[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Rules and Regulations]
[Pages 41300-41316]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16951]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 370

[EPA-HQ-SFUND-2010-0763; FRL-9674-1]
RIN 2050-AG64


Hazardous Chemical Reporting: Revisions to the Emergency and 
Hazardous Chemical Inventory Forms (Tier I and Tier II)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA or the Agency) 
is adding some new data elements and revising some existing data 
elements on the Emergency and Hazardous Chemical Inventory Forms (Tier 
I and Tier II) under Section 312 of the Emergency Planning and 
Community Right-to-Know Act (EPCRA). State and local implementing 
agencies requested that EPA add the new data elements since the 
additional information would be useful to develop or modify their 
community emergency response plans. EPA is also revising some existing 
data elements in the chemical reporting section of the Tier II 
inventory form to make reporting easier for facilities and make the 
form more user-friendly for state and local officials.

DATES: This rule becomes effective on January 1, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-SFUND-2010-0763. All documents in the docket are listed in 
the http://www.regulations.gov index. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, will 
be publicly available only in hard copy. Publicly available docket 
materials are available either electronically http://www.regulations.gov/ or in hard copy at the Superfund Docket, EPA/DC, 
EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the 
Superfund Docket is (202) 566-0276.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency 
Management, Mail Code 5104A, U.S. Environmental Protection Agency, 1200 
Pennsylvania Avenue NW., Washington, DC 20460-0002; telephone number: 
(202) 564-8019; fax number: (202) 564-2625; email address: 
jacob.sicy@epa.gov. You may also contact the Superfund, TRI, EPCRA, RMP 
and Oil Information Center at (800) 424-9346 or (703) 412-9810 (in the 
Washington, DC metropolitan area). The Telecommunications Device for 
the Deaf (TDD) number is (800) 553-7672 or (703) 412-3323 (in the 
Washington, DC metropolitan area). You may wish to visit the Office of 
Emergency Management (OEM) Internet Web site at www.epa.gov/emergencies/content/epcra.

SUPPLEMENTARY INFORMATION: Here are the contents of today's preamble.

I. General Information
    A. Who is affected by this final rule?
    B. What is the statutory authority for this final rule?
    C. What is the background for this final rule?
    D. Summary of Proposed Rule
II. Summary of This Action
III. Response to Comments on the Proposed Rule
    A. General Comments Supporting the Proposed Rule
    B. Suggestions for Finalizing Changes to the Tier I and Tier II 
Inventory Forms
    C. General Comments Opposing the Proposed Rule
    D. Comments on Specific Data Elements Proposed for the Tier I 
and Tier II Inventory Forms
    1. Latitude and Longitude
    2. Number of Full-Time Employees
    3. Number of Occupants
    4. Facility Phone Number
    5. Applicability of EPCRA Section 302 and Clean Air Act Section 
112(r)
    6. Identification Numbers Under the Toxic Release Inventory and 
Risk Management Program
    7. Facility's Parent Company Contact Information
    8. Parent Company Email Address
    9. Facility Emergency Coordinator
    10. Tier I and Tier II Information Contacts
    11. Email Addresses of Owner or Operator and of Emergency 
Contacts
    12. Range Codes and Ranges for Reporting Maximum Amount and 
Average Daily Amount
IV. Revisions Specific to the Tier II Inventory Form
    A. Chemical Information--Pure Chemical and Mixtures
    B. Storage Types and Conditions
V. Additional Concerns and Suggestions
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive

[[Page 41301]]

Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Energy Effects
    I. National Technology Transfer and Advancement Act (``NTTAA'')
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. General Information

A. Who is affected by this final rule?

    Entities that would be affected by this final rule are those 
organizations and facilities subject to section 312 of the Emergency 
Planning and Community Right-to-Know Act (EPCRA) and its implementing 
regulations found in 40 CFR part 370. To determine whether your 
facility is affected by this action, you should carefully examine the 
applicability provisions at 40 CFR part 370. If you have questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.

B. What is the statutory authority for this final rule?

    This final rule is being issued under the Emergency Planning and 
Community Right-to-Know Act of 1986 (EPCRA), which was enacted as Title 
III of the Superfund Amendments and Reauthorization Act of 1986 (Pub. 
L. 99-499), (SARA). The Agency also relies on EPCRA section 328 for 
general rulemaking authority, as well as CAA section 112(r).

C. What is the background of this final rule?

    Title III of SARA (EPCRA) establishes authorities for emergency 
planning and preparedness, emergency release notification reporting, 
community right-to-know reporting, and toxic chemical release 
reporting. It is intended to encourage State and local planning and 
preparedness for releases of extremely hazardous substances (EHSs) and 
to provide the public, local governments, fire departments, and other 
emergency response officials with information concerning potential 
chemical hazards and risks present in their communities. The 
implementing regulations for emergency planning, emergency release 
notification, and the chemicals subject to these regulations are 
codified in 40 CFR part 355. The implementing regulations for community 
right-to-know reporting (or hazardous chemical reporting) are codified 
in 40 CFR part 370.
    Under the emergency planning provisions of EPCRA section 302, 
codified in 40 CFR part 355, a facility is required to provide a one-
time notification to the State Emergency Response Commission (SERC) and 
the local emergency planning committee (LEPC) if the facility has any 
EHSs present at the site in excess of its threshold planning quantity 
(TPQ). EHSs and their TPQs are listed in 40 CFR part 355, Appendix A 
and B. The emergency planning notification occurred approximately seven 
months after the law was passed for facilities that existed at that 
time. Any new facilities that became subject to the notification 
requirement after that date are required to comply as provided in 40 
CFR part 355. Facilities that are currently covered by these 
regulations are required to report only changes occurring at the 
facility that may be relevant to emergency planning. LEPCs use this 
information obtained from facilities to develop emergency response 
plans, as required under EPCRA section 303. Section 303 also requires 
LEPCs to review these plans annually and to adjust them accordingly for 
changes that have occurred in their community.
    On the other hand, the reporting requirements under the community 
right-to-know provisions of EPCRA sections 311 and 312 are on-going 
obligations. These requirements apply to owners and operators of 
facilities that are required to prepare or have available a material 
safety data sheet (MSDS) for a hazardous chemical defined under the 
Occupational Safety and Health Act (OSHA) Hazard Communication Standard 
(HCS). If the hazardous chemical is present at or above the reporting 
thresholds specified in 40 CFR part 370, the facility owner or operator 
is required to submit a MSDS or a list that contains the hazardous 
chemical under EPCRA section 311. Under EPCRA section 312, if a 
hazardous chemical is present at or above the reporting threshold 
specified in 40 CFR part 370, the facility owner or operator is 
required to submit an emergency and hazardous chemical inventory form 
(Tier I or Tier II) to the SERC, LEPC and the local fire department by 
March 1 annually.
    As required by EPCRA section 312(g), EPA published two emergency 
and hazardous chemical inventory reporting forms, Tier I and Tier II. 
The Tier I inventory form requires facilities to report minimum 
information on the general types and locations of hazardous chemicals 
present at the facility. The Tier II inventory form requires facilities 
to report specific information on the amounts and locations of 
hazardous chemicals present at the facility. The information required 
under Tier I and Tier II inventory forms can be found in 40 CFR 370.41 
and 370.42. Although the forms and their instructions were removed from 
the code of federal regulations on November 3, 2008 (73 FR 65452), 
these inventory forms have been and will continue to be available on 
the EPA Web site at www.epa.gov/emergencies.
    EPCRA section 312(a)(2) states that the owner or operator of a 
facility shall submit the Tier I inventory form annually by March 1 to 
the SERC, LEPC and the local fire department with jurisdiction over the 
facility. However, section 312(e) states that, upon request by their 
SERC, LEPC or the fire department with jurisdiction over the facility, 
the owner or operator of a facility shall submit the Tier II inventory 
form. Currently, all states require facilities to submit the federal 
Tier II inventory form or the state equivalent to the Tier II inventory 
reporting form. The Tier I inventory form is no longer accepted by any 
State.
    In addition to the information obtained under EPCRA section 302, 
LEPCs use the information provided on the facility's annual Tier II 
inventory form to update the emergency response plan for their 
community. States were always given the flexibility to implement EPCRA, 
as appropriate, for their community to meet the goals of EPCRA, which 
is to prepare for and respond to releases of EHSs and to provide the 
public with information on potential chemical risks in their 
communities. This flexibility includes adding more chemicals, setting 
lower reporting thresholds and creating a reporting form or format that 
includes more information than the federal reporting requirements. Some 
States developed their own inventory reporting form, including 
electronic reporting and certification. Other States use the federal 
Tier II form or Tier 2 Submit, the electronic reporting software 
developed by EPA.
    Although EPCRA lacks an explicit reference to Indian tribes or to 
the implementation of EPCRA on Indian lands, EPA published a final rule 
on July 26, 1990 (55 FR 30632) to designate Indian Tribes as the 
implementing authority for Title III on all lands within ``Indian 
Country.'' Accordingly, the chief executive officer of the Tribe is

[[Page 41302]]

responsible for the functions of the State governor under EPCRA section 
301, including the appointment of an emergency response commission for 
the Tribe. This tribal commission is responsible for carrying out the 
duties of the SERC, including designation of local emergency planning 
districts and the appointment of an emergency planning committee for 
each district. The district emergency planning committee will carry out 
the same functions as a LEPC in the local emergency planning districts 
designated by a SERC. Also, for facilities located within Indian 
country, the fire department run by the Tribe will be the fire 
department designated to receive section 311 and 312 reports. Any tribe 
may enter into a cooperative agreement with the state(s) within which 
its lands are located to allow the State to carry out EPCRA statutory 
requirements. Indian tribes may also enter into cooperative agreements 
with each other to achieve a workable EPCRA program.

