[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: 40CFR372.27]

[Page 458-459]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 372--TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW--Table 
of Contents
 
                    Subpart B--Reporting Requirements
 
Sec. 372.27  Alternate threshold and certification.

    (a) With respect to the manufacture, process, or otherwise use of a 
toxic chemical, the owner or operator of a facility may apply an 
alternate threshold of 1 million pounds per year to that chemical if the 
owner or operator calculates that the facility would have an annual 
reportable amount of that toxic chemical not exceeding 500 pounds for 
the combined total quantities released at the facility, disposed within 
the facility, treated at the facility (as represented by amounts 
destroyed or converted by treatment processes), recovered at the 
facility as a result of recycle operations, combusted for the purpose of 
energy recovery at the facility, and amounts transferred from the 
facility to off-site locations for the purpose of recycle, energy 
recovery, treatment, and/or disposal. These volumes correspond to the 
sum of amounts reportable for data elements on EPA Form R (EPA Form 
9350-1; Rev. 12/4/93) as Part II column B or sections 8.1 (quantity 
released), 8.2 (quantity used for energy recovery on-site), 8.3 
(quantity used for energy recovery off-site), 8.4 (quantity recycled on-
site), 8.5 (quantity recycled off-site), 8.6 (quantity treated on-site), 
and 8.7 (quantity treated off-site).
    (b) If an owner or operator of a facility determines that the owner 
or operator may apply the alternate reporting threshold specified in 
paragraph (a) of this section for a specific toxic chemical, the owner 
or operator is not required to submit a report for that chemical under 
Sec. 372.30, but must submit a certification statement that contains the 
information required in Sec. 372.95. The owner or operator of the 
facility must also keep records as specified in Sec. 372.10(d).
    (c) Threshold determination provisions of Sec. 372.25 and exemptions 
pertaining to threshold determinations in Sec. 372.38 are applicable to 
the determination of whether the alternate threshold has been met.
    (d) Each certification statement under this section for activities 
involving a toxic chemical that occurred during a calendar year at a 
facility must be submitted to EPA and to the State

[[Page 459]]

in which the facility is located on or before July 1 of the next year.
    (e) The provisions of this section do not apply to any chemicals 
listed in Sec. 372.28.

[59 FR 61502, Nov. 30, 1994, as amended at 64 FR 58750, Oct. 29, 1999]