[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR372.27]

[Page 472-473]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 372_TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW--Table of 
 
                    Subpart B_Reporting Requirements
 
Sec.  372.27  Alternate thresholds and certifications.

    (a) Except as provided in paragraph (e) of this section:
    (1) General. With respect to the manufacture, process, or otherwise 
use of a toxic chemical, the owner or operator of a facility may apply 
an alternate threshold of 1 million pounds per year to that chemical if 
the owner or operator calculates that the facility would have:
    (i) No more than 2,000 pounds of total on-site and off-site disposal 
or other releases (including disposal or other releases that resulted 
from catastrophic events); and
    (ii) An annual reportable amount of that toxic chemical not 
exceeding 5,000 pounds for the combined total quantities released at the 
facility; disposed within the facility; treated for destruction at the 
facility; recovered at the facility as a result of recycling operations; 
combusted for the purpose of energy recovery at the facility; 
transferred from the facility to off-site locations for the purpose of 
recycling, energy recovery, treatment, and/or disposal; and managed as a 
result of remedial actions, catastrophic events, or one-time events not 
associated with production processes during the reporting year. These 
volumes correspond to the sum of amounts reportable for data elements on 
EPA Form R (EPA Form 9350-1; Rev. 01/2006) as Part II column B or 
sections 8.1 (total quantity released), 8.2 (quantity used for energy 
recovery on-site), 8.3 (quantity used for

[[Page 473]]

energy recovery off-site), 8.4 (quantity recycled on-site), 8.5 
(quantity recycled off-site), 8.6 (quantity treated on-site), 8.7 
(quantity treated off-site), and 8.8 (quantity released to the 
environment as a result of remedial actions, catastrophic events, or 
one-time events not associated with production processes).
    (2) Chemicals of Special Concern. With respect to the manufacture, 
process, or otherwise use of a toxic chemical, the owner or operator of 
a facility may apply an alternate threshold of 1 million pounds per year 
to that chemical if the owner or operator calculates that the facility 
would have:
    (i) Zero on-site and off-site disposal or other releases (including 
disposal or other releases that resulted from catastrophic events); and
    (ii) An ``Annual Reportable Amount of a Chemical of Special 
Concern'' not exceeding 500 pounds. The ``Annual Reportable Amount of a 
Chemical of Special Concern'' is the combined total of:
    (A) Quantities treated for destruction at the facility;
    (B) Quantities recovered at the facility as a result of recycling 
operations;
    (C) Quantities combusted for the purpose of energy recovery at the 
facility;
    (D) Quantities transferred from the facility to off-site locations 
for the purpose of recycling, energy recovery, and/or treatment; and
    (E) Quantities managed through recycling, energy recovery, or 
treatment for destruction that were the result of remedial actions, 
catastrophic events, or one-time events not associated with production 
processes during the reporting year.
    (b) If an owner or operator of a facility determines that the owner 
or operator may apply one of the alternate reporting thresholds 
specified in paragraph (a) of this section for a specific toxic 
chemical, the owner or operator is not required to submit a report for 
that chemical under Sec.  372.30, but must submit a certification 
statement that contains the information required in Sec.  372.95. The 
owner or operator of the facility must also keep records as specified in 
Sec.  372.10(d).
    (c) Threshold determination provisions of Sec.  372.25 and 
exemptions pertaining to threshold determinations in Sec.  372.38 are 
applicable to the determination of whether the alternate threshold has 
been met.
    (d) Each certification statement under this section for activities 
involving a toxic chemical that occurred during a calendar year at a 
facility must be submitted to EPA and to the State in which the facility 
is located on or before July 1 of the next year.
    (e) The alternative thresholds described in paragraph (a) of this 
section are limited by the following:
    (1) The provisions of paragraph (a)(1) of this section do not apply 
to any chemicals listed in Sec.  372.28.
    (2) The provisions of paragraph (a)(2) of this section apply only to 
chemicals listed in Sec.  372.28.
    (3) Dioxins and dioxin-like compounds are not eligible for the 
alternate thresholds described in paragraph (a) of this section.

[59 FR 61502, Nov. 30, 1994, as amended at 64 FR 58750, Oct. 29, 1999; 
71 FR 76944, Dec. 22, 2006]