D. Summary of Proposed Rule

    As required under EPCRA section 312(g), EPA published the Tier I 
and Tier II inventory forms, which were revised in July 1990. EPA then 
published a proposed rule on June 8, 1998 (63 FR 31268) to streamline 
the EPCRA reporting requirements for facilities and to provide 
flexibility to state and local agencies to implement EPCRA as needed 
for their community. During the comment period of the 1998 rule, 
several state and local agencies suggested that EPA add some additional 
data elements to the Tier I and Tier II inventory forms which would 
improve emergency planning and response.
    EPA also received suggestions from members of the National 
Association of SARA Title III Program Officials (NASTTPO) on improving 
the Tier II inventory form. NASTTPO members include SERCs, Tribal 
Emergency Response Commissions (TERCs), LEPCs and other emergency 
management and response officials. NASTTPO holds meetings twice a year 
at which EPA participates and provides regulatory and policy updates on 
EPCRA and other preparedness and prevention activities. During these 
meetings, these officials raised concern about the lack of certain 
information on the Tier II inventory form which hinders effective 
emergency planning and response. Some of the states already require 
some of this information on their state equivalent Tier II inventory 
form, but other states that use the federal Tier II inventory form 
requested that EPA include these data elements.
    Based on these comments and requests, EPA proposed on August 8, 
2011 (76 FR 48093) to add some new data elements to the facility 
identification and contact information sections of the Tier I and Tier 
II inventory forms, as well as to revise some existing data elements to 
the chemical reporting section of the Tier II inventory form. The 
comment period closed on October 7, 2011. EPA received 28 comments.\1\
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    \1\ Although EPA proposed to add some new data elements to the 
Tier I inventory form, all comments submitted addressed the Tier II 
inventory form since none of the states currently accept the Tier I 
inventory form.
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II. Summary of This Action

    This final rule revises the Tier I and Tier II inventory forms by 
adding some mandatory data elements and some optional data elements in 
the facility identification and contact information sections of both 
forms.\2\ This final rule is also revising some existing data elements 
in the chemical reporting section of the Tier II inventory form. 
Specifically:
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    \2\ Even though none of the states currently accept the Tier I 
inventory form, EPA is still making changes to this form since EPCRA 
section 312 requires EPA to publish both Tier I and Tier II 
inventory forms.
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     EPA proposed to add the facility phone number, latitude 
and longitude, number of full-time employees, and the facility 
identification numbers assigned under the toxic release inventory (TRI) 
program and the risk management program. This final rule is requiring 
facilities to report the latitude and longitude and the identification 
numbers assigned under TRI and the risk management program. Also, the 
Tier I and II inventory forms will require facilities to indicate if 
the location where the hazardous chemicals are stored is manned or 
unmanned. In addition, instead of requiring facilities to report the 
number of full-time employees, EPA is requiring facilities to report 
the maximum number of occupants that may be present at the facility at 
any one time. Finally, EPA decided not to require the facility phone 
number on the Tier I and Tier II inventory forms, but will include it 
as an optional data element on the revised inventory forms.
     EPA proposed to add contact information for the facility's 
parent company, facility emergency coordinator and contact information 
for the contents of the Tier I and Tier II inventory forms. In 
addition, EPA proposed to add the email addresses for the owner or 
operator of the facility and the emergency contact(s). This final rule 
is requiring facilities to provide contact information for the facility 
emergency coordinator, Tier I and Tier II contact information, as well 
as the email addresses of the owner or operator and emergency 
contact(s). In addition, facilities are required to provide facility 
emergency coordinator contact information for facilities subject to 
EPCRA section 302. However, after reviewing the comments, EPA decided 
not to require the parent company contact information on the Tier I and 
Tier II forms, but will include it as an optional data element on the 
revised inventory forms.
     This final rule is adding data elements to indicate if the 
facility is subject to EPCRA section 302 and if the facility is subject 
to Clean Air Act (CAA) section 112(r), also known as the Risk 
Management Program. Page one of the revised Tier II inventory form 
would also include the table of range codes and amounts for reporting 
maximum amount and average daily amount.\3\
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    \3\ Prior to the proposed rule, only the Tier I inventory form 
included this table for range codes and amounts.
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     This final rule is adding separate data fields for 
reporting pure chemical and mixtures in the chemical reporting section 
of the Tier II inventory form, as proposed. In addition, this final 
rule requires facilities to provide a description for the storage types 
and conditions rather than reporting codes, as proposed.
     Finally, as suggested by some commenters, this final rule 
revises the Tier II inventory form for facilities to report any 
additional State or local reporting requirements or to voluntarily 
report hazardous chemicals below the reporting thresholds.

III. Response to Comments on the Proposed Rule

    EPA received comments from various organizations, including 
industry, NASTTPO, as well as other state and local agencies. This 
section provides a summary of major comments received and EPA's 
responses, as well as EPA's final decision on the data elements 
proposed. A detailed summary of the comments and EPA's responses are in 
the Response to Comments document, a copy of which is in the docket for 
this rulemaking.

A. General Comments Supporting the Proposed Rule

    State and local agencies, members of NASTTPO, and a number of 
industry representatives supported most of the changes proposed to the 
Tier I and Tier II inventory forms. One commenter from industry stated 
that the proposed

[[Page 41303]]

changes are valuable to emergency responders, but not overly burdensome 
to the regulated community. This commenter also applauded EPA's effort 
to simplify and align the Tier I and Tier II inventory forms to 
stakeholder input. Some commenters from industry also provided 
suggestions for finalizing some of the data elements. Members of 
NASTTPO stated that they are in favor of the proposed changes since the 
new data elements will provide valuable information to communities, 
emergency planners, emergency responders and LEPCs. These officials 
also stated that the burden associated with these changes appears to be 
trivial, and, in fact, making these changes will reduce the burden on 
facilities and LEPCs in collecting information.
    EPA's Response: EPA agrees with these comments.

B. Suggestions for Finalizing Changes to the Tier I and Tier II 
Inventory Forms

    As stated earlier in this preamble, the comments and suggestions 
received were for the Tier II inventory form since the Tier I inventory 
form is no longer accepted by any State. EPA received a few suggestions 
for finalizing some of the data elements on the Tier II inventory form.
    One commenter stated that the current form contains a check box for 
optional reporting. However, the proposed revision does not include 
this check box. The optional reporting check box allows a facility to 
inform emergency response agencies of chemicals which are on site, yet 
are below the applicable reporting threshold. The commenter further 
stated that their facility has utilized this check box on multiple 
submissions and that is their company's policy--that is, to mitigate 
exposing a first responder to an uninformed chemical risk. The 
commenter, therefore, requested that EPA keep the optional reporting 
check box to the Tier II inventory form.
    Another commenter stated that if the Agency concludes to add new 
data elements to the Tier II inventory form, the Agency should allow a 
minimum of one full reporting cycle before requiring the new 
information to allow sufficient time for entities to make necessary 
changes to any internal databases and to gather the information 
required.
    EPA's Response: The optional box located on the right hand side of 
the storage codes and locations column on the Tier II inventory form is 
for facilities to indicate if the information on a specific hazardous 
chemical is identical to that submitted last year. The form did not 
include an optional box to indicate if chemicals reported on-site are 
below the applicable reporting threshold as stated by the commenter. 
For facilities that wish to provide information voluntarily on 
hazardous chemicals below the reporting thresholds or to provide 
additional state or local requirements, the Agency is adding data 
fields in the chemical reporting section of the revised Tier II 
inventory form. However, facilities will not be required to fill in 
these data fields, but it is being provided if facilities voluntarily 
want to include this information. The revised Tier II inventory form 
also will continue to provide the optional box for facilities to 
indicate if the information is identical to the information submitted 
last year.
    The Agency also agrees with the commenter that regulated facilities 
need sufficient time to comply with any new requirements to the Tier II 
inventory form. State and local agencies also requested sufficient time 
to modify the State reporting format. Therefore, the Agency has decided 
to require facilities to comply with the new requirements on the Tier 
II inventory form starting reporting year 2013, which is due by or on 
March 1, 2014 to the SERC, LEPC and the fire department with 
jurisdiction over the facility. Your State may have more stringent 
requirements for reporting and for submission of the Tier II inventory 
form or the State reporting form or format. EPA suggests facilities 
contact their State for reporting requirements for that State.

C. General Comments Opposing the Proposed Rule

    One commenter stated that some aspects of the proposed rule would 
exceed EPA's statutory authority under EPCRA sections 311 and 312 and 
create unnecessary burden. Another commenter stated that the Agency's 
proposed rule impermissibly blurs the legal distinctions between EPCRA 
section 302, EPCRA sections 311 and 312, and CAA section 112(r).
    EPA's Response: The Agency disagrees with these comments. That is, 
adding the two check boxes for a facility to indicate whether it is 
subject to EPCRA section 302 or CAA section 112(r) is reasonable, 
authorized under EPCRA sections 302 and 328, as well as CAA section 
112(r), and consistent with the purpose of EPCRA. As mentioned earlier 
in this preamble, LEPCs use the information reported on the Tier II 
inventory form to develop or update their emergency plan. If LEPCs 
could obtain this information annually, they would be able to include 
these facilities in their emergency plan. A basic tenet of EPCRA is to 
provide emergency response officials with sufficient information to 
carry out their duties, and the Agency believes that these two 
additional data elements will help such officials maintain the most 
effective and up-to-date emergency plans. Congress clearly remarked on 
the need for reporting when it adopted EPCRA:

    ``First, Congress recognizes a compelling need for more 
information about the Nation's exposure to toxic chemicals. * * * 
The reporting requirements, and the toxic release forms in 
particular, are intended to provide this national information. As a 
result, the reporting provisions in this legislation should be 
construed expansively to require the collection of the most 
information permitted under the statutory language. Any discretion 
to limit the amount of information reported should be exercised only 
for compelling reasons. A second major principle of this program is 
to make information regarding toxic release exposure available to 
the public, particularly to communities most affected.'' \4\
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    \4\ A Legislative History of the Superfund Amendments and 
Reauthorization Act of 1986 (Pub. L. 99-499), Committee Print, 132 
Cong. Rec. H 9561 (1986) (statement of House Representative Edgar), 
at Vol. 6, page 5313 (1990).

In addition, as explained further below, we do not believe that adding 
these data elements to the Tier II inventory form would create an 
unnecessary burden since facilities would already know if they are 
subject to reporting under EPCRA section 302 or CAA section 112(r).
    The emergency planning notification requirement under EPCRA section 
302 for EHSs present on-site is a one-time notification which was 
required for facilities in existence in 1987. Any facilities that 
became subject to this requirement after that date have been required 
to provide notification to the SERC and LEPC within 60 days (section 
302(c)). Some facilities may not have been aware of this requirement, 
and therefore, providing continued awareness of this requirement would 
help emergency response planners.
    Because of the one-time notification under EPCRA section 302, LEPCs 
currently depend on the information reported on the Tier II inventory 
form to develop or update emergency response plans or better coordinate 
the response plans between the facility and the community. Although 
section 303(d)(3) gives LEPCs the authority to request any information 
necessary to develop or implement their emergency response plans, these 
entities may not have enough resources to contact every facility in 
their community annually to update their plan. The new data element 
requesting if a facility is subject to the emergency planning 
notification under section 302 would alert LEPCs of the need to include 
facilities that are not

[[Page 41304]]

included in their existing emergency response plan. Otherwise, LEPCs 
would need to contact each facility in their community annually, to 
update their plan as stated in EPCRA section 303(a).
    Since LEPCs have limited resources (and the burden on the regulated 
community in providing this information on the Tier II inventory form 
is minimal), EPA believes that the LEPCs resources would be better 
spent in developing or updating the emergency response plans, rather 
than to contact each facility to determine if these facilities should 
be included in the community emergency response plan. Therefore, EPA 
believes that this data element should be included on the Tier II 
inventory form.
    EPA also believes that the data element requesting if a facility is 
subject to the chemical accident prevention provisions under CAA 
section 112(r), also known as the Risk Management Program, is 
necessary. Some of the facilities regulated under EPCRA sections 311 
and 312 are also subject to the provisions under CAA section 112(r), 
codified in 40 CFR part 68. All facilities regulated under CAA section 
112(r) are required to coordinate their emergency response actions with 
the local emergency planning and response organizations (40 CFR 68.12). 
Some of these facilities are required to develop and implement an 
emergency response program for their facilities, which includes 
developing a plan for their employees to respond to any emergency at 
their facilities. These facilities are also required to coordinate 
their emergency response plan with the community emergency response 
plan developed under EPCRA section 303. This requirement would assist 
in ensuring that the facility and community planning efforts are 
coordinated, which will improve both plans, thereby facilitating 
effective response actions when releases occur. It is important for 
LEPCs, who are responsible for developing and implementing the 
emergency response plan for their community, to know which facilities 
have their own response program to respond to their emergencies or if 
LEPCs have to take additional measures to respond to any accidental 
releases.
    These two data elements would provide LEPCs with the information 
they need to effectively plan or respond to emergencies without using 
any additional resources to survey each facility in their community as 
to whether they are subject to CAA section 112(r) or EPCRA section 302. 
Rather, they would use the information reported on the Tier II 
inventory form to contact these facilities for any additional 
information necessary to develop or update their emergency response 
plan required under EPCRA section 303(d)(3).

