26-351

26-351. 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 commission, 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 commission 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 title 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 director of environmental quality as the representative of the governor
pursuant to this section 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 title 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 director of environmental quality as
the representative of the governor, 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 director of environmental quality. 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.