[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: 40CFR372.85]

[Page 485-487]
 
                   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 E--Forms and Instructions
 
Sec. 372.85  Toxic chemical release reporting form and instructions.


    (a) Availability of reporting form and instructions. The most 
current version of EPA Form R (EPA Form 9350-1 and subsequent revisions) 
and the instructions for completing this form may be obtained by writing 
to the Section 313 Document Distribution Center, P.O. Box 12505, 
Cincinnati, OH 45212. EPA also encourages facilities subject to this 
part to submit the required information to EPA by using magnetic media 
(computer disk or tape) in lieu of Form R. Instructions for submitting 
and using magnetic media may also be obtained from the address given in 
this paragraph.
    (b) Form elements. Information elements reportable on EPA Form R or 
equivalent magnetic media format include the following:
    (1) An indication of whether the report:
    (i) Claims chemical identity as trade secret.
    (ii) Covers the entire facility or part of a facility.
    (2) Signature of a senior management official certifying the 
following: ``I hereby certify that I have reviewed the attached 
documents and, to the best of

[[Page 486]]

my knowledge and belief, the submitted information is true and complete 
and that amounts and values in this report are accurate based upon 
reasonable estimates using data available to the preparer of the 
report.''
    (3) Facility name and address including the toxic chemical release 
inventory facility identification number if known.
    (4) Name and telephone number for both a technical contact and a 
public contact.
    (5) The four-digit SIC code(s) for the facility or establishments in 
the facility.
    (6) Latitude and longitude coordinates for the facility.
    (7) The following facility identifiers:
    (i) Dun and Bradstreet identification number.
    (ii) EPA identification number (RCRA I.D. Number).
    (iii) NPDES permit number.
    (iv) Underground Injection Well Code (UIC) identification number.
    (8) The name(s) of receiving stream(s) or water body to which the 
chemical is released.
    (9) Name of the facility's parent company and its Dun and Bradstreet 
identification number.
    (10) Name and CAS number (if applicable) of the chemical reported.
    (11) If the chemical identity is claimed trade secret, a generic 
name for the chemical.
    (12) A mixture component identity if the chemical identity is not 
known.
    (13) An indication of the activities and uses of the chemical at the 
facility.
    (14) An indication of the maximum amount of the chemical on site at 
any point in time during the reporting year.
    (15) Information on releases of the chemical to the environment as 
follows:
    (i) An estimate of total releases in pounds (except for dioxin and 
dioxin-like compounds, which shall be reported in grams) per year 
(releases of less than 1,000 pounds per year may be indicated in ranges, 
except for chemicals set forth in Sec. 372.28) from the facility plus an 
indication of the basis of estimate for the following:
    (A) Fugitive or non-point air emissions.
    (B) Stack or point air emissions.
    (C) Discharges to receiving streams or water bodies including an 
indication of the percent of releases due to stormwater.
    (D) Underground injection on site.
    (E) Releases to land on site.
    (ii) Report a distribution of the chemicals included in the dioxin 
and dioxin-like compounds category. Such distribution shall either 
represent the distribution of the total quantity of dioxin and dioxin-
like compounds released to all media from the facility; or its one best 
media-specific distribution.
    (16) Information on transfers of the chemical in wastes to off-site 
locations as follows:
    (i) For transfers to Publicly Owned Treatment Works (POTW):
    (A) The name and address (including county) of each POTW to which 
the chemical is transferred.
    (B) An estimate of the amount of the chemical transferred in pounds 
(except for dioxin and dioxin-like compounds, which shall be reported in 
grams) per year (transfers of less than 1,000 pounds per year may be 
indicated as a range, except for chemicals set forth in Sec. 372.28) and 
an indication of the basis of the estimate.
    (ii) For transfers to other off-site locations:
    (A) The name, address (including county), and EPA identification 
number (RCRA I.D. Number) of each off-site location, including an 
indication of whether the location is owned or controlled by the 
reporting facility or its parent company.
    (B) An estimate of the amount of the chemical in waste transferred 
in pounds (except for dioxin and dioxin-like compounds, which shall be 
reported in grams) per year (transfers of less than 1,000 pounds may be 
indicated in ranges, except for chemicals set forth in Sec. 372.28) to 
each off-site location, and an indication of the basis for the estimate 
and an indication of the type of treatment or disposal used.
    (17) The following information relative to waste treatment:

[[Page 487]]

    (i) An indication of the general type of wastestream containing the 
reported chemical.
    (ii) The treatment method applied to the wastestream.
    (iii) An indication of the concentration of the chemical in the 
wastestream prior to treatment.
    (iv) An estimate in percent of the efficiency of the treatment plus 
an indication of whether the estimate is based upon operating data.
    (v) An indication (use is optional) of whether treatments listed are 
part of a treatment sequence.
    (18) Pollution prevention data (reporting is optional) which 
includes the type of pollution prevention modification, quantity of the 
chemical in the wastes prior to treatment and disposal (for both the 
current and prior reporting year), a production index, and the reason 
for the pollution prevention action. This optional reporting expires 
after the 1990 reporting year.

[56 FR 29186, June 26, 1991, as amended at 64 FR 58753, Oct. 29, 1999]