D. Comments on Specific Data Elements Proposed for the Tier I and Tier 
II Inventory Forms

    As already noted, EPA had proposed to add new data elements to the 
Tier I and Tier II inventory forms. That is, in addition to the 
information currently required on the Tier I and Tier II inventory 
forms under the facility identification section, EPA proposed to add a 
few additional data elements that would provide more complete 
information on the facilities to the public and to the State and local 
agencies responsible for emergency planning and response. Specifically, 
EPA proposed to add the following data elements to the facility 
identification section of the Tier I and Tier II inventory forms: 
Facility phone number, latitude and longitude, number of full-time 
employees, and facility ID numbers provided under the TRI and the Risk 
Management Program, as well as to indicate if the facility is subject 
to EPCRA section 302 or CAA section 112(r). In addition to proposing 
the number of full-time employees, EPA requested comments on whether 
the form should require the number of occupants instead of the number 
of full-time employees.
    In the facility contact information section of the Tier I and Tier 
II inventory forms, EPA proposed to add contact information for the 
facility's parent company, facility emergency coordinator, and for the 
person responsible for completing the information on the Tier I and 
Tier II inventory forms. In addition, although the forms already 
require owner or operator and emergency contact information, EPA 
proposed to add email addresses of these individuals.
    For the chemical reporting section of the Tier I and Tier II 
inventory forms, EPA proposed to revise the range codes and the ranges 
(in pounds) for reporting maximum amount and average daily amount.
    EPA also proposed to revise some existing data elements on the Tier 
II inventory form to include separate data fields for reporting pure 
chemicals and mixtures. Instead of reporting a code for storage types 
and conditions, EPA also proposed to delete the codes from the 
instructions to the Tier II inventory form and instead require 
facilities to provide a description for various types of storage and 
conditions.
    EPA received comments from industry, NASTTPO and State and local 
agencies. EPA received support for most of the data elements from 
various organizations. While some commenters from industry opposed some 
of the data elements, at the same time, they offered suggestions for 
finalizing them. With respect to comments from members of NASTTPO, they 
strongly supported the addition of these data elements since these 
agencies are responsible for emergency planning and response and they 
will be using the information reported on the Tier II inventory forms. 
These state and local officials stated that since the Tier II inventory 
forms have become the default emergency planning information collection 
device used by most communities and LEPCs, the additional changes 
proposed are excellent and will be very useful in emergency planning. 
Some commenters stated that the Tier2 Submit software is already 
collecting most of the information that EPA has proposed.\5\
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    \5\ Many states use Tier2 Submit software as their electronic 
reporting tool. Every year, some of these states request EPA to add 
some State required data elements to the software. Therefore, it is 
possible that many states already require some or all of the data 
elements that EPA has proposed. However, there are other states that 
adopt the federal reporting requirements and these states also 
requested that EPA include these additional data elements.
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    The following is a discussion of comments on the specific data 
elements and EPA's responses and final decision.
1. Latitude and Longitude
    Comment: EPA received one comment opposing the addition of latitude 
and longitude, but the same commenter made suggestions for finalizing 
these data elements. In particular, the commenter argued that EPA 
proposed to add these data elements to the Tier I and Tier II inventory 
forms without articulating a rationale for doing so. The commenter also 
stated that the Tier II inventory form has long been used without this 
information, so it is unclear why EPA is requiring such information in 
addition to a street address of the facility. However, the same 
commenter stated that it is reasonable to require this information from 
facilities that do not have a proper street address, for which latitude 
and longitude are necessary to locate the facility.
    EPA's Response: Since promulgation of the final rule published on 
October 15, 1987 (52 FR 38344), the instructions to the Tier I and Tier 
II inventory forms suggested that facilities that do not have a street 
address to report other identifiers, such as the latitude and longitude 
to describe the physical location of the facility. State and local

[[Page 41305]]

agencies have informed EPA that they often get some Tier II inventory 
forms with P.O. Box address or the address of the corporate office 
instead of the actual location of the facility. These agencies also 
informed EPA that some of the locations where hazardous chemicals are 
stored are unmanned or in rural areas. During an emergency, accurate 
information about the location of the facility is important to 
emergency responders so that these officials can respond in a timely 
manner and exercise evacuation and/or shelter-in place procedures. 
Latitude and longitude are also important for developing emergency 
response plans.
    As stated by the members of NASTTPO, Tier II inventory forms have 
become the default emergency planning information collection device 
used by most communities. Therefore, EPA believes that this information 
is important for emergency planning and response and is being added to 
the Tier I and Tier II inventory forms.
2. Number of Full-Time Employees
    In the proposed rule, EPA proposed to require that facilities 
report the number of full-time employees, but also requested comment on 
whether to require the number of occupants (as opposed to the number of 
full-time employees) on the Tier I and Tier II inventory forms. EPA 
received several comments opposing the addition of number of full-time 
employees, but offered some suggestions for number of occupants.
    Comment: Commenters from the retail industry stated that they have 
part-time and full-time employees, as well as employees that work on 
weekends, holidays etc. Commenters from the utility and 
telecommunication industry stated that their substations or cell towers 
may be unmanned. Thus, these commenters stated that the number of full-
time employees does not accurately represent the number of people that 
may be occupied at a facility at any given time since some facilities 
may be manned or unmanned, and may include full-time and part-time 
employees. Many of the facilities may also have contractors or vendors 
present on-site. Other commenters argued that requiring the number of 
full-time employees on the Tier II inventory form is not authorized by 
EPCRA sections 311 and 312 and that EPA has not explained its basis for 
collecting this information on the Tier II inventory form.
    EPA's Response: EPA recognizes the commenters concerns on the 
Agency's proposal to require the number of full-time employees to be 
reported on the Tier I and Tier II inventory forms. The Agency proposed 
this data element so that LEPCs and other emergency response officials 
would get an idea of how many persons may be present at a facility at 
any one time for planning and response. EPA now realizes that the 
number of full-time employees at a facility may not benefit local 
emergency response or planning officials since it does not represent 
the number of people on-site at any time during an emergency. 
Nevertheless, it is important for emergency responders to know how many 
people may be present at a facility at any one time in order to respond 
during an emergency situation.
    Therefore, the Agency is requiring facilities to estimate the 
maximum number of people that may be present at the facility at any one 
time rather than reporting number of full-time employees. LEPCs would 
be able to use this information to plan for evacuation or shelter-in 
place as they develop or update their emergency plan. (See next section 
for further discussion of this issue.)
3. Number of Occupants
    Comment: One commenter stated that requiring facilities to list the 
number of occupants at a facility would be extremely problematic as the 
number of occupants may change on a daily basis. This requirement would 
be overly burdensome and may actually hinder emergency response efforts 
since this information would provide an inaccurate picture of the 
number of occupants in the facility on any given day.
    EPA's Response: The Agency disagrees that requiring facilities to 
list the number of occupants would be problematic or burdensome. To 
plan for proper evacuation or shelter-in place, it is important for 
LEPCs and other emergency responders to have this information. 
Facilities, such as convention centers, theaters, stadium or other 
large gathering places would already know the maximum number of 
occupants that may be present at any one time. If such facilities are 
required to comply with section 312, they would be able to provide this 
information on their Tier II inventory form without any added burden.
    Other facilities subject to EPCRA section 312 would need to 
estimate the maximum number of people that may be present at any one 
time, including employees, contractors, vendors etc. Facilities should 
also include persons that may be present for training or other events 
that facilities may host so that LEPCs and emergency response officials 
may be better prepared. In addition, if facilities submit a site plan 
with their inventory form, it would be helpful for state and local 
agencies (but not required) if facilities identify the buildings or 
locations where large numbers of people may gather for training or 
other events.
    Therefore, EPA is adding the data element requiring facilities to 
estimate the maximum number of occupants that may be present at a 
facility at any given time rather than requiring facilities to report 
the number of full-time employees at a facility.
    Comment: Another commenter requested that EPA clarify that if a 
building or complex is occupied by more than one entity, the Agency 
should only require reporting with regard to that portion of the 
building or complex that the reporting party controls, since there are 
many instances where a business occupies only a portion of a building 
and does not have access to or control over other portions of a 
building to provide the total number of employees or occupants. The 
Tier II submitter would be able to respond only regarding its own 
employees or occupants not all those that might be working in the 
building.
    EPA's Response: The requirements of EPCRA sections 311 and 312 and 
its implementing regulations (40 CFR part 370) apply to the owner or 
operator of a facility that must prepare or have available a MSDS for 
each ``hazardous chemical'' as required by the Occupational Safety and 
Health Act (OSHA) of 1970.
    The term ``facility'' is defined in EPCRA section 329 as ``all 
buildings, equipment, structures, and other stationary items which are 
located on a single site or on contiguous or adjacent sites and which 
are owned or operated by the same person (or by any person which 
controls, is controlled by, or under common control with, such 
person).''
    Although a building may be occupied by more than one tenant, each 
tenant may only be required to have an MSDS for the hazardous chemicals 
that are in its site. Therefore, the tenant is only required to report 
information related to its site, including the number of occupants and 
other information required on the Tier II inventory form.
4. Facility Phone Number
    In addition to the mailing address of the facility currently 
required on the Tier I and Tier II inventory forms, EPA proposed to 
require that the facility's phone number be provided on the Tier I and 
Tier II inventory forms. A number of commenters opposed adding this 
data element.

