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40:40:30.0.1.1.12.1.19.1 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW A Subpart A—General Information   § 370.1 What is the purpose of this part? EPA     [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] (a) This part (40 CFR part 370) establishes reporting requirements for providing the public with important information on the hazardous chemicals in their communities. Reporting raises community awareness of chemical hazards and aids in the development of State and local emergency response plans. The reporting requirements established under this part consist of Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS) reporting and inventory reporting. (b) This part is written in a special format to make it easier to understand the regulatory requirements. Like other Environmental Protection Agency (EPA) regulations, this part establishes enforceable legal requirements. Information considered non-binding guidance under EPCRA is indicated in this regulation by the word “note” and a smaller typeface. Such notes are provided for information purposes only and are not considered legally binding under this part.
40:40:30.0.1.1.12.1.19.2 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW A Subpart A—General Information   § 370.2 Who do “you,” “I,” and “your” refer to in this part? EPA       Throughout this part, “you,” “I,” and “your” refer to the owner or operator of a facility.
40:40:30.0.1.1.12.1.19.3 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW A Subpart A—General Information   § 370.3 Which section contains the definitions of the key words used in this part? EPA       The definitions of key words used in this part are in § 370.66. It is important to read the definitions for key words because the definition explains the word's specific meaning in the regulations in this part.
40:40:30.0.1.1.12.2.19.1 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW B Subpart B—Who Must Comply   § 370.10 Who must comply with the hazardous chemical reporting requirements of this part? EPA     [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] (a) You must comply with the reporting requirements of this part if the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS) require your facility to prepare or have available a Material Safety Data Sheet (MSDS) (or Safety Data Sheet (SDS)) for a hazardous chemical and if either of the following conditions is met: (1) A hazardous chemical that is an Extremely Hazardous Substance (EHS) is present at your facility at any one time in an amount equal to or greater than 500 pounds (227 kg—approximately 55 gallons) or the Threshold Planning Quantity (TPQ), whichever is lower. EHSs and their TPQs are listed in Appendices A and B of 40 CFR part 355. (2) A hazardous chemical that is not an EHS is present at your facility at any one time in an amount equal to or greater than the threshold level for that hazardous chemical. Threshold levels for such hazardous chemicals are: (i) For any hazardous chemical that does not meet the criteria in paragraph (a)(2)(ii) or (iii) of this section, the threshold level is 10,000 pounds (or 4,540 kg). (ii) For gasoline at a retail gas station (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.), the threshold level is 75,000 gallons (approximately 283,900 liters) (all grades combined). This threshold is only applicable for gasoline that was in tank(s) entirely underground and was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank (UST) requirements at 40 CFR part 280 or requirements of the state UST program approved by the Agency under 40 CFR part 281. (iii) For diesel fuel at a retail gas station (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.), the threshold level is 100,000 gallons (approximately 378,500 liters) (all grades combined). This th…
40:40:30.0.1.1.12.2.19.2 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW B Subpart B—Who Must Comply   § 370.11 [Reserved] EPA        
40:40:30.0.1.1.12.2.19.3 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW B Subpart B—Who Must Comply   § 370.12 What hazardous chemicals must I report under this part? EPA     [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] (a) You must report any hazardous chemical for which you are required to prepare or have available an MSDS (or SDS) under OSHA HCS that is present at your facility equal to or above the applicable threshold specified in § 370.10. (Specific exemptions from reporting are in § 370.13.) (b) The EPA has not issued a list of hazardous chemicals subject to reporting under this part. A substance is a hazardous chemical if it is required to have an MSDS (or SDS) and meets the definition of hazardous chemical under the OSHA regulations found at 29 CFR 1910.1200(c).
40:40:30.0.1.1.12.2.19.4 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW B Subpart B—Who Must Comply   § 370.13 What substances are exempt from these reporting requirements? EPA     [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] You do not have to report substances for which you are not required to have an MSDS (or SDS) under the OSHA regulations, or that are excluded from the definition of hazardous chemical under EPCRA section 311(e). Each of the following substances are excluded under EPCRA section 311(e): (a) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration. (b) 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. (c) Any substance to the extent it is used: (1) 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. 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; (2) In a research laboratory or hospital or other medical facility under the direct supervision of a technically qualified individual; or (3) In routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.
