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EPA Self-Audit and Inspection Guide
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Toxic Chemical Release Reporting: Community Right-To-Know (40CFR372.1 -- 40CFR372.95)

The following is a summary of the referenced federal rules, as published in the Code of Federal Regulations (CFR). This information is provided as an aide to help understand the requirements of the federal regulations, as they pertain to specific industrial or manufacturing operations. This information is not provided nor intended to act as a substitute for legal or other professional services. CFR citation numbers for each subpart are indicated, while the full text of the CFR citations can be viewed by clicking HERE and following the directions.

Subpart A -- General Provisions (40CFR372.1 -- 40CFR372.18)

Scope and purpose (40CFR372.1)
The requirements for the submission of toxic chemical release information are outlined in this section, as well as supplier notification requirements for products that contain toxic chemicals.

Recordkeeping (40CFR372.10)
Facilities must retain records of toxic chemical releases, estimating procedures, and other relative information for three years from the date of submission.

Compliance and enforcement (40CFR372.18)
Penalties for violation of the requirements will include a fine not to exceed $25,000 each day for each violation.

Subpart B -- Reporting Requirements (40CFR372.22 -- 40CFR372.38)

Covered facilities for toxic chemical release reporting (40CFR372.22)
Facilities that have 10 or more full-time employees, that are manufacturing facilities listed under Standard Industrial Classifications (SIC) 20 to 39, and that manufacture, process, or otherwise use a listed chemical in amounts greater than the specified threshold quantities.

Thresholds for reporting (40CFR372.25)
The typical threshold quantity is 10,000 pounds for hazardous chemicals. Variances to this amount depend on the total volume of hazardous chemicals manufactured or processed and the reuse/recycle processes undertaken.

Reporting requirements and schedule for reporting (40CFR372.30)
Discusses the specific reporting requirements for an owner or operator of a covered facility. For each toxic chemical that exceeds the threshold amount, a Toxic Chemical Release Reporting Form (Form R) must be completed. The form documents the quantities of the material released to the air, land, water, underground injection, publicly owned treatment works, and off-site
 locations. The reports must also include information on-site waste treatment methods and efficiencies, energy recovery processes and recycling processes. Reports must be submitted to the EPA and state agencies no later than July 1 of the year following the year covered by the report.

Subpart C -- Supplier Notification Requirements (40CFR372.45)

Notification about toxic chemicals (40CFR372.45)
Facilities, as suppliers, must provide information to customers for any hazardous chemical or mixture containing hazardous chemicals that are sold or distributed from the facility and must be in writing, such as in a material safety data sheet (MSDS).

Subpart D -- Specific Toxic Chemical Listings (40CFR372.65)

Chemicals and chemical categories to which this part applies (40CFR372.65)
The toxic chemicals and chemical categories covered by this regulation are listed in this section.

Subpart E -- Forms and Instructions (40CFR372.85)

Samples of Form R, detailed instructions for completing the required information, and information on agencies to contact for current lists of applicable chemicals, threshold quantities, and reporting requirements is given.

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