[[Page 41306]]

    Comment: One commenter argued that facilities only subject to EPCRA 
sections 311 and 312 should not be required to provide a telephone 
number of the facility or the data field should be marked ``optional'' 
since certain locations, such as a cell tower with a hut at its base 
with back-up power equipment may not be staffed at all times or may not 
be equipped with a telephone. Another commenter stated that the Agency 
should clarify what is meant by the data element ``facility phone 
number'' since manned facilities may have many phone numbers.
    EPA's Response: EPA recognizes that some locations, such as a cell 
tower where hazardous chemicals may be stored could be unstaffed and 
therefore may not have a telephone number for that site. In addition, 
the Tier I and Tier II inventory forms already require the phone 
numbers of the owner or operator of the facility and emergency 
contacts, which should be sufficient to LEPCs and other officials to 
get in touch with the appropriate person(s) at a facility. For these 
reasons, EPA agrees with the commenter and is adding this data element 
as an ``optional'' element. For facilities that may want to provide the 
facility phone number, EPA suggests facilities provide the phone number 
for the main switchboard operator or any other number that State and 
local agencies or the public may want to use to obtain general 
information about the facility.
5. Applicability of EPCRA Section 302 and Clean Air Act Section 112(r)
    To assist LEPCs to better coordinate their emergency plan and 
response procedures, EPA proposed data elements to indicate if the 
facility is subject to emergency planning notification under EPCRA 
section 302 or the provisions under CAA section 112(r), also known as 
the Risk Management Program.
    Comment: One commenter stated that EPCRA sections 311 and 312 do 
not authorize requiring a facility to report whether it is subject to 
EPCRA section 302 or CAA section 112(r). The same commenter argued that 
if the Agency has such legal authority, we would not object to this 
proposed new data element, so long as the form makes unavoidably clear 
on its face which data elements are required only from a facility 
subject to one of those provisions.
    EPA's Response: The Agency understands that not all facilities 
subject to EPCRA section 312 would also be subject to EPCRA section 302 
and CAA section 112(r). As stated by members of NASTTPO, Tier II 
inventory forms have become the default for information used by LEPCs 
for emergency planning. Since facilities subject to EPCRA section 302 
and CAA section 112(r) are required to participate or coordinate 
emergency planning and response, as explained in section III.C of this 
action, it is important for LEPCs to know which facilities are subject 
to the requirements under these two programs so LEPCs can obtain the 
additional information necessary for developing or updating their 
emergency plan annually. Thus, consistent with the Agency's response in 
section III.C of this Final Rule above, the Agency is adding these data 
elements to the Tier I and Tier II inventory forms. Facilities may 
check the ``yes'' box to indicate the facility is subject to these 
provisions or ``no'' if the facility is not.
(a) Subject to Emergency Planning Notification Under EPCRA Section 302
    Comment: Members of NASTTPO supported this data element stating 
that of all the proposed changes, this one addresses the most critical 
concern. Continued awareness of facilities' EPCRA section 302 reporting 
obligation is necessary to ensure better coordination and planning.
    Two commenters opposed this proposed data element. One commenter 
stated that it is not necessary to expand the Tier II inventory form to 
include the two proposed additional questions regarding whether the 
facility is subject to EPCRA section 302 and CAA section 112(r). The 
other commenter stated that the regulated community is already aware of 
the requirements under EPCRA section 302.
    EPA's Response: We disagree with those commenters who opposed 
including these data elements on the Tier II inventory form. EPCRA 
section 302 is a one-time notification requirement that occurred in 
1987 for facilities that were in existence at that time. Any facilities 
that became subject to this requirement since that time should have 
provided notification to the SERC and LEPC within 60 days. While EPA 
understands the regulated community may be aware of this reporting 
requirement and that most facilities may have provided this 
notification, nevertheless, it was a one-time notification, and 
facilities may have overlooked their reporting obligation under EPCRA 
section 303(d)(2), which is to notify LEPCs of any changes that may 
have occurred after the initial notification, which may include, but 
not be limited to, changes in facility personnel designated as 
emergency coordinator, emergency contacts, as well as other changes at 
the facility. Some facilities may not even be aware of this 
requirement. Requesting this information on the Tier II inventory form 
annually would alert facilities of this reporting obligation. If LEPCs 
obtain this information annually from all facilities required to comply 
under sections 302 and 303, it would ensure that all facilities are 
included in the emergency plan, which LEPCs are required to update 
annually.
(b) Subject to Chemical Accident Prevention Provisions Under Section 
112(r) of the Clean Air Act (40 CFR part 68, Risk Management Program)
    Comment: Members of NASTTPO supported this requirement, but 
suggested that EPA inform facilities that submitting a Tier II 
inventory form does not itself constitute compliance with the 
requirement under CAA section 112(r) to coordinate emergency response 
with LEPCs and local response agencies.
    EPA's Response: The Agency agrees that submitting a Tier II 
inventory form indicating that the facility is subject to the 
provisions under CAA section 112(r) does not itself replace the 
requirement for facilities to coordinate emergency response actions 
with LEPCs. Facilities covered by CAA section 112(r) requirements must 
coordinate their emergency response program with their LEPCs, as 
discussed below, and as required by 40 CFR 68.12. Just submitting a 
Tier II inventory form would not substitute the requirement under 40 
CFR 68.12.
    As stated in section III.C of this action, some of the facilities 
regulated under EPCRA sections 311 and 312 are also subject to the 
chemical accident prevention provisions under CAA section 112(r), also 
known as the Risk Management Program codified in 40 CFR part 68. All 
facilities regulated under CAA section 112(r) are required to 
coordinate their emergency response actions with the local emergency 
planning and response organizations (40 CFR 68.12). Some of these 
facilities are required to develop and implement an emergency response 
program for their facilities, which includes developing a plan for 
their employees to respond to any emergency at their facility. These 
facilities are also required to coordinate their emergency response 
plan with the community emergency response plan developed under EPCRA 
section 303. This requirement would ensure that the facility and 
community planning efforts are coordinated, which will improve both 
plans, thereby facilitating effective response actions when releases 
occur.
    For the reasons stated, EPA is adding these two data elements to 
the Tier I and Tier II inventory forms.

[[Page 41307]]

6. Identification Numbers Under the Toxic Release Inventory and Risk 
Management Program
    EPA requested comments as to whether facilities should provide the 
identification numbers assigned under the TRI and Risk Management 
Program.
    Comment: One commenter stated that the addition of these data 
elements provide very little information to emergency responders, 
although it is not too much burden on facilities. The commenter also 
stated that the TRI report is a release inventory, not information on 
specific chemicals present on-site, so it would be difficult for an 
emergency responder to match specific chemicals reported under the TRI 
program with those reported on the Tier II inventory form. Another 
commenter stated that if EPA determines that it is necessary to add 
this data element, the regulated community would prefer to report the 
identification number assigned under the Risk Management Program.
    Three commenters opposed adding these identification numbers to the 
Tier II inventory form stating that these data elements are already 
available to the public since they are already collected under these 
two programs.
    EPA's Response: EPA receives reports submitted under CAA section 
112(r) (also known as the Risk Management Program) and information 
submitted under the TRI program. However, the Agency does not receive 
the Tier II inventory form filed under EPCRA section 312. Therefore, 
the Agency would not be able to provide access to all three reports to 
State and local agencies so that these agencies can make them available 
to the public. State and local agencies that receive the Tier II 
inventory form requested that EPA require these two data elements so 
they can obtain additional information about these facilities or cross-
reference information reported under these programs. These agencies 
informed us that some facilities are not consistent in their reports 
year-after-year. For example, a facility may report its name as ``Smith 
Inc.'' one year and then the following year, it may report ``Smith and 
Sons,'' or ``Smith Company.'' Providing the identification numbers 
assigned by EPA under these two programs on the Tier II inventory form 
would help these agencies better respond to public inquiries.
    EPA also believes that State and local officials may find it 
helpful to compare information reported for chemicals that are listed 
under all three programs. For example, TRI and the Tier II inventory 
form require facilities to report the maximum amount of a chemical 
present on-site at any one time during a reporting year and the Risk 
Management Program requires the quantity of chemical in a process. 
There are some chemicals common to all three programs. Therefore, EPA 
is requiring facilities to provide their TRI facility identification 
number if the facility is subject to reporting under that program. With 
respect to the Risk Management Program under CAA section 112(r), some 
facilities regulated under EPCRA sections 311 and 312 are also subject 
to the provisions under CAA section 112(r), codified in 40 CFR part 68. 
All facilities regulated under CAA section 112(r) are required to 
coordinate their emergency response actions with local emergency 
planning and response organizations (40 CFR 68.12). Some of these 
facilities are required to develop and implement an emergency response 
program for their facilities, which includes developing a plan for 
their employees to respond to any emergency at their facility. These 
facilities are also required to coordinate their emergency response 
plan with the community emergency response plan developed under EPCRA 
section 303. This would ensure that the facility and community planning 
efforts are coordinated, which will improve both plans, thereby 
facilitating effective response actions when releases occur.
    It is important for LEPCs who are responsible for developing and 
implementing emergency response plans for their community to know which 
facilities have their own response program to respond to their 
emergencies or if LEPCs have to take additional measures to respond to 
any accidental releases. The Risk Management Program identification 
number is vital to emergency planning and response since facilities 
covered under this program should be coordinating their response plan 
with the LEPCs. This number would better identify the facility and 
these agencies can then cross-reference the information reported on the 
Tier II inventory form and Risk Management Program. Thus, EPA is 
finalizing this data element as proposed.
7. Facility's Parent Company Contact Information
    EPA proposed to add the facility's parent company contact 
information to the Tier I and Tier II inventory forms.\6\
---------------------------------------------------------------------------

    \6\ EPA also proposed to add the owner or operator contact 
information to the Tier I and Tier II inventory forms. However, EPA 
agrees with commenters that this information is already included on 
the Tier I and Tier II inventory forms, as well as the Tier2 Submit 
software. The owner or operator contact information will continue to 
be required on the Tier I and Tier II inventory forms.
---------------------------------------------------------------------------

    Comment: Members of NASTTPO supported EPA's proposal to include 
parent company contact information to the Tier II inventory form. 
However, nine commenters opposed EPA's proposal to require parent 
company contact information on the Tier I and Tier II inventory forms. 
Two commenters stated that the parent company corporate headquarters or 
subsidiary company contact is often distant both geographically and 
organizationally from the facility's operations and as such will likely 
have no knowledge about the specifics of hazardous chemical usage at a 
unique company location. Other commenters who also disagreed with 
including this data element on the Tier I and Tier II inventory forms 
argued that providing information on other facility personnel, such as 
emergency contacts and the owner or operator will be sufficient for 
state and local officials to obtain the information needed about 
hazardous chemicals at the facility.
    EPA's Response: EPA recognizes the concerns raised by commenters 
that the parent company of some facilities may not be aware of the day-
to-day operations at a particular location. EPA also realizes that some 
parent companies may be located outside the U.S. and therefore, the 
parent company contact information would not be useful for emergency 
planning or response. Therefore, EPA is not requiring this information 
to be included on the Tier I or Tier II inventory forms. However, if 
facilities wish to provide this information, EPA is adding parent 
company contact information as an ``optional'' data element to both 
forms.
8. Parent Company Email Address
    EPA proposed to add the facility's parent company email address to 
the Tier I and Tier II inventory forms.
    Comment: One commenter stated that in a large corporation, the 
email address of company executives or upper level management is of 
little value in the event of an emergency as these individuals are not 
able to provide the level of detail needed to assist emergency 
responders. The commenter suggested that the addition of the email 
address of the facility emergency coordinator and the addition of the 
name, title, email address and phone number of the person knowledgeable 
of the information reported on the Tier II inventory form provides the 
best contact information in the event of an emergency.