40:40:30.0.1.1.12.2.19.5 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW B Subpart B—Who Must Comply   § 370.14 How do I report mixtures containing hazardous chemicals? EPA     [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] (a) For a mixture containing a hazardous chemical, use the following table to determine if a reporting threshold is equaled or exceeded, and to determine how to report: (b) For each specific mixture, the reporting option used must be consistent for both MSDS (or SDS) and inventory reporting, unless it is not possible to do so. This means that if you report on a specific mixture as a whole for MSDS (or SDS) reporting, you must report on that mixture as a whole for inventory reporting too (unless it is not possible). MSDS (or SDS) reporting and inventory reporting are discussed in detail in subpart C of this part. (c) To determine the quantity of an EHS or a non-EHS hazardous chemical component present in a mixture, multiply the concentration of the hazardous chemical component (in weight percent) by the weight of the mixture (in pounds). You do not have to count a hazardous chemical present in a mixture if the concentration is less than or equal to 1%, or less than or equal to 0.1% for a carcinogenic chemical.
40:40:30.0.1.1.12.3.19.1 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW C Subpart C—Reporting Requirements   § 370.20 What are the reporting requirements of this part? EPA     [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] The reporting requirements of this part consist of MSDS (or SDS) reporting and inventory reporting. If you are the owner or operator of a facility subject to the reporting requirements of this part then you must comply with both types of reporting requirements. MSDS (or SDS) reporting requirements are addressed in §§ 370.30 through 370.33. Inventory reporting requirements are addressed in §§ 370.40 through 370.45.
40:40:30.0.1.1.12.3.19.2 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW C Subpart C—Reporting Requirements   § 370.30 What information must I provide and what format must I use? EPA     [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38109, June 13, 2016] (a) You must report the hazardous chemicals present at your facility that meet or exceed the applicable threshold levels (threshold levels are in § 370.10) by either: (1) Submitting an MSDS (or SDS) for each hazardous chemical present at your facility that meet or exceed its applicable threshold level; or (2) Submitting a list of all hazardous chemicals present at your facility at or above the applicable threshold levels. The hazardous chemicals on your list must be grouped by the specific health and physical hazards as defined in § 370.66. The list must contain the chemical or common name of each hazardous chemical as provided on the MSDS (or SDS). (b) Within 30 days of a request by the LEPC (as provided in § 370.10(b)), you must also submit an MSDS (or SDS) for any hazardous chemical present at your facility for which you have not submitted an MSDS (or SDS).
40:40:30.0.1.1.12.3.19.3 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW C Subpart C—Reporting Requirements   § 370.31 Do I have to update the information? EPA     [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] MSDS (or SDS) reporting stated in § 370.30 is a one-time requirement. However, you must update the information in all of the following ways: (a) Submit a revised MSDS (or SDS) after you discover significant new information concerning a hazardous chemical for which an MSDS (or SDS) was submitted. (b) Submit an MSDS (or SDS), or a list as described in § 370.30(a), for any new hazardous chemical for which you become subject to these reporting requirements. (c) Submit, as requested by the LEPC, an MSDS (or SDS) for any hazardous chemical present at your facility which you have not already submitted, as provided in § 370.30(b).
40:40:30.0.1.1.12.3.19.4 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW C Subpart C—Reporting Requirements   § 370.32 To whom must I submit the information? EPA     [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] (a) You must submit an MSDS (or SDS) or list, as provided in § 370.30(a), to the LEPC, the SERC, and the fire department with jurisdiction over your facility. (b) You must submit an MSDS (or SDS) requested by the LEPC, as provided in § 370.30(b), to the LEPC.
40:40:30.0.1.1.12.3.19.5 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW C Subpart C—Reporting Requirements   § 370.33 When must I submit the information? EPA     [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] (a) You must submit an MSDS (or SDS) or a list, as provided in § 370.30(a), for a hazardous chemical subject to the reporting requirements of this part by October 17, 1987, or within 3 months after you first become subject to the reporting requirements of this part (as provided in §§ 370.30 and 370.31(b)). (b) You must submit a revised MSDS (or SDS), as provided in § 370.31(a), within 3 months after discovering significant new information about a hazardous chemical for which an MSDS (or SDS) was submitted. (c) You must submit an MSDS (or SDS) requested by the LEPC, as provided in §§ 370.30(b) and 370.31(c), within 30 days of receiving the request.
