[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR370.2]

[Page 442-444]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 370_HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW--Table 
of Contents
 
                      Subpart A_General Provisions
 
Sec.  370.2  Definitions.

    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 
that exists among and between water, air, and land and all living 
things.
    Extremely hazardous substance means a substance listed in the 
appendices to

[[Page 443]]

40 CFR part 355, Emergency Planning and Notification.
    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 as well as 
all natural 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.
    Hazard category means any of the following:
    (1) Immediate (acute) health hazard, including highly toxic, toxic, 
irritant, sensitizer, corrosive, (as defined under Sec.  1910.1200 of 
Title 29 of the Code of Federal Regulations) and other hazardous 
chemicals that cause an adverse effect to a target organ and which 
effect usually occurs rapidly as a result of short term exposure and is 
of short duration;
    (2) Delayed (chronic) health hazard, including carcinogens (as 
defined under Sec.  1910.1200 of Title 29 of the Code of Federal 
Regulations) and other hazardous chemicals that cause an adverse effect 
to a target organ and which effect generally occurs as a result of long 
term exposure and is of long duration;
    (3) Fire hazard, including flammable, combustible liquid, 
pyrophoric, and oxidizer (as defined under Sec.  1910.1200 of Title 29 
of the Code of Federal Regulations);
    (4) Sudden release of pressure, including explosive and compressed 
gas (as defined under Sec.  1910.1200 of Title 29 of the Code of Federal 
Regulations); and
    (5) Reactive, including unstable reactive, organic peroxide, and 
water reactive (as defined under Sec.  1910.1200 of Title 29 of the Code 
of Federal Regulations).
    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 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 border 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.
    Inventory form means the Tier I and Tier II emergency and hazardous 
chemical inventory forms set forth in subpart D of this part.
    Material Safety Data Sheet or MSDS means the sheet required to be 
developed under Sec.  1910.1200(g) of Title 29 of the Code of Federal 
Regulations.
    Person means any individual, trust, firm, joint stock company, 
corporation (including a government corporation), partnership, 
association, State, municipality, commission, political subdivision of 
State, or interstate body.

[[Page 444]]

    Present in the same form and concentration as a product packaged for 
distribution and use by the general public means a substance packaged in 
a similar manner and present in the same concentration as the substance 
when packaged for use by the general public, whether or not it is 
intended for distribution to the general public or used for the same 
purpose as when it is packaged for use by the general public.
    State means any State of United States, the District of Columbia, 
the Commonwealth of Puerto Rico, Guam, American Samoa, the United States 
Virgin Islands, the Northern Mariana Islands, and any other territory or 
possession over which the United States has jurisdiction and Indian 
Country.
    TPQ means the threshold planning quantity for an extremely hazardous 
substance as defined in 40 CFR part 355.

[52 FR 38364, Oct. 15, 1987, as amended at 55 FR 30645, July 26, 1990]