[[Page 41308]]

    EPA's Response: The Agency proposed this data element assuming that 
corporate headquarters or parent company executives should be informed 
of any activities involving planning or public meetings with the 
community via email since it is one of the modern ways of 
communication. However, based on the comments received regarding parent 
company contact information in section III. D. 7 of this final rule, 
EPA is not requiring this information be included, but is adding it as 
an ``optional'' data element on both forms.
9. Facility Emergency Coordinator
    EPCRA section 303(d)(1) requires facilities subject to EPCRA 
section 302 emergency planning notification requirements to designate 
an individual to participate in the emergency planning process as the 
facility emergency coordinator. State and local agencies informed EPA 
that facilities often forget to notify them of personnel changes that 
occur at the facility. Therefore, EPA proposed this data element so 
LEPCs would obtain this information annually.
    Comment: Members of NASTTPO supported this proposal stating that 
EPA has identified a critical gap and that the proposal is excellent. 
One commenter from industry stated that the facility emergency 
coordinator is already included on the Tier2 Submit software used in 
various states.
    EPA's Response: EPA agrees with the commenter that the Tier2 Submit 
software used in various states may already include this data element 
since states are given the flexibility to implement the EPCRA program 
as needed for their community. This means that, many states have 
expanded their right-to-know regulations to include additional 
chemicals, lower reporting thresholds, and additional data elements 
beyond those required on the federal Tier II inventory form. Some of 
the states have their own electronic reporting format and others use 
Tier2 Submit. Every year, EPA receives requests from some states that 
use Tier2 Submit to add some state required data elements, which may 
include most or all of the data elements that were proposed. So it is 
possible that the states that use Tier2 Submit already require 
facilities to report facility emergency coordinator contact 
information. However, EPA proposed this data element for states that 
follow the federal reporting requirements. Because State and local 
agencies have identified the absence of this data on the Tier II 
inventory form as a critical gap, EPA is finalizing this provision and 
will require that emergency coordinator contact information be required 
on the Tier II inventory form.
    Comment: Four commenters opposed EPA's proposal to require the 
contact information for the facility emergency coordinator be included 
on the Tier II inventory form. These commenters argued that the Tier II 
inventory form already requires facilities to report an emergency 
contact and a 24-hour emergency phone number so it is not clear why 
this data element is being added as another new requirement. Another 
commenter stated that adding the facility's emergency coordinator 
contact information to the Tier I and Tier II inventory forms is 
unnecessary since emergency planning agencies may already get in touch 
with the designated emergency contact. Furthermore, it was argued that 
EPA provides no reason as to why facilities should report the contact 
information for both facility emergency coordinator and an emergency 
contact. Again, this adds a new burden for facilities. Another 
commenter objects to requiring this information on the Tier II 
inventory form unless the form clearly shows that the information is 
required only for facilities subject to EPCRA section 302.
    EPA's Response: EPA disagrees with these commenters. The Agency 
believes that it is important for LEPCs and SERCs to obtain updated 
information on the facility emergency coordinator annually. Under EPCRA 
section 303(d)(1), facilities are required to provide the name of an 
individual who will participate in the emergency planning process as a 
facility emergency coordinator. It is possible that personnel changes 
may occur at facilities and since this is not an annual requirement, 
facilities may overlook informing their LEPC of this change. In 
addition, providing the contact information for the facility emergency 
coordinator and for the emergency contact is necessary since it is 
possible that some facilities may designate two individuals to carry 
out these two functions, as opposed to designating the same person for 
these two positions. Thus, providing this information annually or 
updating the Tier II inventory form annually would ensure better 
coordination for emergency planning, and would not impose a significant 
burden on the facility given such information is readily available to 
the facility. EPA encourages facilities to provide facility emergency 
coordinator information of an individual closest to the location where 
hazardous chemicals are stored.
    Finally, EPA realizes that only some facilities subject to the 
sections 311 and 312 reporting requirements may be subject to the 
section 302 emergency planning notification. Therefore, EPA is 
requiring facilities to provide the facility emergency coordinator 
contact information on the Tier II inventory form only if the facility 
is also subject to EPCRA section 302.
10. Tier I and Tier II Information Contacts
    State and local agencies informed EPA that they often find it 
difficult to get in touch with the right individual for information 
contained on the Tier II inventory form. Therefore, EPA proposed that 
facilities provide contact information of the individual responsible 
for completing the Tier II inventory form.
    Comment: One commenter stated that requiring this information would 
be reasonable and arguably within the implicit authority of EPCRA 
sections 311 and 312. Members of NASTTPO also supported this proposed 
data element stating that EPA has again identified a critical gap and 
addressed it with this proposal. However, one commenter opposed this 
proposed data element stating that the facility owner or operator is 
already required to sign the certification on the Tier II inventory 
form and would know how to handle LEPC inquiries.
    EPA's Response: Although the owner or operator of the facility is 
responsible for signing the certification on the Tier II inventory 
form, the Agency believes the person responsible for completing the 
form is likely to have knowledge of the specific details on the 
hazardous chemicals reported on the Tier II inventory form. Tier II 
contact information is very important for emergency planning and 
response since the information reported on the Tier II inventory form 
is used by LEPCs for updating the emergency plan. Therefore, EPA is 
adding this data element, as proposed.
11. Email Addresses of Owner or Operator and of Emergency Contacts
    In addition to the information already required for the owner or 
operator and the emergency contact(s), EPA proposed to require 
facilities to also provide email addresses for these two individuals.
    Comment: One commenter agrees with EPA's proposal to require an 
email address of the Tier II information contact. However, this 
commenter disagreed with EPA that facilities should also provide the 
email addresses for emergency contacts. The commenter stated that email 
is not an appropriate form of communication during an emergency 
situation and that in non-emergency situations, the person selected as 
an emergency contact may

[[Page 41309]]

not be authorized to speak for the reporting entity.
    EPA's Response: The Agency believes that any number of ways to 
communicate with facility personnel (i.e. phone, email, mailing address 
etc.) is necessary to ensure proper coordination of emergency planning 
and response procedures. Under EPCRA section 303, LEPCs are required to 
develop an emergency plan and update it annually. Among others, the 
plan is required to include methods and procedures to be followed by 
facility owners and operators, as well as local emergency and medical 
personnel to respond to any releases (section 303(c)(2)). Providing an 
email address for the owner or operator and of the emergency contact(s) 
would be beneficial to LEPCs to communicate via email on the methods 
and procedures to respond to releases. Also, LEPCs may want to inform 
via email the facility owners and operators in their community if the 
LEPCs are planning to conduct exercises or hold public meetings so 
facility owners and/or operators, emergency contacts and the facility 
emergency coordinator may participate in these activities. Sending this 
email to each person listed on the Tier II inventory form is 
appropriate since it is possible that one or two persons may not be 
available at the scheduled time. EPA also believes that these data 
elements do not pose significant regulatory burden since the burden to 
report may be incurred only the first year that the rule would be 
effective. In subsequent years, facilities may only need to update the 
information annually if any changes occur. Thus, EPA is adding these 
data elements to the Tier I and Tier II inventory forms.
12. Range Codes and Ranges for Reporting Maximum Amount and Average 
Daily Amount
    The information requirements to the Tier I and Tier II inventory 
forms currently list range codes for reporting the maximum amount and 
average daily amount of hazardous chemicals present at the site in the 
preceding calendar year. Since sections 312 (d)(1) and (2) specifically 
state that an estimate in ranges for the maximum amount and average 
daily amount should be reported on the Tier I and II inventory forms, 
the regulations would still require facilities to report in ranges. 
However, the range codes currently listed in the regulations are very 
broad. Such information is not as useful as specific quantity 
information for effective emergency response planning. In order for the 
States, local agencies and emergency response officials to have 
information on the maximum amount and average daily amount that are 
closer to the actual amounts present at the facility, EPA proposed to 
narrow the ranges.
    Comment: One commenter from industry and the members of NASTTPO 
supported the proposed ranges for reporting maximum amount and average 
daily amount. Members of NASTTPO stated that this will bring much 
needed clarity and eliminate a source of confusion in the completion 
and use of the forms. The commenter from industry stated that they do 
not object to narrowing the ranges for reporting maximum amount and 
average daily amount of hazardous chemicals since narrowing the ranges 
may give state and local emergency agencies a more detailed picture of 
the chemicals at a facility. In addition, the commenter stated that the 
proposed changes accomplishes the goal of the proposed rule, which is 
to provide useful information to emergency planning agencies with 
little or no added burden.
    Two commenters, however, suggested that instead of revising the 
ranges or the range codes, EPA should require facilities to report the 
actual number of pounds for both maximum amount and average daily 
amount.
    EPA's Response: As stated in the proposed rule, EPCRA section 
312(d)(1) and (2) specifically states that the maximum amount and 
average daily amount should be reported in ranges. Since the statute 
requires these amounts to be reported as ranges, the Agency proposed to 
narrow the ranges so the amount reported would be closer to the amount 
present on-site. State and local agencies expressed concerns that the 
intervals between the current maximum and minimum values are too wide.
    Comment: Three commenters opposed the proposed ranges for reporting 
maximum amount and average daily amount. One of the commenters stated 
that the Agency's reasoning for the existing range codes remains valid 
today and should not be changed unless new information in the record 
supports that the Agency's initial reasoning is now invalid. Two of the 
commenters also argued that consistency of chemical weight ranges among 
regulatory programs, TRI and the section 312 Tier II inventory form 
provides the regulated community, emergency responders and the public 
with a uniform standard of measurement. One of the commenters also 
argued that the existing ranges adequately balances the trade-off 
between the protection of confidential information and the provision of 
useful data.
    EPA's Response: The actual amount of a hazardous chemical present 
at a facility is the most useful information that LEPCs could have for 
effective planning and for response. However, the statute specifically 
states that only ranges should be required on the Tier I and Tier II 
inventory forms. The Agency believes that the ranges proposed for 
reporting maximum amount and average daily amount are more useful for 
LEPCs than the existing ranges, which are too broad. The reporting 
threshold for EHSs is 500 pounds or the TPQ whichever is less. Some of 
the EHSs have TPQs set as low as 1, 10, 100, 500 and 1,000 pounds. 
Emergency planning for these chemicals are more crucial than those with 
higher TPQs (i.e. 10,000 pounds). EPA believes it is necessary to 
narrow the ranges so that LEPCs would obtain information on the amount 
of EHSs that have low TPQs in a range most likely closer to the actual 
amount present at the facility.
    With respect to maintaining consistency with the TRI program, 
reporting under EPCRA section 313 serves a different purpose than 
hazardous chemical inventory reporting under EPCRA section 312, which 
is used for emergency planning and response. Only some of the 
information required under both programs is common and these would be 
useful to state and local agencies. However, the amount required on the 
TRI report is mainly for releases of toxic chemicals, whereas the 
amount reported on Tier II is storage of hazardous chemicals. Thus, it 
is not necessary or appropriate to have the same range values under 
both of these programs.

