[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: 40CFR370.20]

[Page 444-445]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 370_HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW--Table 
of Contents
 
                    Subpart B_Reporting Requirements
 
Sec.  370.20  Applicability.


    (a) General. The requirements of this subpart apply to any facility 
that is required to prepare or have available a material safety data 
sheet (MSDS) for a hazardous chemical under the Occupational Safety and 
Health Act of 1970 and regulations promulgated under that Act.
    (b) Minimum threshold levels. Except as provided in paragraph (b)(5) 
of this section, the minimum threshold level for reporting under this 
subpart shall be as specified in paragraphs (b)(1), (b)(2), (b)(3) and 
(b)(4) of this section:
    (1) The minimum threshold for reporting for extremely hazardous 
substances is 500 pounds (or 227 kgs--approximately 55 gallons) or the 
TPQ, whichever is lower.
    (2) The minimum threshold for reporting for gasoline (all grades 
combined) that was in tank(s) entirely underground, at a retail gas 
station that was in compliance at all times during the preceding 
calendar year with all applicable Underground Storage Tank (UST) 
requirements (40 CFR part 280 or requirements of the state UST program 
approved by the Agency under 40 CFR part 281), is 75,000 gallons (or 
approximately 283,900 liters). For purposes of this part, retail gas 
station means a retail facility engaged in selling gasoline and/or 
diesel fuel principally to the public, for motor vehicle use on land.
    (3) The minimum threshold for reporting for diesel fuel (all grades 
combined) that was in tank(s) entirely underground, at a retail gas 
station that was in compliance at all times during the preceding 
calendar year with all applicable UST requirements (40 CFR part 280 or 
requirements of the state UST program approved by the Agency under 40 
CFR part 281), is 100,000 gallons (or approximately 378,500 liters).
    (4) The minimum threshold for reporting for all other hazardous 
chemicals is 10,000 pounds (or 4,540 kgs.)
    (5) The minimum threshold for reporting in response to requests for 
submission of an MSDS or a Tier II form under Sec. Sec.  370.21(d) and 
370.25(c) of this part shall be zero.
    (c) MSDS reporting. The owner or operator of a facility subject to 
this subpart shall submit an MSDS on or before October 17, 1990 (or 
within three months after the facility first becomes subject to this 
subpart), for all hazardous chemicals present at the facility at any one 
time in amounts equal to or greater than their thresholds.
    (d) Inventory reporting. The owner or operator of a facility subject 
to this subpart shall submit the Tier I form (or Tier II form) on or 
before March 1, 1991 (or March 1 of the first year after the facility 
first becomes subject to this subpart), and annually thereafter,

[[Page 445]]

covering all hazardous chemicals present at a facility at any one time 
during the preceding calendar year in amounts equal to or greater than 
their thresholds.

[64 FR 7047, Feb. 11, 1999]