includes annual maintenance of the plan.
    Total estimated burden: 330,740 hours (average per year for first
three years). Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: $52,434,008, (average per year for first
three years), includes $15,188,371 annual operations and maintenance
costs.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden to the EPA using the docket identified
at the beginning of this rule. The EPA will respond to any ICR-related
comments in the final rule. You may also send your ICR-related comments
to OMB's Office of Information and Regulatory Affairs using the
interface at www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under Review--Open for
Public Comments'' or by using the search function. OMB must receive
comments no later than May 27, 2022.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. The
small entities subject to the requirements of this action includes
small businesses. The Agency has determined that among the 421
potentially regulated small entities, 138 small entities may experience
an impact between one and three percent of revenues. These entities are
in three industries: Animal Food Manufacturing, Sawmills and Wood
Preservation, and Marine Cargo Handling. The Agency also estimated, and
that five small entities in the Electric Power Generation industry may
experience an impact greater than three percent of revenues (or about
1.3 percent of all small entities). Details of this analysis are
presented in Section 9.3 of the proposed rule RIA, available in the
docket.
    In summary, EPA has prepared a small entity impact screening
analysis to assess whether the proposed action would have ``a
significant impact on a substantial number of small entities.'' This
analysis involved three main steps:
    1. Identifying the subset of small entities potentially affected by
the proposed action based on Small Business Administration (SBA) size
criteria for each NAICS industry;
    2. Assessing the potential impact of the rule on those small
entities by comparing the entity-level compliance cost to entity-level
revenue (i.e., applying a cost-to-revenue test). EPA used threshold
compliance costs of one percent or three percent of revenue to
categorize the degree of significance of the economic impacts; and,
    3. Based on the results of the threshold test, assessing (1)
magnitude of economic impact that may be experienced by regulated small
entities; (2) total number of regulated small entities that may
experience the economic impact; and, (3) percentage of regulated small
entities that may experience the economic impact, in order to make a
SISNOSE determination.
    Among the 1,659 facilities estimated to be required to develop
response plans, EPA estimated that 669 of these facilities are owned by
421 small entities. EPA's cost-to-revenue test estimated that 8 small
entities would have costs between one and three percent of revenues (or
about 2 percent of all small entities), and 5 entities would have costs
exceeding three percent of revenues (or about 1 percent of all small
entities). Based on the results, EPA concluded that the proposed
action's requirements will not have a significant impact on a
substantial number of small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate of $100 million
or more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. Under UMRA Section
202, EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that might result in expenditures by state, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million (adjusted annually for inflation) or more in any one year.
Based on the cost estimates detailed previously, EPA determined that
compliance costs in any given year will be below the threshold set in
UMRA. This proposed action is also not subject to the requirements of
section 203 of UMRA because it does not significantly or uniquely
affect small governments.
    EPA determined that the proposed local coordination requirements
build upon existing requirements under EPCRA section 303, and thus do
not impose an unfunded mandated upon LEPCs or public water systems that
would coordinate with regulated facilities. LEPCs are required to
develop community emergency response plans under EPCRA section 303, and
this proposed rule provisions are intended to ensure that facility
representatives coordinate with LEPC and local emergency response
officials in developing those plans. Water systems are similarly
required under the AWIA to develop or update risk assessments and
emergency response plans. Furthermore, EPA provided flexibility in this
proposed rule to allow LEPC and other local officials to participate as
their schedules allow. For example, EPA is proposing that when
appropriate, facility owners or operators coordinate with local public
emergency response officials and invite them to participate in drills
and exercises. The proposed rule does not require participation in
drills and exercises.

E. Executive Order 13132: Federalism

    This action does not have Federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and

responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in E.O.
13175 (65 FR 67249, November 6, 2000). EPA mapped the location of the
available sample of 661 in-scope facilities present in EPA's Tier II
data against EPA's geographic boundaries for tribal lands and did not
identify any facilities located on tribal lands. EPA notes that these
data capture only a portion of potentially regulated facilities, and do
not include some states with relatively higher proportions of Tribal
lands, such as Oklahoma. In addition, EPA lacks information on the
location of water intakes associated with facilities, which is a
further uncertain potential source of tribal impacts. Thus, Executive
Order 13175 does not apply to this action.
    EPA will consult with Tribal officials as it develops this
regulation to permit them to have meaningful and timely input into its
development. Consultation will include conference calls, webinars, and
meetings with interested tribal representatives to ensure that their
concerns are addressed before the rule is finalized. In the spirit of
E.O. 13175 and consistent with EPA policy to promote communications
between EPA and Tribal governments, EPA specifically solicits comment
on this proposed rule from tribal officials.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to E.O. 13045 (62 FR 19885, April 23,
1997) because it is not economically significant as defined in E.O.
12866 (58 FR 51735, October 4, 1993), and because the EPA does not
believe the environmental health or safety risks addressed by this
action present a disproportionate risk to children. This action's
health and risk assessments are contained in the RIA for this proposed
rule, available in the docket.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy. The proposed rule does not directly
regulate energy production or consumption. Adding CWA hazardous
substance FRP requirements is not expected to impact energy production
or distribution.

I. National Technology Transfer and Advancement Act (NTTAA)

    This proposed action does not involve technical standards and is
therefore not subject to the requirements contained in NTTAA section
12(d), 15 U.S.C. 272.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA concluded that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations and low-income populations and/or Indigenous peoples, as
specified in E.O. 12898 (59 FR 7629, February 16, 1994).
    The documentation for this decision is contained in section 8.7 of
the RIA. Worst case discharges of hazardous substances from facilities
regulated by this action would likely pose disproportionate risks to
minority and low-income populations. EPA has concluded that the
regulatory requirements will advance fair treatment of those
populations, by reducing the disproportionate damages that worst case
discharges might otherwise inflict on underserved and overburdened
communities. To further ensure that the regulation is addressing needs
of those specific communities, this regulation would give authority to
RAs to regulate facilities which potentially affect communities of
environmental justice concern if they are otherwise not captured by the
proposed applicability criteria.
    The Agency's environmental justice screening tool, EJSCREEN, was
developed to combine environmental and demographic indicators to screen
communities for those at potentially greater risk of environmental
exposures. Here, EPA used EJSCREEN to combine information on the
universe of facilities with the potential to discharge into navigable
waters given their proximity. The Agency quantified facilities with
threshold quantities of CWA hazardous substances within a one-half mile
of navigable water (n=661), using available Tier II data from 17
states. Tier II data reporting is required under section 312 of EPCRA.
Tier II data is meant to provide State, tribal, and local officials,
and the public with specific information on potential hazards including
locations and amounts of hazardous chemicals present at a facility.
Tier II reporting includes all CWA hazardous substances. For this
analysis, EPA used Tier II data from the Clean Water Act Hazardous
Substances Discharge Prevention Rulemaking, Docket ID EPA-HQ-OLEM-2018-
0024.
    This environmental justice analysis shows that minority and low-
income populations are more likely to live in proximity to those
facilities (and thus are at greater risk) than other populations. EPA
found 46 percent of individuals in proximity (defined as living within
a one-half mile radius) to potentially regulated facilities are low-
income; the average in the United States population is 38 percent. Low-
income is defined here as less than twice the Census Bureau's poverty
threshold. EPA also found that 52 percent of people in proximity to
potentially regulated facilities are racial and ethnic minorities,
including any designation except for ``Non-Hispanic, White,'' which
includes those identifying as Hispanic white or as multiracial white.
The average in the United States population (overall) is 37 percent.
This is likely an underestimate given that the 17 states do not include
Texas and Louisiana: Two states which have known communities with
environmental justice concerns.

List of Subjects

40 CFR Part 118

    Environmental protection, Hazardous substances, Reporting and
recordkeeping requirements, Water pollution control.

40 CFR Part 300

    Environmental protection, Hazardous substances, Reporting and
recordkeeping requirements, Water pollution control

Michael S. Regan,
Administrator.

    For the reasons stated in the preamble, Title 40, chapter I, of the
Code of Federal Regulations is proposed to be amended as follows:

0
1. Add Part 118 to subchapter D to read as follows:

Subchapter D Water Programs

PART 118--CLEAN WATER ACT HAZARDOUS SUBSTANCES WORST CASE DISCHARGE
PLANNING REGULATIONS

Sec.
118.1 Purpose.
118.2 Definitions.
118.3 Applicability.
118.4 General requirements.
118.5 Regional Administrator determination of substantial harm and
significant and substantial harm.
118.6 Appeals process.
118.7 Petitions.

118.8 Exclusions and exemptions.
118.9 Mixtures.
118.10 Worst case discharges.
118.11 Facility response plan requirements.
118.12 Coordination activities.
118.13 Facility response training and drills/exercises.
Appendix A to Part 118: Certification Form
Appendix B to Part 118: Toxicity endpoints for calculating planning
distance for fish, wildlife and sensitive environments and public
receptors.