IV. Revisions Specific to the Tier II Inventory Form

    Facilities are required to report specific information about 
hazardous chemicals on the Tier II inventory form. State and local 
agencies informed EPA that they often get Tier II inventory forms for 
mixtures not consistent with their section 311 MSDS or list reporting. 
Thus, in response to concerns raised by stakeholders, EPA proposed to 
revise some existing data elements under the chemical reporting section 
of the Tier II inventory form.
    In particular, EPA proposed separate data fields for reporting pure 
chemicals and mixtures to make reporting easier for facilities and for 
State and local agencies to obtain consistent information on chemicals 
reported under EPCRA sections 311 and 312. In addition, EPA proposed to 
delete the codes for reporting storage types and conditions from the 
Tier II inventory form instructions, but instead require

[[Page 41310]]

facilities to provide an accurate description of the storage types and 
conditions for each hazardous chemical reported. The reason EPA 
proposed this change was to provide emergency responders with 
information readily available rather than to search for instructions to 
determine what each code represents.
    One commenter from industry supported the proposed clarification on 
the reporting of mixtures. The commenter also stated that the listing 
of actual container types, rather than the use of codes, are positive 
changes that will move the program toward the ease of use for emergency 
responders.

A. Chemical Information--Pure Chemical and Mixtures

    EPA received requests from certain sectors of the regulated 
community to provide clear instructions for reporting mixtures on the 
Tier II inventory form. In addition, State and local agencies informed 
EPA that they often get Tier II inventory forms that are not consistent 
with the facility's MSDS or list reporting under section 311 for 
mixtures. On November 3, 2008 (73 FR 65452), EPA provided clarification 
on how to determine if a reporting threshold has been met for mixtures 
that contain EHSs and non-EHSs as their components. In that rule, EPA 
also reiterated the flexibility provided in EPCRA section 312 that 
facilities may either report the component or the total mixture.
    EPA proposed separate data fields for reporting pure chemicals and 
mixtures so that the regulated community would be consistent in 
reporting mixtures with their section 311 reporting. The Tier II 
inventory form requires facilities to report the maximum amount and 
average daily amount, as well as the storage types and conditions. 
However, the Tier II inventory form prior to the proposed rule did not 
specify if the maximum amount or the average daily amount present on-
site is referring to the component or the mixture since facilities have 
the option to report the component or the mixture. In order to make 
reporting easier for facilities and make the Tier II inventory form 
more user friendly, EPA proposed separate data fields for reporting 
pure chemicals and mixtures. If facilities are reporting a mixture by 
its components or the total mixture itself, separate data fields were 
proposed to specify the maximum amount and average daily amount for 
EHSs, non-EHSs, as well as the mixture itself. EPA is now finalizing 
these changes as proposed.
    Comment: Three commenters raised questions concerning EPA's adding 
separate data fields for pure chemicals and mixtures. One comment 
requested that EPA clarify if product name, trade or other chemical 
information should be provided for the mixture. Another comment was 
concerned that the proposed reporting section for mixtures shows a data 
field for reporting all non-EHSs in the mixtures, which facilities are 
not required to do, and could be confusing for those facilities that 
are reporting mixtures.
    EPA's Response: EPA decided to propose separate data fields for 
mixtures and pure chemicals since certain sectors of the regulated 
community requested that EPA clarify the reporting of mixtures after 
publication of the final rule on November 3, 2008 (73 FR 65452) in 
which EPA sought to clarify the reporting of mixtures, as well as other 
reporting requirements. The instructions to the Tier II inventory form 
would specify facilities to report ``mixture name,'' ``product name'' 
or ``chemical name'' as it appears on the MSDS, whether the hazardous 
chemical reported is pure or a mixture.
    As stated in 40 CFR 370.14, facilities have the flexibility for 
reporting non-EHSs in mixtures, and the inclusion of the data field for 
non-EHSs is for the convenience of the owner or operator of the 
facility. However, EPA is only requiring facilities to aggregate the 
amount of EHSs in mixtures and in pure form and then report the EHSs in 
mixtures.
    Comment: Two commenters suggested that EPA develop a standard 
reporting format to address lead-acid batteries. The commenters stated 
that the reporting of batteries would be consistent if the facilities 
report the total battery weight with a percentage EHS.
    EPA's Response: EPA is not developing a standard reporting format 
to address lead-acid batteries at this time. However, EPA wants to 
suggest how facilities could report batteries on the Tier II inventory 
form. Although separate data fields are provided for reporting pure 
chemicals and mixtures, it is best for emergency responders to obtain 
information on hazardous chemicals consistent with a facility's MSDS 
reporting under section 311. Thus, if the facility has an MSDS for 
batteries that require reporting on the Tier II form, EPA suggests the 
facility report batteries in the data field marked ``mixture or product 
name'' and then report the name and the amount of the EHS present.

B. Storage Types and Conditions

    Prior to the proposed rule, the instructions to the Tier II 
inventory form specified codes for reporting storage types and 
conditions. State and local agencies requested that EPA remove the 
codes and require facilities to provide a description for the various 
types of storage and conditions so that in an emergency local agencies 
and responders won't have to search for instructions to the Tier II 
inventory form to find out what each code represents.
    Comment: Four commenters supported, but also provided suggestions 
on this specific proposal. One of the commenters stated that this 
revised data element will ease the recordkeeping requirements for 
facilities, while still providing useful information for emergency 
planning agencies. Another commenter stated that instead of eliminating 
the use of storage codes, the option should be provided to use the 
codes and a description for the container types. The commenter stated 
that this would provide the reporting facility with the ability to use 
familiar storage codes with the option to provide more description if a 
code does not fully describe the container type. Another commenter 
requested that a pick list be provided for storage types and 
conditions.
    EPA's Response: The Tier2 Submit software already includes a ``pick 
list'' for storage types and conditions and the option to provide a 
description not listed in the ``pick list.'' The Agency agrees with 
State and local agencies that at a time when an emergency is occurring, 
it is more appropriate for an accurate description of the various types 
of storage and conditions for each hazardous chemical present at a 
facility be described on the Tier II inventory form. The instructions 
to the Tier II inventory form would include some examples of common 
types of storage and conditions.
    Comment: One commenter opposed the elimination of reporting codes 
for storage type and conditions. The commenter stated that the proposed 
elimination of codes opens these data elements for personal and 
possibly incorrect interpretation, whereas currently the data is 
standardized via the code system. Otherwise, a user must craft language 
naming storage types, temperature and pressure conditions that they may 
understand, but nonetheless may likely be differently described by 
another entity. The commenter also stated that the facility files over 
550 annual EPCRA Tier II inventory forms and uses Tier2 Submit software 
as allowed by state reporting requirements. The facility is concerned 
that the elimination of reporting codes for storage type and 
temperature and pressure conditions would necessitate physical data 
entry for these three fields on each annual filing. Such a laborious

[[Page 41311]]

effort is both time consuming and subject to human data entry error. 
The current use of reporting codes eliminates the possibility of key 
stroke data entry errors.
    EPA's Response: The elimination of codes for storage types, as well 
as temperature and pressure, was requested by state and local agencies. 
In an emergency situation, it would be easier for these agencies and 
other emergency responders to have the information readily available 
rather than to search for instructions to the Tier II inventory form to 
determine what each code represents. It is not possible to list a code 
for every storage type or condition that maybe available. Therefore, 
the Agency believes it would be more accurate if the facility describes 
the storage type(s) and conditions for the hazardous chemicals present 
on-site.
    The commenter mentioned that the facility files over 550 Tier II 
inventory reports. The federal electronic reporting format, Tier2 
Submit software, includes a pick list for some of the common storage 
types and conditions. The instructions to the Tier II inventory form 
will be revised to include some examples of common storage types and 
conditions. Nevertheless, facilities are encouraged to report the 
chemical information section of the Tier II inventory form as 
accurately as possible for each location of the facility rather than 
filing one form making multiple copies of the form to represent each 
location. Since storage locations, amounts, as well as storage types 
may vary from location to location, reporting accurate information for 
each location is important for emergency planning and response.

V. Additional Concerns and Suggestions

    EPA received several comments with suggestions on including 
additional data fields on the Tier II inventory form. One commenter 
stated that there needs to be a space on the Tier II inventory form for 
reporting additional LEPC or State requirements. Many LEPCs have 
established a lower threshold for specific chemicals presenting unique 
risks to those communities so there should be a convenient spot on the 
Tier II inventory form for this information. The commenter also stated 
that the right hand edge of the current form is a spot for facilities 
to note that they are voluntarily submitting information that would not 
be otherwise reported and that this portion should remain unchanged. 
Additionally, a commenter suggested that the Agency not adopt these 
changes prior to the next reporting cycle unless the Tier2 Submit 
software will be revised to incorporate the changes made to the Tier II 
inventory form.
    EPA's Response: For states that use Tier2 Submit, EPA currently 
modifies the system annually to incorporate state-specific fields that 
are required under the state regulations. The optional boxes provided 
on the bottom of the current federal Tier I and II inventory forms are 
for any optional attachments that facilities may be including with 
their inventory form, such as the facility site plan, list of site 
coordinate abbreviations, description of dikes, etc. These boxes appear 
on the first page of the proposed Tier II inventory form and remain 
unchanged on the Tier I and Tier II inventory forms.
    Optional boxes provided on the right hand side of the storage code 
and location columns of the current Tier II inventory form are for 
facilities to indicate if all of the information on a specific 
hazardous chemical is identical to that submitted last year. Prior to 
the proposed rule, the federal Tier II inventory form did not have an 
optional box to indicate if chemicals reported on-site are below the 
applicable reporting threshold as stated by the commenter. However, as 
requested by the commenter, EPA is adding data fields for facilities 
that wish to provide information on a voluntary basis on hazardous 
chemicals not required, such as those below the reporting thresholds.
    As stated in section III.B. of this action, the Agency has decided 
to require facilities to comply with the new requirements on the Tier 
II inventory form starting reporting year 2013, which is due by or on 
March 1, 2014. Tier2 Submit will be modified accordingly.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    The information collection requirements in this rule have been 
submitted for approval to the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The 
information collection requirements are not enforceable until OMB 
approves them.
    The Information Collection Request (ICR) document prepared by EPA 
has been assigned EPA ICR number 2436.02. This action may impose only 
minimal reporting burden on facilities since the data elements 
finalized on the Tier I and Tier II inventory forms are readily 
available to the facility. The data elements finalized in this action 
are general information regarding the location of the facility and 
contact information for certain personnel, such as emergency contact, 
person responsible for the information reported on the Tier I and Tier 
II inventory forms, etc. State and local agencies requested that EPA 
add the new data elements since the additional information would be 
useful to develop or modify their emergency response plans. New data 
elements, such as the facility emergency coordinator needs to be 
updated annually for LEPCs to coordinate emergency plans for the 
community. Although facilities are required to notify LEPCs of any 
changes under EPCRA section 303 (d)(2), such as personnel changes for 
facility emergency coordinator, emergency contacts, etc, LEPCs informed 
EPA that some facilities overlook this reporting requirement.
    As suggested by few members of the regulated community, some of the 
data elements added to the Tier I and Tier II inventory forms are 
listed as optional data elements. The burden imposed for reporting the 
new data elements will only occur in the first year that the rule 
becomes effective. In subsequent years, only changes at the facility 
need to be updated.
    EPA also revised some data elements in the chemical reporting 
section of the Tier II inventory form as requested by state and local 
officials, as well as a few small entities to make reporting easier for 
facilities and make the form more user-friendly for state and local 
officials.
    The Office of Management and Budget (OMB) has previously approved 
the information collection requirements contained in regulations at 40 
CFR part 370, which includes information requirements for the Tier I 
and Tier II inventory forms, under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. and has assigned OMB control number 2050-0072. EPA 
ICR number 1352.11. The OMB control numbers for EPA's regulations in 40 
CFR are listed in 40 CFR part 9. Burden is defined at 5 CFR 1320.3(b).
    EPA estimates that there are 390,000 facilities that may be subject 
to reporting the new data elements finalized in this action. EPA 
estimates the same unit burden for small, medium

