49-131. Toxic chemical release forms; definitions

A. In order to implement section 313 of title III, the owner or operator of a facility subject to the requirements of this section and section 313 of title III and regulations adopted under that act shall complete a toxic chemical release form as supplied by the administrator, pursuant to section 313(g) of title III, or as supplied by the department, for each toxic chemical listed in the Code of Federal Regulations by the administrator pursuant to section 313(c) of title III that was manufactured, processed or otherwise used in quantities exceeding the toxic chemical threshold quantity established by subsection E of this section during the preceding calendar year at that facility. The form shall be submitted to the administrator and to the department on or before July 1 of each year and shall contain data reflecting releases in excess of the quantity of that toxic chemical established under subsection E of this section during the preceding calendar year.

B. The requirements of this section apply to owners and operators of facilities that have ten or more full-time employees and that are in standard industrial classification codes 20 through 39 in effect on July 1, 1987 as prepared by the statistical policy division of the United States office of management and budget, office of the president and that manufactured, processed or otherwise used a toxic chemical listed in 40 Code of Federal Regulations part 372 pursuant to section 313(c) and (d) of title III in excess of the quantity of that toxic chemical established under subsection E of this section during the calendar year for which the release form is required under this section.

C. The department may request the administrator to apply the requirements of this section to the owners and operators of any particular facility that manufactures, processes or otherwise uses a toxic chemical listed pursuant to section 313(c) of title III if the administrator determines that such action is warranted on the basis of toxicity of the toxic chemical, the proximity to other facilities that release the toxic chemical or to population centers, the history of releases of the chemical at the facility or such other factors as the administrator deems appropriate.

D. The toxic chemicals subject to the requirements of this section are those chemicals listed in 40 Code of Federal Regulations by the administrator pursuant to section 313(c) of title III, including any revised version of the list as may be made pursuant to section 313(d) or (e) of title III. The department, pursuant to section 313(e)(2) of title III, may petition the administrator to add a chemical to or delete a chemical from the list identified in this section.

E. The threshold amounts for purposes of reporting toxic chemicals under this section are:

1. With respect to a toxic chemical used at a facility, ten thousand pounds of the toxic chemical for the applicable calendar year.

2. With respect to a toxic chemical manufactured or processed at a facility:

(a) For the toxic chemical release form required to be submitted under this section on or before July 1, 1988, seventy-five thousand pounds of the toxic chemical per year.

(b) For the toxic chemical release form required to be submitted under this section on or before July 1, 1989, fifty thousand pounds of the toxic chemical per year.

(c) For the toxic chemical release form required to be submitted under this section on or before July 1, 1990 and for each year thereafter, twenty-five thousand pounds of the toxic chemical per year.

F. The threshold amounts for purposes of reporting toxic chemicals under this section shall be adjusted pursuant to revisions by the administrator.

G. Owners and operators of facilities subject to the requirements of this section shall provide the information required under this section on a uniform toxic chemical release form published by the administrator or on a uniform toxic chemical release form published by the department. The form shall:

1. Provide for the name and location of and principal business activities at the facility.

2. Include an appropriate certification, signed by a senior official with management responsibility for the person or persons completing the form, regarding the accuracy or completeness of the report.

3. Provide for the following information for each listed toxic chemical known to be present at the facility:

(a) Whether the toxic chemical at the facility is manufactured, processed or otherwise used, and the general category or categories of use of the chemical.

(b) An estimate of the maximum amount in ranges of the toxic chemical present at the facility at any time during the preceding calendar year.

(c) For each wastestream, the waste treatment or disposal methods employed and an estimate of the treatment efficiency typically achieved by such methods for that wastestream.

(d) The annual quantity of the toxic chemical entering each environmental medium.

H. The release forms required under this section are intended to provide information to the federal, state and local governments and to the public, including citizens of communities surrounding facilities covered by this section. The release form shall be available consistent with the trade secret provisions of title III to inform persons about releases of toxic chemicals to the environment, to assist governmental agencies, researchers and other persons in conducting research and data gathering, to aid in developing appropriate rules and regulations, guidelines and standards and for similar purposes.

I. For purposes of this section:

1. " Administrator" means the administrator of the United States environmental protection agency.

2. " Manufacture" means to produce, prepare, import or compound a toxic chemical.

3. " Process" means the preparation of a toxic chemical after its manufacture for distribution in commerce either:

(a) In the same form or physical state as, or in a different form or physical state from, that in which it was received by the person so preparing the chemical.

(b) As part of an article containing the toxic chemical.