40:40:30.0.1.1.12.3.20.10 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW C Subpart C—Reporting Requirements   § 370.44 To whom must I submit the inventory information? EPA       You must submit the required inventory information to your SERC, LEPC, and fire department with jurisdiction over your facility.
40:40:30.0.1.1.12.3.20.11 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW C Subpart C—Reporting Requirements   § 370.45 When must I submit the inventory information? EPA       (a) You must submit the required inventory information on or before March 1 (beginning in 1988 or beginning after your facility first becomes subject to this part), and on or before by March 1 of each year afterwards. Your submission must contain the required inventory information on hazardous chemicals present at your facility during the preceding calendar year at or above the threshold levels. Threshold levels are in § 370.10. The minimum required inventory information under EPCRA section 312 is Tier I information. Tier I information requirements are described in § 370.41. (b) You must submit Tier II information within 30 days of the receipt of a request from the SERC, LEPC, or the fire department having jurisdiction over your facility, as provided in § 370.10(b). Tier II information requirements are described in § 370.42.
40:40:30.0.1.1.12.3.20.6 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW C Subpart C—Reporting Requirements   § 370.40 What information must I provide and what format must I use? EPA     [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108 38109, June 13, 2016] (a) If you are required to comply with the hazardous chemical reporting requirements of this part, then by March 1 every year you must submit inventory information regarding any hazardous chemical present at your facility at any time during the previous calendar year in an amount equal to or in excess of its threshold level. Threshold levels are provided in § 370.10. (b) Tier I information is the minimum information that you must report to be in compliance with the inventory reporting requirements of this part as described in § 370.41. You may choose to report the Tier II information described in § 370.42 for any hazardous chemical at your facility. You must submit Tier II information to the SERC, LEPC, or fire department having jurisdiction over your facility if they request it. EPA publishes Tier I and Tier II Inventory Forms that provide uniform formats for reporting the Tier I and Tier II information. You may use a State or local format for reporting inventory information if the State or local format contains at least the Tier I information described in § 370.41. EPA's Tier I and Tier II forms are available at http://www.epa.gov/epcra . Some States require Tier II information annually under State law. (c) You should contact the SERC to determine that State's requirements for inventory reporting formats, procedures, and to obtain inventory forms.
40:40:30.0.1.1.12.3.20.7 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW C Subpart C—Reporting Requirements   § 370.41 What is Tier I inventory information? EPA     [77 FR 41313, July 13, 2012, as amended at 81 FR 38109, June 13, 2016] Tier I information provides State and local officials and the public with information on the general types and locations of hazardous chemicals present at your facility during the previous calendar year. The Tier I information is the minimum information that you must provide to be in compliance with the inventory reporting requirements of this part. If you are reporting Tier I information, you must report aggregate information on hazardous chemicals by hazard categories. The hazard categories (physical and health hazards) are defined in § 370.66. Tier I inventory form includes the following data elements: (a) Certification. The owner or operator or the officially designated representative of the owner or operator must certify that all information included in the Tier I submission is true, accurate, and complete as follows: “I certify under penalty of law that I have personally examined and am familiar with the information and that based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete.” This certification shall be accompanied by your full name, official title, signature, date signed, and total number of pages in the submission including all attachments. All other pages must also contain your signature or signature stamp, the date you signed the certification, and the total number of pages in the submission. Some states require electronic reporting (on-line or via diskettes) and electronic certification. Contact your state for the specific requirements in that state. (b) The calendar year for the reporting period. (c) An indication whether the information being reported on page one of the form is identical to that submitted last year. (d) The complete name and address of the location of your facility (include the full street address or state road, city, county, State and zip code), latitude and longitude. (e) An indication if the location of your facility is manned or unmanned. (f) An estimate of the maximu…