[[Page 41312]]

and large facilities since the time required to report the new data 
elements that EPA is finalizing will be the same for all facilities.
    All states require facilities to submit the federal Tier II 
inventory form or the state developed reporting form or format 
equivalent to the Tier II inventory form instead of the Tier I 
inventory form. The new data elements that the Agency is finalizing are 
readily available to facilities. Thus, EPA estimates that it will take 
approximately 15 minutes (0.25 hours) for technical staff at each 
facility to record the new data elements on the Tier II inventory form. 
Total burden for manufacturers to report the new data elements on the 
Tier II inventory form is estimated to be 30,000 hours, while the total 
burden for non-manufacturers to report the new data elements on the 
Tier II inventory form is estimated to be 67,500 hours. The new data 
elements that EPA is finalizing may not change yearly for any 
facilities. Approximately 40 states require facilities to submit their 
inventory form electronically. For these facilities, any changes that 
may occur for any of the new data elements can be revised with little 
or no burden. Therefore, the burden associated with this ICR is not 
expected to incur after the initial reporting year. However, since the 
new data elements required on the Tier II inventory form are crucial 
for effective emergency planning and response, EPA assumes that 
facilities would take 15 minutes (0.25 hours) to review and update the 
information annually, if necessary.
    EPA also estimates that facilities would take approximately 45 
minutes (0.75 hours) to get familiar with the new reporting 
requirements on the Tier II inventory form. The total one-time burden 
for manufacturers to get familiar with the changes on the Tier II 
inventory form is estimated to be 90,000 hours and for non-
manufacturers, the total one-time burden is estimated to be 202,500 
hours. The Agency does not expect this burden to extend beyond the 
first effective date of the rule.
    As of reporting year 2010, approximately 20 states have their own 
electronic reporting tool for submitting the hazardous chemical 
inventory. Based on the federal cost and hours to make changes to the 
Tier2 Submit, EPA estimates that each state would spend approximately 
200 hours to add new data elements and revise the existing data 
elements to their existing software at a cost of $50,000. The costs 
include initial analysis, design, programming, alpha and beta testing, 
and field deployment. Data management burden for State and local 
agencies is not estimated in this ICR since the new data elements will 
be part of the inventory form that these entities currently receive 
annually.
    The total one-time burden for facilities for rule familiarization 
is 292,500 hours at a cost of $15,456,375. The annual burden for 
facilities to report new data elements and for making revisions in 
subsequent years is estimated to be 97,500 hours at a cost of 
$5,152,125. The total burden for the 20 states that need to modify 
their reporting software is 4,000 hours at a cost of $1,000,000.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9. When this ICR is approved by 
OMB, the Agency will publish a technical amendment to 40 CFR part 9 in 
the Federal Register to display the OMB control number for the approved 
information collection requirements contained in this final rule.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's final rule on 
small entities, a small entity is defined as: (1) A small business as 
defined by the Small Business Administration's (SBA) regulations at 13 
CFR 121.201; (2) a small governmental jurisdiction that is a government 
of a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of today's final rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. In 
determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the rule on small entities'' 5 U.S.C. 603 and 604. 
Thus, an agency may certify that a rule will not have a significant 
economic impact on a substantial number of small entities if the rule 
relieves regulatory burden, or otherwise has a positive economic effect 
on all of the small entities subject to the rule.
    The additional data elements on the Tier I and Tier II inventory 
forms that we are finalizing in this action have been requested by 
State and local agencies in an effort to develop or modify their 
community emergency response plans. Although some small entities may be 
affected by this final action, the new data elements required will be 
reported only in the first year that the rule becomes effective. In 
subsequent years, only changes would need to be updated. The data 
elements we are revising in the chemical reporting section of the Tier 
II inventory form would make the forms more user-friendly, and thus, 
will make reporting easier for facilities, especially small businesses 
and will also make the forms more user-friendly for state and local 
officials.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1532-1538 for State, local, or tribal governments or the private 
sector. This action does not impose any new requirements on State, 
local or tribal governments. The data elements that we are finalizing 
in this action would be helpful, to State, local and tribal governments 
to develop or modify their community emergency response plans. In 
addition, the data elements revised in the chemical reporting section 
of the Tier II inventory form would make the form more user-friendly. 
State and local agencies requested EPA to add most of the data elements 
that EPA is finalizing in this action. Therefore, this action is not 
subject to the requirements of sections 202 or 205 of the UMRA.
    This action is also not subject to the requirements of section 203 
of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the

[[Page 41313]]

distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132. The data elements 
that we are finalizing in this action would be helpful to State, local 
and tribal governments to develop or modify their community emergency 
response plans. In addition, the data elements revised in the chemical 
reporting section of the Tier II inventory form would make the form 
more user-friendly. State and local agencies requested that EPA add 
most of the data elements that EPA is finalizing in this action.
    This rule does not impose any requirements on state or local 
governments. Thus, Executive Order 13132 does not apply to this action.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, (65 FR 67249, November 9, 2000). The data 
elements that we are finalizing on the Tier I and Tier II inventory 
forms would be helpful for tribal governments to develop or modify 
their community emergency response plans. In addition, the data 
elements revised on the Tier II form would make the form more user-
friendly. This action also does not impose any new requirements on 
tribal governments. Thus, Executive Order 13175 does not apply to this 
action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it is not economically significant as defined 
in Executive Order 12866 and because the Agency does not believe the 
environmental health or safety risks addressed by this action present a 
disproportionate risk to children. The additional information that we 
are requiring on the Tier I and Tier II inventory forms will be useful 
to State and local officials to assist them in preparing the community 
in an emergency situation.

H. Executive Order 13211: Energy Effects

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001), because it is not a significant action under Executive 
Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless doing so would be inconsistent with applicable law or 
would otherwise be impractical. Voluntary consensus standards are 
technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. NTTAA directs EPA to 
provide Congress, through OMB, explanations of when the Agency decides 
not to use available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA 
did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (February 16, 1994)) 
establishes Federal executive policy on environmental justice. Its main 
provision directs federal agencies, to the greatest extent practicable 
and permitted by law, to make environmental justice part of their 
mission by identifying and addressing, as appropriate, 
disproportionately high and adverse human health or environmental 
effects of their programs, policies, and activities on minority 
populations and low-income populations in the United States.
    EPA has determined that this final rule does not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. The additional information that we are requiring on the 
Tier I and Tier II inventory forms will be useful to State and local 
officials to assist them in preparing the community in an emergency 
situation.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A Major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects in 40 CFR Part 370

    Emergency and hazardous chemical inventory forms, Emergency 
Planning and Community Right-to-Know Act (EPCRA), Hazardous chemicals, 
Hazardous substances, Intergovernmental relations, Reporting 
requirements, Superfund, Tier I and Tier II inventory forms.


    Dated: July 3, 2012.
Lisa P. Jackson,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 370--HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW

0
1. The authority citation for part 370 continues to read as follows:

    Authority: 42 U.S.C. 11021 and 11022.


0
2. Section 370.41 is revised to read as follows:


Sec.  370.41  What is Tier I inventory information?

    Tier I information provides State and local officials and the 
public with information on the general types and locations of hazardous 
chemicals present at your facility during the previous calendar year. 
The Tier I information is the minimum information that you must provide 
to be in compliance with the inventory reporting requirements of this 
part. If you are reporting Tier I information, you must report 
aggregate information on hazardous chemicals by hazard categories. 
There are two health hazard categories and three physical hazard 
categories for purposes of reporting under this part. These five hazard 
categories are defined in 40 CFR 370.66. Tier I inventory form includes 
the following data elements:
    (a) Certification. The owner or operator or the officially 
designated representative of the owner or operator must certify that 
all information included in the Tier I submission is true, accurate, 
and complete as follows: ``I certify under penalty of law that I have 
personally examined and am familiar with the information and that based 
on my inquiry of those individuals responsible for obtaining

[[Page 41314]]

the information, I believe that the submitted information is true, 
accurate, and complete.'' This certification shall be accompanied by 
your full name, official title, signature, date signed, and total 
number of pages in the submission including all attachments. All other 
pages must also contain your signature or signature stamp, the date you 
signed the certification, and the total number of pages in the 
submission.

    Note to paragraph (a): Some states require electronic reporting 
(on-line or via diskettes) and electronic certification. Contact 
your state for the specific requirements in that state.

    (b) The calendar year for the reporting period.
    (c) An indication whether the information being reported on page 
one of the form is identical to that submitted last year.
    (d) The complete name and address of the location of your facility 
(include the full street address or state road, city, county, State and 
zip code), latitude and longitude.
    (e) An indication if the location of your facility is manned or 
unmanned.
    (f) An estimate of the maximum number of occupants present at any 
one time. If the location of your facility is unmanned, check the box 
marked N/A, not applicable.
    (g) The phone number of your facility (optional).
    (h) The North American Industry Classification System (NAICS) code 
for your facility.
    (i) The Dun & Bradstreet number of your facility.
    (j) Facility identification numbers assigned under the Toxic 
Release Inventory (TRI) and Risk Management Program. If your facility 
has not been assigned an identification number under these programs or 
if your facility is not subject to reporting under these programs, 
check the box marked N/A, not applicable.
    (k) An indication whether your facility is subject to the emergency 
planning notification requirement under EPCRA section 302, codified in 
40 CFR part 355.
    (l) An indication whether your facility is subject to the chemical 
accident prevention requirements under Section 112(r) of the Clean Air 
Act, codified in 40 CFR part 68, also known as the Risk Management 
Program.
    (m) The name, mailing address, phone number and email address of 
the owner or operator of the facility.
    (n) The name, mailing address, phone number, Dun & Bradstreet 
number and email address of the facility's parent company. These are 
optional data elements.
    (o) The name, title, phone number, 24-hour phone number, and email 
address of the facility emergency coordinator, if applicable.