    Authority:  33 U.S.C. 1251 et seq., and Executive Order 11735,
superseded by Executive Order 12777, 56 FR 54757.

Sec.  118.1  Purpose.

    This part establishes Clean Water Act (CWA) hazardous substance
facility response plan requirements for the owner or operator of any
non-transportation-related onshore facility that, because of its
location, could reasonably be expected to cause substantial harm to the
environment by discharging CWA hazardous substances into or on the
navigable waters, adjoining shorelines, or the exclusive economic zone.

Sec.  118.2  Definitions.

    For the purposes of this part:
    Adverse weather means weather conditions that make it difficult for
response equipment and personnel to clean up or respond to discharged
CWA hazardous substances, accounting for the potential for increased
and more severe extreme weather events and other impacts due to climate
change, and that must be considered when identifying response systems
and equipment in a response plan for the applicable operating
environment.
    Article means a manufactured item that is formed to a specific
shape or design during manufacture, has end use functions dependent in
whole or in part upon the shape or design during end use, and does not
release or otherwise result in exposure to a CWA hazardous substance
under normal conditions of processing and use.
    Container means any device or portable device in which a CWA
hazardous substance is processed, stored, used, transported, treated,
disposed of, or otherwise handled.
    Contract or other approved means is defined as:
    (1) A written contractual agreement with a spill response
organization that identifies and ensures the availability of the
necessary personnel and equipment within appropriate response times;
    (2) A written certification by the owner or operator that the
necessary personnel and equipment resources, owned or operated by the
facility owner or operator, are available to respond to a discharge
within appropriate response times;
    (3) Active membership in a local or regional spill response
organization that has identified and ensures adequate access through
such membership to necessary personnel and equipment to respond to a
discharge within appropriate response times in the specified geographic
area; and/or
    (4) Any other specific arrangement approved by the Regional
Administrator upon request of the owner or operator.
    CWA Hazardous Substance means any hazardous substance designated in
40 CFR part 116.
    Discharge includes, but is not limited to, any spilling, leaking,
pumping, pouring, emitting, emptying, or dumping of a CWA hazardous
substance, but excludes: discharges in compliance with a permit under
section 402 of the CWA; discharges resulting from circumstances
identified, reviewed, and made a part of the public record with respect
to a permit issued or modified under section 402 of the CWA, and
subject to a condition in such permit; and continuous or anticipated
intermittent discharges from a point source, identified in a permit or
permit application under section 402 of the CWA, that are caused by
events occurring within the scope of relevant operating or treatment
systems.
    Distance to the endpoint is the distance a CWA hazardous substance
will travel before dissipating to the point that a worst case discharge
will no longer cause injury to public receptors or fish, wildlife, and
sensitive environments as in Appendix B or adversely impact a public
water system as in Sec.  118.3(c)(2).
    Endpoint means the concentration at which a worst case discharge no
longer has the ability to cause injury to public receptors or fish,
wildlife, and sensitive environments as in Appendix B or adversely
impact a public water system as in Sec.  118.3(c)(2).
    Facility means any non-transportation-related onshore mobile or
fixed building, property, parcel, lease, structure, installation,
equipment, pipe, or in-plant pipeline (other than a vessel or a public
vessel), used in CWA hazardous substance handling, production,
manufacturing, storage, processing, refining, transfer, distribution,
treatment, or in which any CWA hazardous substance is used. The
boundaries of a facility depend on several site-specific factors,
including but not limited to, the ownership or operation of buildings,
structures, and equipment on the same site and types of activity at the
site. Contiguous or non-contiguous buildings, properties, parcels,
leases, structures, installations, pipes, or pipelines under the
ownership or operation of the same person may be considered separate
facilities. Non-transportation-related onshore facility means any
facility of any kind located in, on, or under any land within the
United States and excludes movement of CWA hazardous substances in
interstate or intrastate commerce under active shipping papers by rail,
pipeline, highway vehicle, or vessel pursuant to 49 CFR 171-180.
    Fish, wildlife, and sensitive environments mean areas that may be
identified by their legal designation or by evaluations of Area
Committees (for planning) or members of the Federal On-Scene
Coordinator's spill response structure (during responses). These areas
may include wetlands, National and state parks, critical habitats for
endangered or threatened species, wilderness and natural resource
areas, marine sanctuaries and estuarine reserves, conservation areas,
preserves, wildlife areas, wildlife refuges, wild and scenic rivers,
recreational areas, national forests, Federal and state lands that are
research national areas, heritage program areas, land trust areas, and
historical and archaeological sites and parks. These areas may also
include unique habitats such as aquaculture sites and agricultural
surface water intakes, bird nesting areas, critical biological resource
areas, designated migratory routes, and designated seasonal habitats.
    Injury means a measurable adverse change, either long- or short-
term, in the chemical or physical quality or the viability of a natural
resource or public receptor resulting either directly or indirectly
from exposure to a discharge, or exposure to a product of reactions
(e.g., more hazardous degradation products, ignition, or reaction)
resulting from a discharge.
    Interconnected containers mean containers that are connected via
pipes, hoses, or other conveyance (either permanent or temporary) to
allow movement of a CWA hazardous substance between containers.
    Maximum extent practicable means within the limitations used to
determine CWA hazardous substance release planning resources for
recovery, shoreline protection, and cleanup for worst case discharges
from onshore non-transportation-related facilities in adverse weather.
It includes the planned capability to respond to a worst case
discharge, including a discharge resulting from fire or explosion, as
contained in a facility response plan that meets the requirements in
Sec.  118.11

or in a specific plan approved by the Regional Administrator.
    Maximum capacity onsite means the total aggregate container
capacity for each CWA hazardous substance present at all locations
within the entire facility at any one time.
    Mitigation or mitigation system(s) means specific activities,
technologies, or equipment designed or deployed to capture or control
substances upon loss of containment to minimize exposure of the public
or the environment. Passive mitigation means equipment, devices, or
technologies that function without human, mechanical, or other energy
input.
    Navigable waters mean waters of the United States, including the
territorial seas, as defined in 40 CFR 120.2, adjoining shorelines, and
the exclusive economic zone. Exclusive economic zone means the zone
contiguous to the territorial sea of the United States extending to a
distance up to 200 nautical miles from the baseline from which the
breadth of the territorial sea is measured.
    Offshore facility means any facility of any kind (other than a
vessel or public vessel) located in, on, or under any of the navigable
waters of the United States, and any facility of any kind that is
subject to the jurisdiction of the United States and is located in, on,
or under any other waters.
    Offsite means areas beyond the property boundary of a facility, and
areas within the property boundary to which the public has routine and
unrestricted access during or outside business hours.
    Onshore facility means any facility of any kind located in, on, or
under any land within the United States other than submerged land.
Furthermore, this extends to in, on, or under any submerged land as
delegated to the Environmental Protection Agency (EPA) pursuant to 40
CFR 112 Appendix B.
    Owner or operator means any person owning or operating an onshore
facility or an offshore facility, and in the case of any abandoned
offshore facility, the person who owned or operated or maintained the
facility immediately prior to such abandonment.
    Permanently closed means any container or facility for which:
    (1) All CWA hazardous substance and residue has been removed from
each container and connecting line; and
    (2) All connecting lines and piping have been disconnected from the
container and blanked off, all valves (except for ventilation valves)
have been closed and locked, and conspicuous signs have been posted on
each container stating that it is a permanently closed container and
noting the date of closure.
    Person includes an individual, firm, corporation, association, or
partnership.
    Planning distance means the distance to an endpoint such that a
worst case discharge of CWA hazardous substances to water from a
facility could adversely impact a public water system or cause injury
to fish, wildlife, and sensitive environments or public receptors, as
described in Sec.  118.10.
    Public receptors mean parks, recreational areas, docks, or other
public spaces inhabited, occupied, or used by the public at any time
where members of the public could be injured as a result of a worst
case discharge to navigable waters.
    Public vessel means a vessel owned or bareboat-chartered and
operated by the United States, or a state or political subdivision
thereof, or by a foreign nation, except when such vessel is engaged in
commerce.
    Public water system is a system as defined in 40 CFR 141.2. A
public water system is either a ``community water system'' or a ``non-
community water system.''
    Qualified individual (QI) means the individual having full
authority to implement response actions and required to initiate
immediate communications with the appropriate Federal official and the
persons providing personnel and equipment to respond, to the maximum
extent practicable, to a worst case discharge (including a discharge
resulting from fire or explosion) and to mitigate or prevent a
substantial threat of such a discharge.
    Regional Administrator means the Regional Administrator of the EPA,
in and for the Region in which the facility is located.
    Respond or response means containment, removal, remediation,
neutralization, source control, mechanical recovery, bioremediation, or
other release countermeasures, in accordance with the applicable
Regional Contingency Plan and Area Contingency Plan, of the CWA
hazardous substances from the water and adjoining shorelines or the
taking of such other actions that may be necessary to prevent,
minimize, or mitigate damage to the public health or welfare,
including, but not limited to, persons, fish, shellfish, wildlife,
public water systems, and public and private property, shorelines, and
beaches.
    Reportable quantities mean quantities that may be harmful as set
forth in Sec.  117.3, the discharge into the environment during a 24-
hour period, which is a violation of Clean Water Act section 311(b)(3)
and requires notice as set forth in Sec.  117.21.
    Response equipment means equipment (including firefighting
equipment), or other mitigating substances and devices, available to an
owner or operator and Federal, state, and local or Tribal agencies,
designed or used to ensure an effective and immediate response to a
discharge, and to ensure mitigation or prevention of a substantial
threat of a discharge.
    Response resources means the personnel, equipment, supplies, and
other capability necessary to perform the response activities
identified in the facility response plan required under this part.
    Source water protection area: The area delineated by the state for
a public water system or including numerous public water systems,
whether the source is ground water or surface water or both, as part of
the state Source Water Assessment Program approved by EPA under section
1453 of the Safe Drinking Water Act (42 U.S.C. 300j-13).
    Spill response organization (SRO) means an entity that provides
spill response resources to mitigate or remove CWA hazardous substances
from the environment and mitigate associated impacts.
    Transportation or transport means the movement of property and
loading, unloading, or storage incidental to movement pursuant to 49
CFR 171-199.
    Transportation-related onshore facility means any facility of any
kind, in, on, or under any land within the United States which provides
movement or conveyances of CWA hazardous substances in interstate or
intrastate commerce by rail, pipeline, highway vehicle, or vessel
pursuant to 49 CFR 171-199.
    United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, the U.S. Virgin Islands, and the Pacific
Island Governments.
    Vessel means every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of
transportation on water other than a public vessel.
    Water distribution system means a system which delivers potable
water to many end users and has a source of water, a treatment plant to
make the water drinkable, storage facility to keep water until it is
needed and distribution system to deliver water to the end user.
    Worst case discharge for an onshore non-transportation-related
facility means the largest foreseeable discharge in adverse weather
conditions including

