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e-CFR data is current as of October 22, 2020

Title 40Chapter ISubchapter JPart 370Subpart B → §370.14


Title 40: Protection of Environment
PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW
Subpart B—Who Must Comply


§370.14   How do I report mixtures containing hazardous chemicals?

(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:

If your mixture contains a hazardous chemical To determine if the threshold level for that hazardous chemical is equaled or exceeded you must If the threshold level for that hazardous chemical is exceeded then you must
(1) That is an EHSDetermine the total quantity of the EHS present throughout your facility at any one time, by adding together the quantity present as a component in all mixtures and all other quantities of the EHS (you must include the quantity present in a mixture even if you are also counting the quantity of that particular mixture toward the threshold level for that mixture).Report the EHS component—submit an MSDS (or SDS) for the EHS (or include the EHS on the list of chemicals submitted in lieu of the MSDSs) (or SDSs), as provided under §370.30, and submit Tier I (or Tier II) information for the EHS, as provided under §370.40 or report the mixture itself—submit an MSDS (or SDS) for the mixture (or include the mixture on the list of chemicals submitted in lieu of the MSDSs) (or SDSs), as provided under §370.30, and submit Tier I (or Tier II) information for the mixture, as provided under §370.40.
   If you report the mixture itself, then provide the total quantity of that mixture.
(2) That is not an EHSDetermine either: The total quantity of the hazardous chemical present throughout your facility at any one time by adding together the quantity present as a component in all mixtures and all other quantities of the hazardous chemical (you must include the quantity present in a mixture even if you are also applying that particular mixture as a whole toward the threshold level for that mixture) or the total quantity of that mixture present throughout your facility at any one time.Report the non-EHS hazardous chemical component—submit an MSDS (or SDS) for the non-EHS hazardous chemical (or include the non-EHS on the list of chemicals submitted in lieu of the MSDSs) (or SDSs), as provided under §370.30, and submit Tier I (or Tier II) information for the non-EHS hazardous chemical as provided under §370.40 or report the mixture itself—submit an MSDS (or SDS) for the mixture (or include the mixture on the list of chemicals submitted in lieu of MSDSs) (or SDSs), as provided under §370.30, and submit Tier I (or Tier II) information for the mixture, as provided under §370.40.
   If you report the mixture itself, then provide the total quantity of that mixture.

(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.

[73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016]

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