    Note to paragraph (o): EPCRA Section 303(d)(1) requires 
facilities subject to the emergency planning notification 
requirement under EPCRA section 302 (including additional facilities 
designated by the Governor or the SERC under EPCRA section 
302(b)(2)) to designate a facility representative who will 
participate in the local emergency planning process as a facility 
emergency coordinator. EPA encourages facilities not subject to the 
emergency planning notification requirement also to provide this 
information, if available, for effective emergency planning in your 
community.

    (p) The name, title, phone number, and email address of the person 
to contact for the information contained in the Tier I form.
    (q) The name, title, phone number and email address of at least one 
local individual that can act as a referral if emergency responders 
need assistance in responding to a chemical accident at your facility. 
You must also provide an emergency phone number which will be available 
24 hours a day, every day.
    (r) An indication whether the information being reported on page 
two of the form is identical to that submitted last year.
    (s) An estimate (in ranges) of the maximum amount of hazardous 
chemicals in each hazard category present at your facility at any time 
during the preceding calendar year. You must use codes that correspond 
to different ranges. The range codes are provided in Sec.  370.43.
    (t) An estimate (in ranges) of the average daily amount of 
hazardous chemicals in each hazard category present at your facility 
during the preceding calendar year. You must use codes that correspond 
to different ranges. The range codes are provided in Sec.  370.43.
    (u) The maximum number of days that any single hazardous chemical 
within each hazard category was present at your facility during the 
reporting period.
    (v) The general location of hazardous chemicals in each hazard 
category within your facility. General locations should include the 
names or identification of buildings, tank fields, lots, sheds or other 
such areas. You may also attach one or more of the following with your 
Tier I inventory form:
    (1) A site plan with site indicated for buildings, lots, areas, 
etc. throughout your facility.
    (2) A list of site coordinate abbreviations that correspond to 
buildings, lots, areas, etc., throughout your facility.
    (3) A description of dikes and other safeguard measures for storage 
locations throughout your facility.
    (w) An indication whether you are including any attachments 
(optional).

0
3. Section 370.42 is revised to read as follows:


Sec.  370.42  What is Tier II inventory information?

    Tier II information provides State and local officials and the 
public with specific information on the amounts and locations of 
hazardous chemicals present at your facility during the previous 
calendar year. Some states may require you to use a state reporting 
format including electronic reporting and certification for submitting 
your hazardous chemical inventory. Contact your state for the specific 
requirements in that state. Tier II inventory form includes the 
following data elements:
    (a) Certification. The owner or operator or the officially 
designated representative of the owner or operator must certify that 
all information included in the Tier II submission is true, accurate, 
and complete as follows: ``I certify under penalty of law that I have 
personally examined and am familiar with the information and that based 
on my inquiry of those individuals responsible for obtaining the 
information, I believe that the submitted information is true, 
accurate, and complete.'' This certification must be accompanied by 
your full name, official title, signature, date signed, and total 
number of pages in the submission including all Confidential and Non-
Confidential Information Sheets and all attachments. All other pages 
must also contain your signature or signature stamp, the date you 
signed the certification, and the total number of pages in the 
submission.

    Note to paragraph (a): Some states require electronic reporting 
(on-line or via diskettes) and electronic certification. Contact 
your state for the specific requirements in that state.

    (b) The calendar year of the reporting period.
    (c) An indication whether the information being reported on page 
one of the form is identical to that submitted last year.
    (d) The complete name and address of the location of your facility 
(include the full street address or state road, city, county, State and 
zip code), latitude and longitude.
    (e) An indication if the location of your facility is manned or 
unmanned.
    (f) An estimate of the maximum number of occupants present at any 
one

[[Page 41315]]

time. If the location of your facility is unmanned, check the box 
marked N/A, not applicable.
    (g) The phone number of your facility (optional).
    (h) The North American Industry Classification System (NAICS) code 
for your facility.
    (i) The Dun & Bradstreet number of your facility.
    (j) Facility identification numbers assigned under the Toxic 
Release Inventory (TRI) and Risk Management Program. If your facility 
has not been assigned an identification number under these programs or 
if your facility is not subject to reporting under these programs, 
check the box marked N/A, not applicable.
    (k) An indication if your facility is subject to the emergency 
planning notification requirement under section 302 of EPCRA, codified 
in 40 CFR part 355.
    (l) An indication whether your facility is subject to the chemical 
accident prevention requirements under section 112(r) of the Clean Air 
Act (CAA), codified in 40 CFR part 68, Chemical Accident Prevention 
Provisions, also known as the Risk Management Program.
    (m) The name, mailing address, phone number and email address of 
the owner or operator of the facility.
    (n) The name, mailing address, phone number, Dun & Bradstreet 
number and email address of the facility's parent company. These are 
optional data elements.
    (o) The name, title, phone number, 24-hour phone number and email 
address of the facility emergency coordinator, if applicable.

    Note to paragraph (o): Section 303(d)(1) of EPCRA requires 
facilities subject to the emergency planning notification 
requirement (including additional facilities designated by the 
Governor or the SERC under EPCRA section 302(b)(2)) to designate a 
facility representative who will participate in the local emergency 
planning process as a facility emergency coordinator. EPA encourages 
facilities not subject to the emergency planning notification 
requirement also to provide this information, if available, for 
effective emergency planning in your community.

    (p) The name, title, phone number and email address of the person 
to contact regarding information contained in the Tier II form.
    (q) The name, title, phone number and email address of at least one 
local individual that can act as a referral if emergency responders 
need assistance in responding to a chemical accident at your facility. 
You must also provide an emergency phone number which will be available 
24 hours a day, every day.
    (r) An indication whether the information being reported on page 
two of the form is identical to that submitted last year.
    (s) For each hazardous chemical that you are required to report, 
you must:
    (1) Pure Chemical: Provide the chemical name (or the common name of 
the chemical) as provided on the Material Safety Data Sheet (MSDS) and 
provide the Chemical Abstract Service (CAS) registry number of the 
chemical provided on the MSDS.

    Note to paragraph (s)(1): If you are withholding the name in 
accordance with trade secret criteria, you must provide the generic 
class or category that is structurally descriptive of the chemical 
and indicate that the name is withheld because of trade secrecy. 
Trade secret criteria are addressed in Sec.  370.64(a).

    (2) Indicate whether the chemical is a solid, liquid, or gas; and 
whether the chemical is an EHS.
    (3) Mixture: If you are reporting a mixture, enter the mixture 
name, product name or trade name as provided on the Material Safety 
Data Sheet (MSDS) and provide the Chemical Abstract Service (CAS) 
registry number of the mixture provided on the MSDS. If there is no CAS 
number provided or it is not known, check the box ``Not Available.''
    (4) If the mixture you are reporting contains EHS(s), provide the 
name(s) of each EHS in the mixture. As provided in Sec.  370.14(a), you 
also have an option to report the non-EHS hazardous components in the 
mixture.
    (5) Pure Chemical or Mixture: Indicate which hazard categories 
apply to the chemical or the mixture. The five hazard categories are 
defined in Sec.  370.66.
    (6) Provide an estimate (in ranges) of the maximum amount of the 
hazardous chemical present at your facility on any single day during 
the preceding calendar year. If you are reporting a mixture, provide an 
estimate of the total amount of the mixture present at your facility on 
any single day during the preceding calendar year. If the mixture 
contains any EHS, provide the total amount of each EHS in that mixture. 
You must use the codes that correspond to different ranges. The amounts 
and associated range codes are in Sec.  370.43.
    (7) Provide an estimate (in ranges) of the average daily amount of 
the hazardous chemical present at your facility during the preceding 
calendar year. If you are reporting a mixture, provide an estimate of 
the average daily amount of the mixture. You must use the codes that 
correspond to different ranges. The amounts and associated range codes 
are in Sec.  370.43.
    (8) Provide the maximum number of days that the hazardous chemical 
or mixture was present at your facility during the preceding calendar 
year.
    (9) Provide the type of storage for the hazardous chemical or the 
mixture containing the hazardous chemical at your facility. Examples 
for types of storage: Above-ground tank, plastic or non-metallic drum, 
steel drum, cylinder, rail car, etc.
    (10) Provide the storage conditions for the hazardous chemical or 
the mixture containing the hazardous chemical at your facility. 
Examples for types of storage conditions: Ambient pressure, ambient 
temperature, less than ambient temperature/pressure, cryogenic 
conditions, etc.

    Note to paragraphs (s)(9) and (10): Your SERC or LEPC may have 
specific instructions for reporting types of storage and/or storage 
conditions.

    (11) Provide a brief description of the precise location(s) of the 
hazardous chemical(s) or the mixture(s) at your facility. You may also 
attach one of the following with your Tier II inventory form:
    (i) A site plan with site coordinates indicated for buildings, 
lots, areas, etc. throughout your facility.
    (ii) A list of site coordinate abbreviations that correspond to 
buildings, lots, areas, etc., throughout your facility.
    (iii) A description of dikes and other safeguard measures for 
storage locations throughout your facility.
    (12) Under EPCRA section 324, you may choose to withhold from 
disclosure to the public the location information for a specific 
chemical. If you choose to withhold the location information from 
disclosure to the public, you must clearly indicate that the 
information is ``confidential.'' You must provide the confidential 
location information on a separate sheet from the other Tier II 
information (which will be disclosed to the public), and attach the 
Confidential Location Information Sheet to the other Tier II 
information. Indicate any attachments you are including.
    (13) You may provide additional reporting. For example, if your 
State or local agencies require you to provide inventory information on 
additional chemicals or if you wish to report any hazardous chemical 
below the reporting thresholds specified in Sec.  370.10, check the 
appropriate box.
    (t) An indication whether you are including any attachments 
(optional).

0
4. Section 370.43 is revised to read as follows:

[[Page 41316]]

Sec.  370.43  What codes are used to report Tier I and Tier II 
inventory information?

    (a) Weight range codes. Except as provided in paragraph (b) of this 
section, you must use the following codes to report the maximum amount 
and average daily amount when reporting Tier I or Tier II inventory 
information:

------------------------------------------------------------------------
                                                Weight range in pounds
                 Range codes                 ---------------------------
                                                  From           To
------------------------------------------------------------------------
01..........................................             0            99
02..........................................           100           499
03..........................................           500           999
04..........................................         1,000         4,999
05..........................................         5,000         9,999
06..........................................        10,000        24,999
07..........................................        25,000        49,999
08..........................................        50,000        74,999
09..........................................        75,000        99,999
10..........................................       100,000       499,999
11..........................................       500,000       999,999
12..........................................     1,000,000     9,999,999
13..........................................    10,000,000           (*)
------------------------------------------------------------------------
* Greater than 10 million


    Note to paragraph (a): To convert gas or liquid volume to weight 
in pounds, multiply by an appropriate density factor.

    (b) Your SERC or LEPC may provide other range codes for reporting 
maximum amount and average daily amount, or may require reporting of 
specific amounts. You may use your SERC's or LEPC's range codes (or 
specific amounts) provided the ranges are not broader than the ranges 
in paragraph (a) of this section.

[FR Doc. 2012-16951 Filed 7-12-12; 8:45 am]
BILLING CODE 6560-50-P