[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: 40CFR372.3]

[Page 452-455]
 
                   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 A--General Provisions
 
Sec. 372.3  Definitions.

    Terms defined in sections 313(b)(1)(c) and 329 of Title III and not 
explicitly defined herein are used with the meaning given in Title III. 
For the purpose of this part:
    Acts means Title III.
    Article means a manufactured item: (1) Which is formed to a specific 
shape or design during manufacture; (2) which has end use functions 
dependent in whole or in part upon its shape or design during end use; 
and (3) which does not release a toxic chemical under normal conditions 
of processing or use of that item at the facility or establishments.
    Beneficiation means the preparation of ores to regulate the size 
(including crushing and grinding) of the product, to remove unwanted 
constituents, or to improve the quality, purity, or grade of a desired 
product.
    Boiler means an enclosed device using controlled flame combustion 
and having the following characteristics:
    (1)(i) The unit must have physical provisions for recovering and 
exporting thermal energy in the form of steam, heated fluids, or heated 
gases; and
    (ii) The unit's combustion chamber and primary energy recovery 
sections(s) must be of integral design. To be of integral design, the 
combustion

[[Page 453]]

chamber and the primary energy recovery section(s) (such as waterwalls 
and superheaters) must be physically formed into one manufactured or 
assembled unit. A unit in which the combustion chamber and the primary 
energy recovery section(s) are joined only by ducts or connections 
carrying flue gas is not integrally designed; however, secondary energy 
recovery equipment (such as economizers or air preheaters) need not be 
physically formed into the same unit as the combustion chamber and the 
primary energy recovery section. The following units are not precluded 
from being boilers solely because they are not of integral design: 
process heaters (units that transfer energy directly to a process 
stream), and fluidized bed combustion units; and
    (iii) While in operation, the unit must maintain a thermal energy 
recovery efficiency of at least 60 percent, calculated in terms of the 
recovered energy compared with the thermal value of the fuel; and
    (iv) The unit must export and utilize at least 75 percent of the 
recovered energy, calculated on an annual basis. In this calculation, no 
credit shall be given for recovered heat used internally in the same 
unit. (Examples of internal use are the preheating of fuel or combustion 
air, and the driving of induced or forced draft fans or feedwater 
pumps); or
    (2) The unit is one which the Regional Administrator has determined, 
on a case-by-case basis, to be a boiler, after considering the standards 
in Sec. 260.32 of this chapter.
    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.
    Coal extraction means the physical removal or exposure of ore, coal, 
minerals, waste rock, or overburden prior to beneficiation, and 
encompasses all extraction-related activities prior to beneficiation. 
Extraction does not include beneficiation (including coal preparation), 
mineral processing, in situ leaching or any further activities.
    Customs territory of the United States means the 50 States, the 
District of Columbia, and Puerto Rico.
    Disposal means any underground injection, placement in landfills/
surface impoundments, land treatment, or other intentional land 
disposal.
    EPA means the United States Environmental Protection Agency.
    Establishment means an economic unit, generally at a single physical 
location, where business is conducted or where services or industrial 
operations are performed.
    Facility means 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). A facility may contain more than one establishment.
    Full-time employee means 2,000 hours per year of full-time 
equivalent employment. A facility would calculate the number of full-
time employees by totaling the hours worked during the calendar year by 
all employees, including contract employees, and dividing that total by 
2,000 hours.
    Import means to cause a chemical to be imported into the customs 
territory of the United States. For purposes of this definition, to 
cause means to intend that the chemical be imported and to control the 
identity of the imported chemical and the amount to be imported.
    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.

[[Page 454]]