a discharge resulting from fire or explosion.

Sec.  118.3  Applicability.

    This part applies to the owner or operator of any non-
transportation-related onshore facility that, because of its location,
could reasonably be expected to cause substantial harm to the
environment by discharging CWA hazardous substances into or on the
navigable waters by meeting the following criteria:
    (a) Threshold quantity. The maximum capacity onsite for any CWA
hazardous substance listed at 40 CFR 116.4, at any one time, meets or
exceeds 10,000 times the Reportable Quantity in pounds (kilograms)
found at 40 CFR 117.3. Do not include any exemptions identified in
Sec.  118.8 or permanently closed containers in this determination. To
calculate the threshold quantities of CWA hazardous substances in
mixtures, follow the procedures in Sec.  118.9; and
    (b) Proximity to navigable waters. The facility is located within
one-half mile of navigable waters or a conveyance to navigable waters;
and
    (c) Substantial harm criteria. The facility meets one or more of
the following substantial harm criteria:
    (1) Ability to cause injury to fish, wildlife, and sensitive
environments. The facility is located at a distance to an endpoint as
calculated using a planning distance in Sec.  118.10(b) such that a
worst case discharge from the facility could cause injury to fish,
wildlife, and sensitive environments. For identification of fish,
wildlife, and sensitive environments, facilities shall use the
applicable Area Contingency Plan prepared pursuant to section 311(j)(4)
of the Clean Water Act, in addition to identifying other areas pursuant
to the definition in Sec.  118.2;
    (2) Ability to adversely impact a public water system. The facility
is located at a distance to an endpoint such that a discharge from the
facility could adversely impact a public water system. Ability to
adversely impact a public water system includes a concentration of a
CWA hazardous substance reaching a public water system which:
    (i) Violates any National Primary Drinking Water Standard or State
Drinking Water Regulation, such as an exceedance of a Maximum
Contaminant Level at the point of compliance. If the facility is unable
or unwilling to work with the public water system to determine the
point of compliance, the facility shall use the water intake;
    (ii) Compromises the ability of the public water system to produce
water that complies with any National Primary Drinking Water Standard
or State Drinking Water Regulation;
    (iii) Results in adverse health impacts in people exposed to the
maximum concentration that could enter a drinking water distribution
system;
    (iv) Contaminates public water system infrastructure, including but
not limited to intake structures, treatment facilities, and drinking
water distribution systems, or premise plumbing systems to a degree
that requires remediation to restore system components to acceptable
performance;
    (v) Impairs the taste, odor, or other aesthetic characteristic of
the water entering a drinking water distribution system to a degree
that could make the water unacceptable to consumers and that could
prompt the public water system to issue use restrictions;
    (3) Ability to cause injury to public receptors. The facility is
located at a distance to an endpoint as calculated using a planning
distance in Sec.  118.10(b) such that a discharge to navigable water
from the facility could cause injury to a public receptor as defined in
Sec.  118.2; or
    (4) Reportable discharge history. The facility has had a reportable
CWA hazardous substance discharge under Sec.  117.21 within the last
five years.

Sec.  118.4  General requirements.

    (a) Preparation and submission of facility response plans. The
owner or operator of any facility meeting the applicability
requirements of Sec.  118.3 shall prepare and submit a facility
response plan to the EPA, according to the following provisions:
    (1) Initially regulated facilities. The owner or operator of a
facility in operation on the effective date of the final rule that
satisfies the criteria in Sec.  118.3 or that is notified by the
Regional Administrator pursuant to Sec.  118.5 shall prepare and submit
a facility response plan that satisfies the requirements of this
section to the Regional Administrator within 12 months of meeting the
criteria or notification.
    (2) Newly regulated facilities. The owner or operator of a facility
in operation after the effective date of the final rule that satisfies
the criteria in Sec.  118.3 or that is notified by the Regional
Administrator pursuant to Sec.  118.5 shall prepare and submit a
facility response plan that satisfies the requirements of this section
to the Regional Administrator within six months of meeting the criteria
or notification, but no sooner than 12 months after the effective date
of the final rule.
    (3) Newly constructed facilities. For a newly constructed facility
that commences operation after the effective date of the final rule,
and is required to prepare and submit a facility response plan based on
the criteria in Sec.  118.3, the owner or operator shall submit the
facility response plan to the Regional Administrator prior to the start
of operations, but no sooner than 12 months after the effective date of
the final rule. Adjustments to the facility response plan to reflect
changes that occur at the facility during the start-up phase of
operations must be submitted to the Regional Administrator after an
operational trial period of 60 days.
    (4) Facilities regulated as a result of a planned event or change.
For a facility required to prepare and submit a facility response after
the effective date of the final rule as a result of a planned change in
design, construction, operation, or maintenance so that the facility
now meets the criteria in Sec.  118.3, the owner or operator shall
submit the facility response plan to the Regional Administrator before
the portion of the facility undergoing the planned change commences
operations, but no sooner than 12 months after the effective date of
the final rule (adjustments to the facility response plan to reflect
changes that occur at the facility during the start-up phase of
operations must be submitted to the Regional Administrator after an
operational trial period of 60 days).
    (5) Facilities regulated as a result of an unplanned event or
change. For a facility required to prepare and submit a facility
response plan after the effective date of the final rule, as a result
of an unplanned event or change in facility characteristics that
renders the facility subject to the criteria in Sec.  118.3, the owner
or operator shall submit the facility response plan to the Regional
Administrator within six months of the unplanned event or change, but
no sooner than 12 months after the effective date of the final rule.
    (b) Facility response plan amendments.
    (1) The owner or operator of a facility for which a facility
response plan is required under this part shall revise and resubmit
revised portions of the facility response plan within 60 days of each
facility change that materially may affect the response to or potential
for a worst case discharge, including:
    (i) A change in the facility's configuration that materially alters
the information included in the facility response plan;
    (ii) A change in the CWA hazardous substance maximum capacity
onsite (e.g., commissioning or decommissioning of containers;
replacement, reconstruction, or

