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e-CFR data is current as of October 23, 2020

Title 40Chapter ISubchapter JPart 372Subpart A → §372.10


Title 40: Protection of Environment
PART 372—TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW
Subpart A—General Provisions


§372.10   Recordkeeping.

(a) Each person subject to the reporting requirements of this part must retain the following records for a period of 3 years from the date of the submission of a report under §372.30:

(1) A copy of each report submitted by the person under §372.30.

(2) All supporting materials and documentation used by the person to make the compliance determination that the facility or establishments is a covered facility under §372.22 or §372.45.

(3) Documentation supporting the report submitted under §372.30 including:

(i) Documentation supporting any determination that a claimed allowable exemption under §372.38 applies.

(ii) Data supporting the determination of whether a threshold under §372.25 applies for each toxic chemical.

(iii) Documentation supporting the calculations of the quantity of each toxic chemical released to the environment or transferred to an off-site location.

(iv) Documentation supporting the use indications and quantity on site reporting for each toxic chemical, including dates of manufacturing, processing, or use.

(v) Documentation supporting the basis of estimate used in developing any release or off-site transfer estimates for each toxic chemical.

(vi) Receipts or manifests associated with the transfer of each toxic chemical in waste to off-site locations.

(vii) Documentation supporting reported waste treatment methods, estimates of treatment efficiencies, ranges of influent concentration to such treatment, the sequential nature of treatment steps, if applicable, and the actual operating data, if applicable, to support the waste treatment efficiency estimate for each toxic chemical.

(b) Each person subject to the notification requirements of this part must retain the following records for a period of 3 years from the date of the submission of a notification under §372.45.

(1) All supporting materials and documentation used by the person to determine whether a notice is required under §372.45.

(2) All supporting materials and documentation used in developing each required notice under §372.45 and a copy of each notice.

(c) Records retained under this section must be maintained at the facility to which the report applies or from which a notification was provided. Such records must be readily available for purposes of inspection by EPA.

(d) Each owner or operator who determines that the owner operator may apply the alternate threshold as specified under §372.27(a) must retain the following records for a period of 3 years from the date of the submission of the certification statement as required under §372.27(b):

(1) A copy of each certification statement submitted by the person under §372.27(b).

(2) All supporting materials and documentation used by the person to make the compliance determination that the facility or establishment is eligible to apply the alternate threshold as specified in §372.27.

(3) Documentation supporting the certification statement submitted under §372.27(b) including:

(i) Data supporting the determination of whether the alternate threshold specified under §372.27(a) applies for each toxic chemical.

(ii) Documentation supporting the calculation of annual reportable amount, as defined in §372.27(a), for each toxic chemical, including documentation supporting the calculations and the calculations of each data element combined for the annual reportable amount.

(iii) Receipts or manifests associated with the transfer of each chemical in waste to off-site locations.

[53 FR 4525, Feb. 16, 1988, as amended at 59 FR 61501, Nov. 30, 1994; 71 FR 76944, Dec. 22, 2006; 74 FR 19005, Apr. 27, 2009]

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