    Industrial furnace means any of the following enclosed devices that 
are integral components of manufacturing processes and that use thermal 
treatment to accomplish recovery of materials or energy:
    (1) Cement kilns.
    (2) Lime kilns.
    (3) Aggregate kilns.
    (4) Phosphate kilns.
    (5) Coke ovens.
    (6) Blast furnaces.
    (7) Smelting, melting and refining furnaces (including 
pyrometallurgical devices such as cupolas, reverberator furnaces, 
sintering machine, roasters, and foundry furnaces).
    (8) Titanium dioxide chloride process oxidation reactors.
    (9) Methane reforming furnaces.
    (10) Pulping liquor recovery furnaces.
    (11) Combustion devices used in the recovery of sulfur values from 
spent sulfuric acid.
    (12) Halogen acid furnaces (HAFs) for the production of acid from 
halogenated hazardous waste generated by chemical production facilities 
where the furnace is located on the site of a chemical production 
facility, the acid product has a halogen acid content of at least 3%, 
the acid product is used in a manufacturing process, and, except for 
hazardous waste burned as fuel, hazardous waste fed to the furnace has a 
minimum halogen content of 20% as-generated.
    (13) Such other devices as the Administrator may, after notice and 
comment, add to this list on the basis of one or more of the following 
factors:
    (i) The design and use of the device primarily to accomplish 
recovery of material products;
    (ii) The use of the device to burn or reduce raw materials to make a 
material product;
    (iii) The use of the device to burn or reduce secondary materials as 
effective substitutes for raw materials, in processes using raw 
materials as principal feedstocks;
    (iv) The use of the device to burn or reduce secondary materials as 
ingredients in an industrial process to make a material product;
    (v) The use of the device in common industrial practice to produce a 
material product; and
    (vi) Other factors, as appropriate.
    Manufacture means to produce, prepare, import, or compound a toxic 
chemical. Manufacture also applies to a toxic chemical that is produced 
coincidentally during the manufacture, processing, use, or disposal of 
another chemical or mixture of chemicals, including a toxic chemical 
that is separated from that other chemical or mixture of chemicals as a 
byproduct, and a toxic chemical that remains in that other chemical or 
mixture of chemicals as an impurity.
    Mixture means any combination of two or more chemicals, if the 
combination is not, in whole or in part, the result of a chemical 
reaction. However, if the combination was produced by a chemical 
reaction but could have been produced without a chemical reaction, it is 
also treated as a mixture. A mixture also includes any combination which 
consists of a chemical and associated impurities.
    Otherwise use means any use of a toxic chemical, including a toxic 
chemical contained in a mixture or other trade name product or waste, 
that is not covered by the terms ``manufacture'' or ``process.'' 
Otherwise use of a toxic chemical does not include disposal, 
stabilization (without subsequent distribution in commerce), or 
treatment for destruction unless:
    (1) The toxic chemical that was disposed, stabilized, or treated for 
destruction was received from off-site for the purposes of futher waste 
management; or
    (2) The toxic chemical that was disposed, stabilized, or treated for 
destruction was manufactured as a result of waste management activities 
on materials received from off-site for the purposes of further waste 
management activities. Relabeling or redistributing of the toxic 
chemical where no repackaging of the toxic chemical occurs does not 
constitute otherwise use or processing of the toxic chemical.
    Overburden means the unconsolidated material that overlies a deposit 
of useful materials or ores. It does not include any portion of ore or 
waste rock.
    Process means the preparation of a toxic chemical, after its 
manufacture, for distribution in commerce:

[[Page 455]]

    (1) In the same form or physical state as, or in a different form or 
physical state from, that in which it was received by the person so 
preparing such substance, or
    (2) As part of an article containing the toxic chemical. Process 
also applies to the processing of a toxic chemical contained in a 
mixture or trade name product.
    RCRA approved test method includes Test Method 9095 (Paint Filter 
Liquids Test) in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication No. SW-846, Third Edition, September 
1986, as amended by Update I, November 15, 1992.
    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 toxic 
chemical.
    Senior management official means an official with management 
responsibility for the person or persons completing the report, or the 
manager of environmental programs for the facility or establishments, or 
for the corporation owning or operating the facility or establishments 
responsible for certifying similar reports under other environmental 
regulatory requirements.
    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 Commonwealth of the Northern Mariana 
Islands, and any other territory or possession over which the United 
States has jurisdiction and Indian Country.
    Title III means Title III of the Superfund Amendments and 
Reauthorization Act of 1986, also titled the Emergency Planning and 
Community Right-To-Know Act of 1986.
    Toxic chemical means a chemical or chemical category listed in 
Sec. 372.65.
    Trade name product means a chemical or mixture of chemicals that is 
distributed to other persons and that incorporates a toxic chemical 
component that is not identified by the applicable chemical name or 
Chemical Abstracts Service Registry number listed in Sec. 372.65.
    Treatment for destruction means the destruction of a toxic chemical 
in waste such that the substance is no longer the toxic chemical subject 
to reporting under EPCRA section 313. Treatment for destruction does not 
include the destruction of a toxic chemical in waste where the toxic 
chemical has a heat value greater than 5,000 British thermal units and 
is combusted in any device that is an industrial furnace or boiler.
    Waste stabilization means any physical or chemical process used to 
either reduce the mobility of hazardous constitutents in a hazardous 
waste or eliminate free liquid as determined by a RCRA approved test 
method for evaluating solid waste as defined in this section. A waste 
stabilization process includes mixing the hazardous waste with binders 
or other materials, and curing the resulting hazardous waste and binder 
mixture. Other synonymous terms used to refer to this process are 
``stabilization,'' ``waste fixation,'' or ``waste solidification.''

[53 FR 4525, Feb. 16, 1988, as amended at 55 FR 30656, July 26, 1990; 62 
FR 23891, May 1, 1997]