movement of containers) that materially alters the required response
resources;
    (iii) A material change in capabilities of the spill response
organization(s) that provide equipment and personnel to respond to
discharges of CWA hazardous substances described in Sec.  118.11(a)(3);
    (iv) A material change in the facility's discharge mitigation and
response equipment or emergency response procedures; and
    (v) Any other changes that materially affect the implementation of
the facility response plan.
    (2) Except as provided in paragraph (b) of this section, amendments
to information in the facility response plan (such as personnel,
contact information, or changes in the spill response organization(s))
that do not result in a material change in response capabilities do not
require review and approval by the Regional Administrator. Facility
owners or operators shall provide a copy of such changes to the
Regional Administrator as the revisions occur.
    (3) The owner or operator of a facility that submits changes to a
facility response plan as provided in the preceding paragraphs of this
section shall provide the EPA-issued facility identification number
(where one has been assigned, such as Facility Registry Service number)
with the changes.
    (4) The Regional Administrator shall review and approve or
disapprove changes to a facility response plan submitted pursuant to
the requirements in paragraph (b)(1) of this section for a facility
that he or she has determined pursuant to Sec.  118.5(c) to have the
potential to cause significant and substantial harm to human health or
the environment.
    (c) Substantial harm certification form submission. If the facility
meets the criteria in Sec.  118.3(a) and (b), the owner or operator
must:
    (1) Complete and submit to the EPA Regional Administrator the
substantial harm certification form in Appendix A to this part within
12 months of the effective date of the final rule or, for new
facilities, within one month of meeting the criteria in Sec.  118.3(a)
and (b), but not sooner than 12 months after the effective date of the
final rule. Owner or operators must retain their completed Appendix A
and supporting documentation for the duration that the CWA hazardous
substance maximum capacity onsite is at or exceeds the threshold
quantity and for an additional 10 years.
    (2) Attach to the form documentation, calculations, and any other
information necessary to demonstrate the reliability and analytical
soundness of the substantial harm determination as well as a review of
potential receptors that could be impacted as a result of a CWA
hazardous substance discharge.
    (3) Submit to the EPA Regional Administrator updates to the
substantial harm certification every five years, or within 60 days of a
change at or outside the facility that impacts the facility's potential
to cause substantial harm to the environment in accordance with the
criteria in Sec.  118.3.
    (d) Assertion of claims of confidential business information.
    (1) Except as provided in paragraph (2) of this section, an owner
or operator of a facility required to submit a facility response plan
or otherwise provide information under this part may make a claim of
confidential business information for any such information that meets
the criteria set forth in Sec.  2.302 of this chapter.
    (2) Notwithstanding the provisions of 40 CFR part 2, an owner or
operator of a facility subject to this part may not claim as
confidential business information the following information:
    (i) Data required by Sec.  118.11 (b); and
    (ii) Data required in Appendix A of this part, excluding the
supporting documentation.
    (iii) Notwithstanding the procedures specified in 40 CFR part 2, an
owner or operator asserting a claim of CBI with respect to information
contained in its facility response plan as per Sec.  118.11, shall
submit to EPA at the time it submits the facility response plan the
following:
    (A) The information claimed confidential, provided in a format to
be specified by EPA;
    (B) A sanitized (redacted) copy of the facility response plan, with
the notation ``CBI'' substituted for the information claimed
confidential, except that a generic category or class name shall be
substituted for any chemical name or identity claimed confidential; and
    (C) The document or documents substantiating each claim of
confidential business information, as described in paragraph (e) of
this section.
    (e) Substantiating claims of confidential business information.
    (1) An owner or operator claiming that information is confidential
business information must substantiate that claim by providing
documentation that demonstrates that the claim meets the substantive
criteria set forth in Sec.  2.302 of this chapter.
    (2) Information that is submitted as part of the substantiation may
be claimed confidential by marking it as confidential business
information. Information not so marked will be treated as public and
may be disclosed without notice to the submitter. If information that
is submitted as part of the substantiation is claimed confidential, the
owner or operator must provide sanitized and unsanitized versions of
the substantiation.
    (3) The owner, operator, or senior official with management
responsibility at the facility shall sign a certification that the
signer has personally examined the information submitted and that based
on inquiry of the persons who compiled the information, the information
is true, accurate, and complete, and that those portions of the
substantiation claimed as confidential business information would, if
disclosed, reveal trade secrets or other confidential business
information.

Sec.  118.5   Regional Administrator determination of substantial harm
and significant and substantial harm.

    (a) Regional Administrator authority to require facility response
plans. The Regional Administrator may at any time require the owner or
operator of any non-transportation-related onshore facility to prepare
and submit a facility response plan under this section after
considering the factors in paragraph (b) of this section. If such a
determination is made, the Regional Administrator shall notify the
facility owner or operator in writing and shall provide a basis for the
determination. If the Regional Administrator notifies the owner or
operator in writing of the requirement to prepare and submit a facility
response plan under this section, the owner or operator of the facility
shall submit the facility response plan to the Regional Administrator
within six months of receipt of such written notification but no sooner
than 12 months after the effective date of the final rule.
    (b) Regional Administrator substantial harm determination. To
determine whether a facility could, because of its location, reasonably
be expected to cause substantial harm to the environment by a
discharge, or substantial threat of a discharge, of CWA hazardous
substances to navigable waters, the Regional Administrator may consider
the following:
    (1) Type of transfer operation(s);
    (2) CWA hazardous substance quantity and category as determined in
40 CFR 117.3 stored onsite;
    (3) Proximity to fish, wildlife, and sensitive environments and
other areas determined by the Regional Administrator to possess
ecological value;
    (4) Ability to adversely impact public water systems as described
in Sec.  118.3(c)(ii);

    (5) Location in a source water protection area;
    (6) Ability to cause substantial harm to public receptors due to a
worst case discharge to navigable waters;
    (7) Lack of passive mitigation measures or systems, including those
that enhance resilience to climate change;
    (8) Potential for a worst case discharge to adversely impact
communities with environmental justice concerns;
    (9) Potential vulnerability to adverse weather conditions resulting
from climate change;
    (10) Reportable discharge history; or
    (11) Other site-specific characteristics and environmental factors
that the Regional Administrator determines to be relevant to protecting
the public or environment from harm by discharges, or a substantial
threat of discharge, of CWA hazardous substances into or on navigable
waters.
    (c) Regional Administrator responsibilities for significant and
substantial harm facilities. The Regional Administrator shall review
facility response plans submitted by facilities meeting the
applicability requirements of Sec.  118.3 to determine whether the
facility could, because of its location, reasonably be expected to
cause significant and substantial harm to the environment by a
discharge, or a substantial threat of discharge, of CWA hazardous
substances into or on the navigable waters based on the factors
identified in paragraph (d) of this section. If such a determination is
made, the Regional Administrator shall notify the owner or operator of
the facility in writing and:
    (1) Promptly review the facility response plan;
    (2) Require amendments to any facility response plan that does not
meet the requirements of this section;
    (3) Approve any facility response plan that meets the requirements
of this section; and
    (4) Review each facility response plan periodically thereafter on a
schedule established by the Regional Administrator.
    (d) Regional Administrator significant and substantial harm
determination. To determine whether a facility could, because of its
location, reasonably be expected to cause significant and substantial
harm to the environment by discharging a CWA hazardous substance into
or on the navigable waters, the Regional Administrator shall consider
the factors in paragraph (b) of this section and Sec.  118.3(c), as
well as the following:
    (1) Frequency of past reportable discharges;
    (2) Proximity to navigable waters;
    (3) Age of containers and equipment;
    (4) Potential for hazards such as flooding, hurricanes,
earthquakes, or other disasters that could result in a worst case
discharge; and
    (5) Other facility-specific and Region-specific information,
including local impacts on public health.

Sec.  118.6   Appeals process.

    (a) Owner or operator request to reconsider requirement to prepare
a facility response plan. In the event the owner or operator of a
facility does not agree with the Regional Administrator's determination
that the facility could, because of its location, reasonably be
expected to cause substantial harm or significant and substantial harm
to the environment by discharging CWA hazardous substances into or on
the navigable waters, or that amendments to the facility response plan
are necessary prior to approval, such as changes to the worst case
discharge planning quantity, the owner or operator may submit a request
for reconsideration to the Regional Administrator and provide
additional information and data in writing to support the request. The
request and accompanying information must be submitted to the Regional
Administrator within 60 days of receipt of notice of the Regional
Administrator's original decision. The Regional Administrator shall
consider the request and render a decision as soon as practicable.
    (b) Owner or operator request to reconsider facility classification
status. In the event the owner or operator of a facility believes a
change in the facility's classification status is warranted because of
an unplanned event or change in the facility's characteristics (i.e.,
substantial harm or significant and substantial harm), the owner or
operator may submit a request for reconsideration to the Regional
Administrator and provide additional information and data in writing to
support the request. The Regional Administrator shall consider the
request and render a decision as soon as practicable.
    (c) Appeal process following Regional Administrator decision. After
a request for reconsideration under paragraph (a) or (b) of this
section has been denied by the Regional Administrator, an owner or
operator may appeal a determination made by the Regional Administrator.
The appeal shall be made to the EPA Administrator and shall be made in
writing within 60 days of receipt of the decision from the Regional
Administrator that the request for reconsideration was denied. A
complete copy of the appeal must be sent to the Regional Administrator
at the time the appeal is made. The appeal shall contain a clear and
concise statement of the issues and points of fact in the case. It also
may contain additional information from the owner or operator, or from
any other person. The EPA Administrator may request additional
information from the owner or operator, or from any other person. The
EPA Administrator shall render a decision as soon as practicable and
shall notify the owner or operator of the decision, at which time the
owner or operator must submit a Facility Response Plan within 60 days.

Sec.  118.7   Petitions.

