[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: 40CFR372.10]

[Page 465]
 
                   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.  372.10  Recordkeeping.

    (a) Each person subject to the reporting requirements of this part 
must retain the following records for a period of 3 years from the date 
of the submission of a report under Sec.  372.30:
    (1) A copy of each report submitted by the person under Sec.  
372.30.
    (2) All supporting materials and documentation used by the person to 
make the compliance determination that the facility or establishments is 
a covered facility under Sec.  372.22 or Sec.  372.45.
    (3) Documentation supporting the report submitted under Sec.  372.30 
including:
    (i) Documentation supporting any determination that a claimed 
allowable exemption under Sec.  372.38 applies.
    (ii) Data supporting the determination of whether a threshold under 
Sec.  372.25 applies for each toxic chemical.
    (iii) Documentation supporting the calculations of the quantity of 
each toxic chemical released to the environment or transferred to an 
off-site location.
    (iv) Documentation supporting the use indications and quantity on 
site reporting for each toxic chemical, including dates of 
manufacturing, processing, or use.
    (v) Documentation supporting the basis of estimate used in 
developing any release or off-site transfer estimates for each toxic 
chemical.
    (vi) Receipts or manifests associated with the transfer of each 
toxic chemical in waste to off-site locations.
    (vii) Documentation supporting reported waste treatment methods, 
estimates of treatment efficiencies, ranges of influent concentration to 
such treatment, the sequential nature of treatment steps, if applicable, 
and the actual operating data, if applicable, to support the waste 
treatment efficiency estimate for each toxic chemical.
    (b) Each person subject to the notification requirements of this 
part must retain the following records for a period of 3 years from the 
date of the submission of a notification under Sec.  372.45.
    (1) All supporting materials and documentation used by the person to 
determine whether a notice is required under Sec.  372.45.
    (2) All supporting materials and documentation used in developing 
each required notice under Sec.  372.45 and a copy of each notice.
    (c) Records retained under this section must be maintained at the 
facility to which the report applies or from which a notification was 
provided. Such records must be readily available for purposes of 
inspection by EPA.
    (d) Each owner or operator who determines that the owner operator 
may apply the alternate threshold as specified under Sec.  372.27(a) 
must retain the following records for a period of 3 years from the date 
of the submission of the certification statement as required under Sec.  
372.27(b):
    (1) A copy of each certification statement submitted by the person 
under Sec.  372.27(b).
    (2) All supporting materials and documentation used by the person to 
make the compliance determination that the facility or establishment is 
eligible to apply the alternate threshold as specified in Sec.  372.27.
    (3) Documentation supporting the certification statement submitted 
under Sec.  372.27(b) including:
    (i) Data supporting the determination of whether the alternate 
threshold specified under Sec.  372.27(a) applies for each toxic 
chemical.
    (ii) Documentation supporting the calculation of annual reportable 
amount, as defined in Sec.  372.27(a), for each toxic chemical, 
including documentation supporting the calculations and the calculations 
of each data element combined for the annual reportable amount.
    (iii) Receipts or manifests associated with the transfer of each 
chemical in waste to off-site locations.

[53 FR 4525, Feb. 16, 1988, as amended at 59 FR 61501, Nov. 30, 1994]