[Code of Federal Regulations]
[Title 40 Volume 25]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR355.20]

[Page 418-419]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 355--EMERGENCY PLANNING AND NOTIFICATION--Table of Contents
 
Sec. 355.20  Definitions.

    Act means the Superfund Amendments and Reauthorization Act of 1986.
    CERCLA means the Comprehensive Environmental Response, Compensation 
and Liability Act of 1980, as amended.
    CERCLA Hazardous Substance means a substance on the list defined in 
section 101(14) of CERCLA.
    Note: Listed CERCLA hazardous substances appear in table 302.4 of 40 
CFR part 302.
    Chief Executive Officer of the tribe means the person who is 
recognized by the Bureau of Indian Affairs as the chief elected 
administrative officer of the tribe.
    Commission means the emergency response commission for the State in 
which the facility is located except where the facility is located in 
Indian Country, in which case, commission means the emergency response 
commission for the tribe under whose jurisdiction the facility is 
located. In absence of an emergency response commission, the Governor 
and the chief executive officer, respectively, shall be the commission. 
Where there is a cooperative agreement between a State and a Tribe, the 
commission shall be the entity identified in the agreement.
    Committee or Local emergency planning committee means the local 
emergency planning committee appointed by the emergency response 
commission.
    Environment includes water, air, and land and the interrelationship 
which exists among and between water, air, and land and all living 
things.
    Extremely hazardous substance means a substance listed in appendices 
A and B of this part.
    Facility means all buildings, equipment, structure, and other 
stationary items that 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). Facility shall include manmade structures in which 
chemicals are purposefully placed or removed through human means such 
that it functions as a containment structure for human use. For purposes 
of emergency release notification, the term includes motor vehicles, 
rolling stock, and aircraft.
    Hazardous chemical means any hazardous chemical as defined under 
Sec. 1910.1200(c) of Title 29 of the Code of Federal Regulations, except 
that such term does not include the following substances:
    (1) Any food, food additive, color additive, drug, or cosmetic 
regulated by the Food and Drug Administration.
    (2) Any substance present as a solid in any manufactured item to the 
extent exposure to the substance does not occur under normal conditions 
of use.
    (3) Any substance to the extent it is used for personal, family, or 
household

[[Page 419]]

purposes, or is present in the same form and concentration as a product 
packaged for distribution and use by the general public.
    (4) Any substance to the extent it is used in a research laboratory 
or a hospital or other medical facility under the direct supervision of 
a technically qualified individual.
    (5) Any substance to the extent it is used in routine agricultural 
operations or is a fertilizer held for sale by a retailer to the 
ultimate customer.
    Indian Country means Indian country as defined in 18 U.S.C. 1151. 
That section defines Indian country as:
    (a) All land within the limits of any Indian reservation under the 
jurisdiction of the United States government, notwithstanding the 
issuance of any patent, and including rights-of-way running through the 
reservation;
    (b) All dependent Indian communities within the borders of the 
United States whether within the original or subsequently acquired 
territory thereof, and whether within or without the limits of a State; 
and
    (c) All Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of-way running through the same.
    Indian tribe means those tribes federally recognized by the 
Secretary of the Interior.
    Mixture means a heterogenous association of substances where the 
various individual substances retain their identities and can usually be 
separated by mechanical means. Includes solutions or compounds but does 
not include alloys or amalgams.
    Person means any individual, trust, firm, joint stock company, 
corporation (including a government corporation), partnership, 
association, State, municipality, commission, political subdivision of a 
State, or interstate body.
    Release means any spilling, leaking, pumping, pouring, emitting, 
emptying, discharging, injecting, escaping, leaching, dumping, or 
disposing into the environment (including the abandonment or discarding 
of barrels, containers, and other closed receptacles) of any hazardous 
chemical, extremely hazardous substance, or CERCLA hazardous substance.
    Reportable quantity means, for any CERCLA hazardous substance, the 
reportable quantity established in table 302.4 of 40 CFR part 302, for 
such substance, for any other substance, the reportable quantity is one 
pound.
    State means any State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the 
United States Virgin Islands, the Northern Mariana Islands, any other 
territory or possession over which the United States has jurisdictions 
and Indian Country.
    Threshold planning quantity means, for a substance listed in 
appendices A and B, the quantity listed in the column ``threshold 
planning quantity'' for that substance.

[52 FR 13395, Apr. 22, 1987; 54 FR 38853, Sept. 21, 1989, as amended at 
55 FR 30645, July 26, 1990]