    (a) Any person, including a member of the public or any
representative from a Federal, state, or local agency who believes that
a facility subject to this section could, because of its location,
reasonably be expected to cause substantial harm to the environment by
a discharge, or substantial threat of a discharge, of CWA hazardous
substance into or on the navigable waters may petition the Regional
Administrator to determine whether the facility meets the criteria in
section Sec.  118.3. Such a petition shall include a discussion of how
the factors in Sec.  118.3 apply to the facility in question. The
Regional Administrator shall consider such petitions and respond as
soon as practicable.

Sec.  118.8  Exceptions and exemptions.

    (a) Exceptions. This part does not apply to the owner or operator
of any facility, equipment, or operation that is not subject to the
jurisdiction of the EPA under section 33 U.S.C. 1321(j)(5)(C), as
follows:
    (1) Any onshore facility, that due to its location, could not
reasonably be expected to have a discharge, or substantial threat of a
discharge, as described in Sec.  118.3. This determination must be
based solely upon consideration of the geographical and location
aspects of the facility (such as proximity to navigable waters, land
contour, drainage, etc.) and must exclude consideration of manmade
features such as dikes, equipment, or other structures, which may serve
to restrain, hinder, contain, or otherwise prevent a discharge.
    (2) Any equipment, or operation of a vessel or transportation-
related onshore facility which is subject to the authority and control
of the U.S. Department of Transportation, and which provides movement
or conveyances of CWA hazardous substances in interstate or intrastate
commerce by rail, pipeline,

highway vehicle, or vessel. For modes other than pipeline, this
exception is limited to movement under active shipping papers prior to
arrival at a final destination pursuant to 49 CFR 171-180.
    (3) Any equipment, or operation of a vessel or onshore or offshore
facility which is subject to the authority and control of the U.S.
Coast Guard or the U.S. Department of the Interior, as defined in the
Memorandum of Understanding between the Secretary of Transportation,
the Secretary of the Interior, and the Administrator of EPA (40 CFR
part 112, Appendix B).
    (4) Any underground storage tank and connected underground piping,
underground ancillary equipment, and containment systems, at any
facility, that is subject to all of the technical requirements of part
280 of this chapter or a state program approved under part 281 of this
chapter.
    (b) Exemptions. For the purposes of determining whether the maximum
capacity onsite meets or exceeds the threshold quantity of a CWA
hazardous substance or substances, under Sec.  118.3(a), at the
facility, the following exemptions apply:
    (1) Articles. CWA hazardous substances contained in articles need
not be considered when determining whether the maximum capacity onsite
meets or exceeds the threshold quantity.
    (2) Uses. CWA hazardous substances, when in use for the following
purposes, need not be included in determining whether the maximum
capacity onsite meets or exceeds the threshold quantity:
    (i) Structural components. Use as a structural component of the
facility;
    (ii) Janitorial. Use of products for routine janitorial
maintenance;
    (iii) Foods, drugs, cosmetics. Use by employees of foods, drugs,
cosmetics, or other personal items containing the CWA hazardous
substance;
    (iv) Process water or cooling water. Use of CWA hazardous
substances present in process water or non-contact cooling water as
drawn from the environment or municipal sources;
    (v) Compressed air. Use of CWA hazardous substances present in air
used either as compressed air or as part of combustion; and
    (vi) Retail and personal uses. Use for personal, family, or
household purposes, or present in the same form and concentration as a
product packaged for distribution and use by the general public.
Present in the same form and concentration as a product packaged for
distribution and use by the general public means a CWA hazardous
substance packaged in a similar manner and present in the same
concentration as the substance when packaged for use by the general
public, whether or not it is intended for distribution to the general
public or used for the same purpose as when it is packaged for use by
the general public.

Sec.  118.9   Mixtures.

    For the purposes of determining the CWA hazardous substance maximum
capacity onsite at the facility of CWA hazardous substance(s), under
Sec.  118.3(a), the following provisions apply to CWA hazardous
substances mixtures:
    (a) If the quantity of all of the CWA hazardous substance
constituent(s) of the mixture or solution is known, the mixture meets
the threshold quantity when the maximum capacity onsite, as defined in
Sec.  118.2, meets or exceeds the threshold quantity of any CWA
hazardous substance in the mixture by extrapolating the amount of each
constituent to the full capacity of the container.
    (b) If the quantity of one or more of the CWA hazardous substance
constituent(s) of the mixture or solution is unknown, the mixture meets
the threshold when the maximum capacity onsite of the mixture or
solution meets or exceeds the quantity for the CWA hazardous substance
established in section Sec.  118.3(a) with the lowest threshold
quantity by extrapolating the amount of the known constituent(s) to the
full capacity of the container.

Sec.  118.10   Worst case discharge.

    Facilities are required to model a worst case discharge scenario;
calculate endpoint distances to fish, wildlife, and sensitive
environments and public receptors; and compare endpoint
concentration(s) against calculated concentration(s). The worst case
discharge scenario represents the single CWA hazardous substance
maximum capacity onsite that meets or exceeds the threshold quantity
set in Sec.  118.3(a) that equals the largest quantity following the
below parameters:
    (a) Determination of worst case discharge quantity. The worst case
discharge quantity shall be the greater of the following:
    (1) For CWA hazardous substances in separate containers, the
maximum capacity of a single container;
    (2) For CWA hazardous substances in interconnected containers, the
maximum capacity of a group of interconnected containers; or
    (3) For substances in pipes, the maximum capacity of a pipe or
interconnected pipes, and the owner or operator must provide evidence
in the facility response plan that containers with common piping or
piping systems are not operated as one unit.
    (4) For mixtures of CWA hazardous substances, assume the entire
capacity of the container, interconnected containers, or pipes or
interconnected pipes hold(s) the CWA hazardous substance with the
lowest RQ.
    (b) Planning distance determinations. To determine the distance to
endpoints for fish, wildlife, and sensitive environments, public water
systems, and public receptors as referenced in Sec.  118.3(c), a
facility shall use a methodology, model, or other technique that
accounts for facility-specific conditions and accounts for the stated
requirements in this paragraph. A facility may use proprietary models,
provided that the owner or operator allows EPA access to the model,
submits documentation that demonstrates the reliability and analytical
soundness of the methodology used, and describes the model's features
to local emergency planners, upon request.
    (1) Endpoints for fish, wildlife, and sensitive environments are
provided in Appendix B of this part.
    (2) Endpoints for public receptors are provided in Appendix B of
this part.
    (3) In determining the distance to endpoints, owners or operators
shall consider the following parameters:
    (i) Factors affecting overland transport including:
    (A) Nearest opportunity for discharge to navigable waters;
    (B) Ground conditions which may include topography of the
surrounding area, drainage patterns, land use coverage, impervious
cover, soil distribution or porosity, and soil absorption rate or soil
saturation during adverse weather conditions; and
    (C) Properties of the CWA hazardous substance, which may include
evaporation rate based on wind speed; atmospheric stability, ambient
temperature, pressure, and humidity; reactivity with rainwater and/or
other substances; ignitability and explosive potential; flooding; and
pooling.
    (ii) Factors affecting in-water transport including:
    (A) Point of entry to navigable water;
    (B) Flow rate and duration of the discharge;
    (C) Direction of the discharge at the point of entry;
    (D) Surface versus underwater entry; and
    (E) Conditions of the receiving water including the velocity of the
navigable water which may be affected by: Slope of the river; hydraulic
radius; turbulence and potential for cross-channel mixing; Manning's
Roughness coefficient; differentiation of still, tidal

or moving waters; currents; wave height; tidal influence; and water
temperature and salinity.
    (iii) Adverse weather conditions, which shall be calculated based
on adverse winds, currents, and/or river stages, over a range of
seasons, weather conditions, and river stages.
    (iv) Properties of the CWA hazardous substance such as solubility
in water, speciation in water, density (relative to water), polarity,
vapor pressure, reactivity with water and common solutes in natural
waterbodies, human toxicity, mammalian toxicity, aquatic toxicity, and
flammability.

Sec.  118.11  Facility response plan requirements.