40:40:30.0.1.1.12.3.20.8 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW C Subpart C—Reporting Requirements   § 370.42 What is Tier II inventory information? EPA     [77 FR 41314, July 13, 2012, as amended at 81 FR 38109, June 13, 2016] Tier II information provides State and local officials and the public with specific information on the amounts and locations of hazardous chemicals present at your facility during the previous calendar year. Some states may require you to use a state reporting format including electronic reporting and certification for submitting your hazardous chemical inventory. Contact your state for the specific requirements in that state. Tier II inventory form includes the following data elements: (a) Certification. The owner or operator or the officially designated representative of the owner or operator must certify that all information included in the Tier II submission is true, accurate, and complete as follows: “I certify under penalty of law that I have personally examined and am familiar with the information and that based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete.” This certification must be accompanied by your full name, official title, signature, date signed, and total number of pages in the submission including all Confidential and Non-Confidential Information Sheets and all attachments. All other pages must also contain your signature or signature stamp, the date you signed the certification, and the total number of pages in the submission. Some states require electronic reporting (on-line or via diskettes) and electronic certification. Contact your state for the specific requirements in that state. (b) The calendar year of the reporting period. (c) An indication whether the information being reported on page one of the form is identical to that submitted last year. (d) The complete name and address of the location of your facility (include the full street address or state road, city, county, State and zip code), latitude and longitude. (e) An indication if the location of your facility is manned or unmanned. (f) An estimate of the maximum number of occupants present at any one time. If the locatio…
40:40:30.0.1.1.12.3.20.9 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW C Subpart C—Reporting Requirements   § 370.43 What codes are used to report Tier I and Tier II inventory information? EPA     [77 FR 41315, July 13, 2012] (a) Weight range codes. Except as provided in paragraph (b) of this section, you must use the following codes to report the maximum amount and average daily amount when reporting Tier I or Tier II inventory information: * Greater than 10 million To convert gas or liquid volume to weight in pounds, multiply by an appropriate density factor. (b) Your SERC or LEPC may provide other range codes for reporting maximum amount and average daily amount, or may require reporting of specific amounts. You may use your SERC's or LEPC's range codes (or specific amounts) provided the ranges are not broader than the ranges in paragraph (a) of this section.
40:40:30.0.1.1.12.4.21.1 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW D Subpart D—Community Access to Information   § 370.60 How does a person obtain MSDS (or SDS) information about a specific facility? EPA     [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] Any person may obtain an MSDS (or SDS) for a specific facility by writing to the LEPC and asking for it. (a) If the LEPC has the MSDS, (or SDS) it must provide it to the person making the request. (b) If the LEPC does not have the MSDS (or SDS), (or (SDS) it must request the MSDS (or SDS) from the facility's owner or operator.
40:40:30.0.1.1.12.4.21.2 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW D Subpart D—Community Access to Information   § 370.61 How does a person obtain inventory information about a specific facility? EPA       (a) Any person may request Tier II information for a specific facility by writing to the SERC or the LEPC and asking for such information. (1) If the SERC or LEPC has the Tier II information, the SERC or LEPC must provide it to the person making the request. (2) If the SERC or LEPC does not have the Tier II information, it must request it from the facility owner or operator in either of the following cases: (i) The person making the request is a State or local official acting in his or her official capacity. (ii) The request is for hazardous chemicals in amounts greater than 10,000 pounds stored at the facility at any time during the previous calendar year. (3) If the SERC or LEPC does not have the Tier II information, it may request it from the facility owner or operator when neither condition in paragraph (a)(2) of this section is met, but the person's request includes a general statement of need. (b) A SERC or LEPC must respond to a request for Tier II information under this section within 45 days of receiving such a request.
40:40:30.0.1.1.12.4.21.3 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW D Subpart D—Community Access to Information   § 370.62 What information may a State or local official request from a facility? EPA     [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] The LEPC may ask a facility owner or operator to submit an MSDS (or SDS) for a hazardous chemical present at the facility. The SERC, LEPC, or fire department having jurisdiction over a facility may ask a facility owner or operator to submit Tier II information. The owner or operator must provide the MSDS (or SDS) (unless the owner or operator has already submitted an MSDS (or SDS) to the LEPC for that hazardous chemical) or Tier II information within 30 days of receipt of such request.
40:40:30.0.1.1.12.4.21.4 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW D Subpart D—Community Access to Information   § 370.63 What responsibilities do the SERC and the LEPC have to make request information available? EPA     [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] Under this subpart, the SERC or LEPC must make the following information (except for confidential location information discussed in § 370.64(b)) available if a person requests it: (a) All information obtained from an owner or operator in response to a request under this subpart. (b) Any requested Tier II information or MSDS (or SDS) otherwise in possession of the SERC or the LEPC.
