[Code of Federal Regulations]
[Title 40, Volume 12]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR68.120]

[Page 178-179]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 68--CHEMICAL ACCIDENT PREVENTION PROVISIONS--Table of Contents
 
    Subpart F--Regulated Substances for Accidental Release Prevention
 
Sec. 68.120  Petition process.

    (a) Any person may petition the Administrator to modify, by addition 
or deletion, the list of regulated substances identified in Sec. 68.130. 
Based on the information presented by the petitioner, the Administrator 
may grant or deny a petition.
    (b) A substance may be added to the list if, in the case of an 
accidental release, it is known to cause or may be reasonably 
anticipated to cause death, injury, or serious adverse effects to human 
health or the environment.
    (c) A substance may be deleted from the list if adequate data on the 
health and environmental effects of the substance are available to 
determine that the substance, in the case of an accidental release, is 
not known to cause and may not be reasonably anticipated to cause death, 
injury, or serious adverse effects to human health or the environment.
    (d) No substance for which a national primary ambient air quality 
standard has been established shall be added to the list. No substance 
regulated under title VI of the Clean Air Act, as amended, shall be 
added to the list.
    (e) The burden of proof is on the petitioner to demonstrate that the 
criteria for addition and deletion are met. A petition will be denied if 
this demonstration is not made.

[[Page 179]]

    (f) The Administrator will not accept additional petitions on the 
same substance following publication of a final notice of the decision 
to grant or deny a petition, unless new data becomes available that 
could significantly affect the basis for the decision.
    (g) Petitions to modify the list of regulated substances must 
contain the following:
    (1) Name and address of the petitioner and a brief description of 
the organization(s) that the petitioner represents, if applicable;
    (2) Name, address, and telephone number of a contact person for the 
petition;
    (3) Common chemical name(s), common synonym(s), Chemical Abstracts 
Service number, and chemical formula and structure;
    (4) Action requested (add or delete a substance);
    (5) Rationale supporting the petitioner's position; that is, how the 
substance meets the criteria for addition and deletion. A short summary 
of the rationale must be submitted along with a more detailed narrative; 
and
    (6) Supporting data; that is, the petition must include sufficient 
information to scientifically support the request to modify the list. 
Such information shall include:
    (i) A list of all support documents;
    (ii) Documentation of literature searches conducted, including, but 
not limited to, identification of the database(s) searched, the search 
strategy, dates covered, and printed results;
    (iii) Effects data (animal, human, and environmental test data) 
indicating the potential for death, injury, or serious adverse human and 
environmental impacts from acute exposure following an accidental 
release; printed copies of the data sources, in English, should be 
provided; and
    (iv) Exposure data or previous accident history data, indicating the 
potential for serious adverse human health or environmental effects from 
an accidental release. These data may include, but are not limited to, 
physical and chemical properties of the substance, such as vapor 
pressure; modeling results, including data and assumptions used and 
model documentation; and historical accident data, citing data sources.
    (h) Within 18 months of receipt of a petition, the Administrator 
shall publish in the Federal Register a notice either denying the 
petition or granting the petition and proposing a listing.