    (a) General requirements. A written plan that complies with other
Federal contingency plan regulations or is consistent with the approach
in the National Response Team's Integrated Contingency Plan Guidance
(``One Plan'') and that includes the elements provided in this section
shall satisfy the requirements. The owner or operator may augment an
existing plan with these required elements. All facility response plans
must include the following:
    (1) Consistency With National Contingency Plan and Area Contingency
Plans. Plans must be consistent with the requirements of the National
Oil and Hazardous Substance Pollution Contingency Plan (40 CFR part
300) and applicable Area Contingency Plans prepared pursuant to section
311(j)(4) of the Clean Water Act.
    (i) The owner or operator shall review relevant portions of the
National Oil and Hazardous Substances Pollution Contingency Plan and
applicable Area Contingency Plan annually and, if necessary, revise the
facility response plan to ensure consistency with these plans.
    (2) Qualified individual. Identify the qualified individual having
full authority to implement response actions and require immediate
communications between that individual and the appropriate Federal
official and the persons providing personnel and equipment, with a
description of duties including:
    (i) Activate internal alarms and hazard communication systems to
notify all facility personnel;
    (ii) Notify all response personnel, as needed;
    (iii) Identify the character, exact source, amount, and extent of
the discharge, as well as the other items needed for notification;
    (iv) Notify and provide necessary information to the appropriate
Federal, state, and local authorities with designated response roles,
including the National Response Center, State Emergency Response
Commission or Tribal Emergency Response Commission, and Local Emergency
Planning Committee or Tribal Emergency Planning Committee;
    (v) Notify and provide necessary information to public water
systems that may be impacted by a discharge;
    (vi) Assess the interaction of the discharged CWA hazardous
substance with water, solutes in water, water treatment chemicals, and/
or other substances stored at the facility and notify response
personnel at the scene of that assessment;
    (vii) Assess the possible hazards to human health and the
environment due to the discharge. This assessment must consider both
the direct and indirect effects of the discharge (i.e., the effects of
any toxic, irritating, or asphyxiating gases that may be generated, or
the effects of any hazardous surface water runoffs from water or
chemical agents used to control fire and heat-induced explosion) and
initiate appropriate monitoring;
    (viii) Implement prompt response actions to contain and respond, to
the maximum extent practicable, to the CWA hazardous substance
discharged;
    (ix) Coordinate rescue and response actions as previously arranged
with all response personnel;
    (x) Use authority to immediately access company funding to initiate
cleanup activities;
    (xi) Direct cleanup activities until properly relieved of this
responsibility; and
    (xii) Acquire and maintain incident commander training requirements
consistent with 29 CFR 1910.120(q)(6)(v).
    (3) Response resources. Identify, and ensure by contract or other
approved means, the availability of private personnel and equipment
necessary to respond to the maximum extent practicable to a worst case
discharge of CWA hazardous substances (including a discharge resulting
from fire or explosion), and to mitigate or prevent a substantial
threat of such a discharge;
    (4) Training, testing and drills. Describe the training, equipment
testing, periodic unannounced drills, and response actions of persons
at the facility to be carried out under the plan to ensure facility
safety and to mitigate or prevent the discharge, or the substantial
threat of a discharge; and,
    (5) Plan updates. Review and update facility response plan
periodically and resubmit to the Regional Administrator for approval of
each significant change.
    (b) Emergency response information. The facility response plan
shall include:
    (1) Facility information. Facility details including the facility
name; latitude and longitude; street address, with city, state, and zip
code; telephone number; and facility location information described in
a manner that would aid a reviewer and a responder in locating the
facility;
    (2) Owner or operator information. Contact information to include
name and preferred contact method;
    (3) Hazard evaluation. Hazard evaluation for worst case discharge
and risk-based decision support system shall include:
    (i) Chemical-specific information, including the response
considerations, health hazards, fire hazards, chemical reactivity,
hazard classifications, and physical and chemical properties; potential
effects of a CWA hazardous substance worst case discharge on the
ability to adversely impact a public water system; ability to cause
injury to fish, wildlife, and sensitive environments; and ability to
cause injury to public receptors; impacts to communities with
environmental justice concerns; and impacts of climate change,
including but not limited to increased flooding or subsidence, sea
level rise, wildfires, and increased vulnerability to and changes in
the frequency of natural disasters. Illustrative diagrams of the hazard
evaluation should be included in the hazard evaluation.
    (ii) This section of the plan must outline processes that will help
responders make decisions relating to the identification, evaluation,
and control of risks to human health and the environment following a
CWA hazardous substance discharge. The processes outlined below do not
need to be scenario-specific but can be generic in nature. At a
minimum, the processes must include all the following:
    (A) Risk identification--describe the process that will be used to
determine the extent and route of CWA hazardous substance exposure to
humans and the environment including location of containers and their
contents;
    (B) Risk characterization--describe the process that will be used
to establish relative degrees of risk and prioritizing risks;
    (C) Risk control--describe the process that will be used to
determine feasible response methods to mitigate CWA hazardous substance
discharge impacts on human health and the environment; and
    (D) Risk communication--describe the process that will be used to
communicate information resulting

from paragraphs (A), (B), and (C) of this section to parties internal
and external to response activities.
    (4) Reportable discharge history. Discharges reported under 40 CFR
part 117.21 that reached navigable water with additional data including
date, time, and discharge duration; CWA hazardous substance(s)
discharged; estimated quantity discharged in pounds; quantity
discharged that reached navigable water in pounds; the type of
discharge event and its source; weather conditions; on-site impacts;
offsite impacts; initiating event; description of how the discharge was
detected; clean-up actions taken, steps taken to reduce the possibility
of recurrence; and contributing factors;
    (5) Response personnel and equipment. The identity and a
description of response personnel and equipment and response action
implementation necessary to respond to the maximum extent practicable
to a worst case discharge of a CWA hazardous substance described in
Sec.  118.10, and to mitigate or prevent a substantial threat of a
worst case discharge;
    (6) Contracts. Evidence of contracts or other approved means as per
the definition in Sec.  118.2 to ensure the availability of proper
response personnel and equipment;
    (7) Notifications. A list of the identities, contact information,
and preferred communication method(s) of individuals or organizations
to be notified in the event of a discharge so that immediate
communications and liaising between the qualified individual identified
in paragraph (a)(2) of this section and the appropriate Federal
officials; state, local, or Tribal response organizations; and persons
providing response personnel and equipment can be ensured, and a
description of communication methods. Notification shall include but
not be limited to the: National Response Center, qualified individual,
facility response team, Federal On-Scene Coordinator and/or Regional
Response Center, local response team (fire department or cooperatives),
fire marshal, the State Emergency Response Commission or Tribal
Emergency Response Commission, state police, Local Emergency Planning
Committee or Tribal Emergency Planning Committee, downstream public
water systems, local television/radio stations for evacuation
notification, local hospitals, and any other potential receptor or
interested party who could be impacted by a discharge;
    (8) Discharge information. A description of information to pass to
response personnel in the event of a reportable discharge, including
specifics about the event, CWA hazardous substance name and quantity
discharged, possible areas and receptors affected, potential routes of
transport, distance(s) to nearby waterways and conveyances, any data on
the characteristics of the CWA hazardous substance and other hazardous
substances in proximity, ignition sources, and any other information
that may be helpful to responders and the public;
    (9) Personnel roles and responsibilities. A description of response
personnel capabilities, including the duties of persons at the facility
during a response action and their response times, training, and
qualifications;
    (10) Response equipment information. A description of the
facility's response equipment, the location of the equipment, last
inspection or response equipment test date, inspection frequency, last
deployment drill date, deployment frequency, response times, and
equipment testing;
    (11) Evacuation plans. Facility-wide plans for evacuation including
a diagram and a reference to and coordination with community evacuation
plans, as appropriate, and considering locations of CWA hazardous
substances and their risks when discharged; anticipated flow direction;
water conditions; emergency response personnel and equipment arrival
routes; limitations on evacuation routes; transportation of injured
personnel to nearest emergency medical facility; location of alarm/
notification systems; check-in areas for evacuation validation; command
center location; and location of shelter at the facility as an
alternative to evacuation;
    (12) Discharge detection systems. Procedures and equipment used to
detect discharges, as well as detect and monitor any hazardous air
releases resulting from discharges to navigable water, including
personnel or automatic discharge detection for regular and afterhours
operations by CWA hazardous substance, reliability checks, and
inspection frequency;
    (13) Response actions. Response actions to be carried out by
facility personnel or contracted personnel under the facility response
plan to ensure the safety of the facility and to mitigate or prevent
discharges described in Sec.  118.10 or the substantial threat of such
discharges, including immediate response actions for personnel safety,
personal protective equipment use, facility personnel responsibilities
by job title, facility personnel actions, facility personnel
information gathering assignments for response personnel, and facility
responsibilities to mitigate a CWA hazardous substance incident. For
air or water sampling or monitoring, include personnel responsibilities
for recordkeeping, procedures for sharing real time data with response
personnel and the public, personal protective equipment requirements,
and safety procedures;
    (14) Disposal plans. Plans to dispose of contaminated cleanup
materials, if appropriate to the material, including how and where the
facility intends to recover, reuse, decontaminate, treat, and/or
dispose of materials after a discharge has taken place and plans for
temporary storage of recovered materials as well as the appropriate
permits required to manage recovered materials according to local,
state, and Federal requirements. The disposal plan must account for
recovered product; contaminated soil and water; contaminated equipment
and materials, including drums, tank parts, valves, and shovels;
personal protective equipment; decontamination solutions; adsorbents;
and spent chemicals;
    (15) Containment measures. Measures to provide adequate containment
and drainage of discharged CWA hazardous substances including
containment volumes, draining routes from storage and transfer areas,
materials used to construct drainage troughs, number and types of
valves and separators used in the drainage system, sump pump
capacities, containment capacity of weirs and booms and their
locations, and other cleanup materials;
    (16) Training procedures. Training procedures as per Sec.  118.13;
    (17) Exercise procedure. Exercise procedures as per Sec.  118.13
and the schedule set under Sec.  118.12(c); and
    (18) Self-inspection. Written procedures and records of inspections
for including an inspection checklist and method to record the
inspection date and findings, to be retained for five years.

