[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: 40CFR370.28]

[Page 445-446]
 
                   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.  370.28  Mixtures.

    (a) Basic reporting. The owner or operator of a facility may meet 
the reporting requirements of Sec. Sec.  370.21 (MSDS reporting) and 
370.25 (inventory form reporting) of this subpart for a hazardous 
chemical that is a mixture of hazardous chemicals by:

[[Page 446]]

    (1) Providing the required information on each component in the 
mixture which is a hazardous chemical; or
    (2) Providing the required information on the mixture itself, so 
long as the reporting of mixtures by a facility under Sec.  370.25 is in 
the same manner as under Sec.  370.21, where practicable.
    (b) Calculation of the quantity. (1) If the reporting is on each 
component of the mixture which is a hazardous chemical, then the 
concentration of the hazardous chemical, in weight percent (greater than 
1% or 0.1% if carcinogenic) shall be multiplied by the mass (in pounds) 
of the mixture to determine the quantity of the hazardous chemical in 
the mixture.
    (2) If the reporting is on the mixture itself, the total quantity of 
the mixture shall be reported.
    (c) Aggregation of extremely hazardous substances. (1) To determine 
whether the reporting threshold for an extremely hazardous substance has 
been equaled or exceeded, the owner or operator of a facility shall 
aggregate the following:
    (i) The quantity of the extremely hazardous substance present as a 
component in all mixtures at the facility, and
    (ii) All other quantities of the extremely hazardous substance 
present at the facility.

If the aggregate quantity of an extremely hazardous substance equals or 
exceeds the reporting threshold, the substance shall be reported.
    (2) If extremely hazardous substances are being reported and are 
components of a mixture at a facility, the owner or operator of a 
facility may report either:
    (i) The mixture, as a whole, even if the total quantity of the 
mixture is below its reporting threshold; or
    (ii) The extremely hazardous substance component(s) of the mixture.

[55 FR 30646, July 26, 1990]