40:40:30.0.1.1.12.4.21.5 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW D Subpart D—Community Access to Information   § 370.64 What information can I claim as trade secret or confidential? EPA     [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, 38109, June 13, 2016] (a) Trade secrets. You may be able to withhold the name of a specific chemical when submitting MSDS (or SDS) reporting or inventory reporting information if that chemical name is claimed as a trade secret. The requirements for withholding trade secret information are set forth in EPCRA section 322 and implemented in 40 CFR part 350. If you are withholding the name of a specific chemical as a trade secret in accordance with trade secrecy requirements, you must report the generic class or category that is structurally descriptive of the chemical along with all other required information. You must also submit the withheld information to EPA and must adequately substantiate your claim. A Form for substantiating trade secret claims is available at the Agency Web site at http://www.epa.gov/epcra . (b) Confidential location information. You may request that the SERC or the LEPC not disclose to the public the location of any specific chemical required to be submitted in Tier II information. If you make such a request, the SERC or LEPC must not disclose the location of the specific chemical. If you use the Tier II Form to report your inventory information, you can choose to report confidential location information for a specific chemical on the Confidential Location Information Sheet, which must be attached to the other Tier II information you are reporting. Although you may request that location information with respect to a specific chemical be withheld from the public, you may not withhold this information from the SERC, the LEPC, or the local fire department. The Confidential Location Information Sheet is available on the Agency Web site at http://www.epa.gov/epcra .
40:40:30.0.1.1.12.4.21.6 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW D Subpart D—Community Access to Information   § 370.65 Must I allow the local fire department to inspect my facility and must I provide specific location information about hazardous chemicals at my facility? EPA       If you are the owner or operator of a facility that has submitted inventory information under this part, you must comply with the following two requirements upon request by the fire department with jurisdiction over your facility: (a) You must allow the fire department to conduct an on-site inspection of your facility; and (b) You must provide the fire department with information about the specific locations of hazardous chemicals at your facility.
40:40:30.0.1.1.12.4.21.7 40 Protection of Environment I J 370 PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW D Subpart D—Community Access to Information   § 370.66 How are key words in this part defined? EPA     [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, 38109, June 13, 2016; 81 FR 47312, July 21, 2016] 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. Environment includes water, air, and land and the interrelationship that exists among and between water, air, and land and all living things. EPCRA means the Emergency Planning and Community Right-To-Know Act of 1986. Extremely hazardous substance (EHS) means a substance listed in appendices A and B of 40 CFR part 355. Facility means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person that controls, is controlled by, or under common control with, such person). Facility includes 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. Hazard category is divided into two categories, health and physical hazards. (1) Health hazard means a chemical which poses one of the following hazardous effects: Carcinogenicity; acute toxicity (any route of exposure); aspiration hazard; reproductive toxicity; germ cell mutagenicity; skin corrosion or irritation; respiratory or skin sensitization; serious eye damage or eye irritation; specific target organ toxicity (single or repeated exposure); simple asphyxiant; and hazard not otherwise classified (HNOC). (2) Physical hazard means a chemical which poses one of the following hazardous effects: Flammable (gases, aerosols, liquids or solids); gas under pressure; explosive; self-heating; pyrophoric (liquid or solid); pyrophoric gas; oxidizer (liquid, solid or gas); organic peroxide; self-reactive; in contact with water emits flammable gas; combustible dust; corrosive to metal; and hazard not otherwise classified (HNOC). Hazardous chemical means any hazardous chemical as defined under 29 CFR 1910.1200(c), except that such term d…

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CREATE TABLE cfr_sections (
    section_id TEXT PRIMARY KEY,
    title_number INTEGER,
    title_name TEXT,
    chapter TEXT,
    subchapter TEXT,
    part_number TEXT,
    part_name TEXT,
    subpart TEXT,
    subpart_name TEXT,
    section_number TEXT,
    section_heading TEXT,
    agency TEXT,
    authority TEXT,
    source_citation TEXT,
    amendment_citations TEXT,
    full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);