Sec.  118.12  Coordination Activities.

    The facility response plan shall be coordinated with the local
emergency response plan developed by the Local Emergency Planning
Committee or Tribal Emergency Planning Committee under section 303 of
title III of the Superfund Amendments and Reauthorization Act of 1986
(42 U.S.C. 11001 et seq.). Upon request, the owner or operator shall
provide a copy of the facility response plan to the Local Emergency
Planning Committee, Tribal Emergency Planning Committee, State
Emergency Response Commission, or

Tribal Emergency Response Commission. The owner or operator of a
facility shall coordinate response needs with local emergency planning
and response organizations to determine how the facility is addressed
in the community emergency response plan and to ensure that local
response organizations are aware of the CWA hazardous substances at the
facility, their quantities, the risks presented, and the resources and
capabilities provided by the facility to respond to a worst case
discharge of a CWA hazardous substance.
    (a) Coordination shall occur at least annually, and more frequently
if necessary, to address changes at the facility, in the facility
response plan, and/or in the community emergency response plan.
    (b) Coordination shall include providing to the appropriate state,
local, or Tribal emergency planning and response organizations the
facility response plan, updated emergency contact information, and
other information necessary for developing and implementing the local
emergency response plan.
    (c) Coordination shall include consulting with appropriate state,
local, or Tribal emergency response officials to establish appropriate
schedules and plans for drills and exercises required under Sec.
118.13. The owner or operator shall request an opportunity to meet with
the Local Emergency Planning Committee or Tribal Emergency Planning
Committee (or equivalent) and/or local fire department as appropriate
to review and discuss those materials.
    (d) The owner or operator shall document coordination with
appropriate state, local, or Tribal authorities, including:
    (i) The names of individuals involved and their contact information
(phone number, email address, and organizational affiliations), dates
of coordination activities, and nature of coordination activities and
    (ii) Signed agreements on activities and resources, identified by
the facility, in the facility response plan to be performed by the
appropriate state, local, or Tribal emergency response organizations.

Sec.  118.13   Facility response training, drills, and exercises.

    (a) The owner or operator of any facility required to prepare a
facility response plan under Sec.  118.3 shall develop and implement a
facility response training program and a drills and exercise program
that satisfy the requirements of this section. The owner or operator
shall describe the programs in the facility response plan as provided
in Sec.  118.11.
    (b) The facility owner or operator shall develop a facility
response training program to train those personnel involved in CWA
hazardous substance response activities.
    (1) A facility owner or operator must identify the method to be
used for training any volunteers or casual laborers used during a
response to comply with the requirements of 29 CFR 1910.120.
    (2) The facility owner or operator is responsible for ensuring that
all private response personnel are trained to meet the Occupational
Safety and Health Administration standards for emergency response
operations in 29 CFR 1910.120.
    (3) The facility response plan shall include a description of the
training program as described in Sec.  118.11.
    (4) The facility response plan shall include logs of CWA hazardous
substance facility response plan meetings, type of response training
and dates, personnel responsibilities during a response action, and
drills and exercises. These logs will be maintained as an annex to the
facility response plan. Logs will be kept for five years following each
training session.
    (c) The facility owner or operator shall develop a program of
facility response drills and exercises, including evaluation
procedures. A program that follows the National Preparedness for
Response Exercise Program (PREP) will be deemed as compliant with the
drill and exercise requirements of this section. An alternative program
or deviations from the PREP exercise requirements may also be developed
by the owner or operator and are subject to approval by the Regional
Administrator.
    (1) Drills and exercises shall, when appropriate, be coordinated
with local public emergency response officials and these officials
shall be invited to participate.

Appendix A to Part 118: Certification Form

    Facility Name:
    Facility Address:
    EPA Facility ID:
    Facility Latitude/Longitude:
    Facility Qualified Individual (Last name, First name):
    Facility Contact (phone):
    Facility Contact (email):
    Parent Company:
    Facility industry NAICS code:
    1. Does the facility have a maximum capacity onsite of a CWA
hazardous substance greater than or equal to the CWA Reportable
Quantity (RQ) x 10,000?
    Yes __ No __
    If so, list names, CAS no., and maximum quantities (lbs) stored
onsite for each CWA hazardous substance:
    2. Is the facility within one-half mile of navigable waters or a
conveyance to navigable waters?
    Yes __ No __
    If the answers to 1 and 2 are Yes, answer questions 3-6.
    3. Is the facility located at a distance such that a discharge
from the facility could cause injury to fish, wildlife, and
sensitive environments? For further description of fish, wildlife.
and sensitive environments, see the applicable Area Contingency
Plan. Attach documentation of the formulas, assumptions, and
distance to receptors calculated.
    Yes __ No __
    Distance to fish, wildlife, and sensitive environments (feet or
miles):
    Type of fish, wildlife, and sensitive environment receptor(s):
    Names, CAS no. and worst case discharge quantity (lbs) for each
CWA hazardous substance:
    4. Is the facility located at a distance such that a discharge
from the facility could adversely impact a public water system,
including a concentration reaching a public water system intake
which:
    (i) Violates any National Primary Drinking Water Standard or
State Drinking Water Regulation, such as exceedance of a Maximum
Contaminant Level at the point of compliance;
    (ii) Compromises the ability of the public water system to
produce water that complies with any National Primary Drinking Water
Standard or State Drinking Water Regulation;
    (iii) Results in adverse health impacts in people exposed to the
maximum concentration that could enter a drinking water distribution
system;
    (iv) Contaminates public water system infrastructure, including
but not limited to intake structures, treatment facilities, and
distribution systems, or premise plumbing systems to a degree that
requires remediation to restore system components to acceptable
performance; or
    (iv) Impairs the taste, odor, or other aesthetic characteristic
of the water entering a drinking water distribution system to a
degree that could make the water unacceptable to consumers and that
could prompt the public water system to issue use restrictions.
    Yes __ No __
    Attach documentation of the formulas used for calculating
planning distance, assumptions, and efforts to coordinate with
public water systems.
    Which criteria are met for the above substantial harm to
drinking water (1-5)?
    Attach documentation attesting to the required consultation with
the applicable public water system, including name of public water
system, point of contact, and date of consultation for each
potentially impacted public water system, or provide detail on point
of compliance at the water intake.
    5. Is the facility located at a distance such that a discharge
from the facility could cause injury to public receptors? Attach
documentation of the formulas and planning distance used.

    Yes __ No __
    Distance to public receptor (feet or miles):
    Type and description of receptor:
    Name of CWA hazardous substance and worst case discharge
quantity (pounds):
    6. Has the facility experienced a reportable CWA hazardous
substance discharge within the last five years?
    Yes __ No __
    Attach relevant documentation of past reportable discharges
    For each reportable discharge identify:
    Name of CWA hazardous substance, CAS no.
    Date of discharge:
    Duration of discharge (minutes):
    Quantity discharged (lbs):
    Waterway impacted:
    Injury caused to FWSE:
    Injury caused to public receptors:
    Adverse impacts to public water systems:
    NRC report number:

Certification

    I certify under penalty of law that I have personally examined
and am familiar with the information submitted in this document, and
that based on my inquiry of those individuals responsible for
obtaining this information, I believe that the submitted information
is true, accurate, and complete.
Signature
Name (please type or print)
Title
Date
Phone/Email

Appendix B to Part 118--Toxicity Endpoints for Calculating Planning
Distance for Fish, Wildlife and Sensitive Environments and Public
Receptors

           Table 1--Concentrations for Public Receptors and Fish, Wildlife, and Sensitive Environments
----------------------------------------------------------------------------------------------------------------
                                                 Endpoints for public receptors    Endpoints for fish, wildlife
                                                              LD50                  and sensitive environments
                                               ---------------------------------       using  96-hour LC50
                                                 Mammalian toxicity             --------------------------------
              Category               RQ (lbs.)     (oral) (mg/kg)                  Aquatic toxicity
                                               ---------------------- 10%  (mg/       (mg/liter)       10%  (mg/
                                                                         kg)    ----------------------     L)
                                                  Lower      Upper                 Lower      Upper
----------------------------------------------------------------------------------------------------------------
X..................................          1          0        0.1       0.01          0        0.1       0.01
A..................................         10        0.1          1        0.1        0.1          1        0.1
B..................................        100          1         10          1          1         10          1
C..................................      1,000         10        100         10         10        100         10
D..................................      5,000        100        500         50        100        500         50
----------------------------------------------------------------------------------------------------------------

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
2. The authority citation for part 300 continues to read as follows:

    Authority:  33 U.S.C. 1251 et seq.; 42 U.S.C. 9601-9657; E.O.
13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR
54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR,
1987 Comp., p. 193

0
3. Revise Sec.  300.185 to read as follows:

Sec.  300.185  Nongovernmental participation.

    (a) Industry groups, academic organizations, and others are
encouraged to commit resources for response operations. Specific
commitments should be listed in the RCP and ACP. Those entities
required to develop tank vessel and facility response plans under CWA
section 311(j) must be able to respond to a worst case discharge to the
maximum extent practicable, and shall commit sufficient resources to
implement other aspects of those plans in accordance with the
requirements of 30 CFR part 254, 33 CFR parts 150, 154, and 155; 40 CFR
parts 112 and 118; and 49 CFR parts 171 and 194.
0
4. Revise Sec.  300.211 paragraph (c) to read as follows:

Sec.  300.211   OPA facility and vessel response plans.

* * * * *
    (c) For non-transportation-related onshore facilities, these
regulations are codified in 40 CFR 112.20 and 40 CFR part 118;
* * * * *
0
5. Add Sec.  300.411 to read as follows:

Sec.  300.411   Response to CWA hazardous substance worst case
discharges.

    (a) If the investigation by the OSC shows that a discharge is a
worst case discharge as defined in the ACP, or there is a substantial
threat of such a discharge, the OSC shall:
    (1) Notify the NSFCC;
    (2) Require, where applicable, implementation of the worst case
portion of an approved facility response plan required by CWA section
311(j)(5);
    (3) Implement the worst case portion of the ACP required by CWA
section 311(j)(4); and
    (4) Take whatever additional response actions are deemed
appropriate.
    (b) Under the direction of the OSC, the NSFCC shall coordinate use
of private and public personnel and equipment, including strike teams,
to respond to a worst case discharge and mitigate or prevent a
substantial threat of such a discharge.

[FR Doc. 2022-05505 Filed 3-25-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 17, 2009 (Volume 74, Number 30)]
[Notices]
[Page 7461-7462]
[DOCID:fr17fe09-116]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1763-DR; Docket ID FEMA-2008-0018]

Iowa; Amendment No. 22 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Iowa (FEMA-1763-DR), dated May 27, 2008, and related
determinations.

DATES: Effective Date: January 29, 2009.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Michael L.
Parker, of FEMA is appointed to act as the Federal Coordinating Officer
for this declared disaster.
    This action terminates my appointment of William L. Vogel as
Federal Coordinating Officer for this disaster.

    (The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially

Declared Disaster Areas; 97.049, Presidentially Declared Disaster
Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidentially Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)

Nancy Ward,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. E9-3334 Filed 2-13-09; 8:45 am]

BILLING CODE 9111-23-P


[Federal Register Volume 84, Number 208 (Monday, October 28, 2019)]
[Notices]
[Page 57724]
[FR Doc No: 2019-23487]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG20-10-000.
    Applicants: Cardinal Point LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Cardinal Point LLC.
    Filed Date: 10/17/19.
    Accession Number: 20191017-5164.
    Comments Due: 5 p.m. ET 11/7/19.

    Docket Numbers: EG20-11-000.
    Applicants: Lincoln Clean Energy, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of 2W Permian Solar, LLC.
    Filed Date: 10/18/19.
    Accession Number: 20191018-5094.
    Comments Due: 5 p.m. ET 11/8/19.

    Docket Numbers: EG20-12-000.
    Applicants: GA Solar 4, LLC.
    Description: GA Solar 4, LLC Self-Certification of Exempt Wholesale
Generator Status.
    Filed Date: 10/18/19.
    Accession Number: 20191018-5163.
    Comments Due: 5 p.m. ET 11/8/19.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER19-125-002.
    Applicants: Duke Energy Florida, LLC.
    Description: Compliance filing: DEF-US EcoGen Polk LGIA Settlement
(ER19-125 & EL19-23) Compliance Filing to be effective 10/4/2019.
    Filed Date: 10/18/19.
    Accession Number: 20191018-5183.
    Comments Due: 5 p.m. ET 11/8/19.

    Docket Numbers: ER20-135-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3246R2 Tenaska Power and
Montana-Dakota Utilities Att AO to be effective 10/1/2019.
    Filed Date: 10/18/19.
    Accession Number: 20191018-5053.
    Comments Due: 5 p.m. ET 11/8/19.

    Docket Numbers: ER20-136-000.
    Applicants: Reading Wind Energy, LLC.
    Description: Baseline eTariff Filing: Application for MBR Authority
and Initial Baseline Tariff Filing to be effective 12/1/2019.
    Filed Date: 10/18/19.
    Accession Number: 20191018-5078.
    Comments Due: 5 p.m. ET 11/8/19.

    Docket Numbers: ER20-137-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: NYISO 205 filing of tariff
revisions to Attachment L of the OATT to be effective 12/18/2019.
    Filed Date: 10/18/19.
    Accession Number: 20191018-5082.
    Comments Due: 5 p.m. ET 11/8/19.

    Docket Numbers: ER20-138-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Procurement Agreement for
CCSF Potrero Interconnection Project (SA 284) to be effective 10/21/
2019.
    Filed Date: 10/18/19.
    Accession Number: 20191018-5099.
    Comments Due: 5 p.m. ET 11/8/19.

    Docket Numbers: ER20-139-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of WMPA SA
No. 4919; Queue No. AC2-073 to be effective 11/11/2019.
    Filed Date: 10/18/19.
    Accession Number: 20191018-5101.
    Comments Due: 5 p.m. ET 11/8/19.

    Docket Numbers: ER20-140-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: Sec.  205(d) Rate Filing: ISO-NE and NEPOOL; Price
Responsive Demand Clean-Up Changes to be effective 12/18/2019.
    Filed Date: 10/18/19.
    Accession Number: 20191018-5129.
    Comments Due: 5 p.m. ET 11/8/19.

    Docket Numbers: ER20-141-000.
    Applicants: GridLiance West LLC.
    Description: Transmission Revenue Balancing Account Adjustment 2020
Annual Update of GridLiance West LLC.
    Filed Date: 10/18/19.
    Accession Number: 20191018-5142.
    Comments Due: 5 p.m. ET 11/8/19.

    Docket Numbers: ER20-142-000.
    Applicants: ISO New England Inc., Public Service Company of New
Hampshire.
    Description: Notice of Cancellation of Large Generator
Interconnection Agreement (No. LGIA-ISONE/NU-10-03) of ISO New England
Inc., et al.
    Filed Date: 10/18/19.
    Accession Number: 20191018-5150.
    Comments Due: 5 p.m. ET 11/8/19.

    Docket Numbers: ER20-143-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: Letter Agreement with MWD
for Pilot Relay Project to be effective 12/18/2019.
    Filed Date: 10/18/19.
    Accession Number: 20191018-5177.
    Comments Due: 5 p.m. ET 11/8/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 18, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-23487 Filed 10-25-19; 8:45 am]
BILLING CODE 6717-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, DC 20460

			OFFICE OF  PREVENTION, PESTICIDES,  AND TOXIC SUBSTANCES

 							9/25/07

MEMORANDUM

SUBJECT:	Product Chemistry Science  Chapter For:  SODIUM FLUORIDE  Reregistration  Eligibility  Decision (RED)

From:	A. Najm Shamim, PhD,  Chemist

	Regulatory Management Branch II

	Antimicrobials Division (7510P)

To:	Timothy McMahon, PhD, Risk Assessor for Sodium Fluoride  RED

	Antimicrobials Division (7510P)

			And

	Sanyvette Willaims, D.V.D., CRM for Sodium Fluoride RED

	Antimicrobials Division (7510P)

Thru:	Mark Hartman, Chief

	Regulatory Management Branch II

	Antimicrobials Division (7510P)

		PRODUCT CHEMISTRY OF SODIUM FLUORIDE

Chemical Name:	Sodium Fluoride

Common Names:	Chemifluoro, Dentafluoro, Villiaumite

Chemical Formula:	NaF

CAS#:			7681-49-4

Parameter	Result	MRID

Formula Weight	42.00	43563101

Melting Point	993 o C	43563101

Boiling Point	1704 o C	43563101

Vapor Pressure	5.43 x 10-26 mm Hg (25 o C)1*

	Solubility	Water: 4.10 g/100 ml; at 15°C,

4.3 g/ 100 ml at 25 o C.

Alcohol: Insoluble	43563101

pH	Slightly Alkaline

	Density	2.55 g/cm3	43563101

Log KOW	-0.77 1

	Henry Law Constant

(air/water partition constant)	5.04 x 10-33 atm m3/mole1

	1 The values have been taken form the US EPA’s EPI Suite Modeling Program, Developed by OPPT

Vapor pressure as reported in study report (MRID 43563101) = 1 mm Hg (1077 o C).

Sources for the remaining characteristics are:

Bibliography

 a) Hawley’s Condensed Chemical Dictionary, 13th Edition, Editor: Richard Lewis, Sr; John Wiley Publishers)

 b) Merck Index, 12 Edition

 c) MRID 43563101. Muchow, T. (1994). Product Chemistry Data: Sodium Fluoride.                                                        Unpublished study prepared by Osmose Wood Preserving, Inc. 27 p