TITLE 40 - PROTECTION OF ENVIRONMENT

CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY

SUBCHAPTER J - SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT - TO - KNOW PROGRAMS

PART 302 - DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION

302.5 - Determination of reportable quantities.

  (a) Listed hazardous substances. The quantity listed in the column Final RQ for each substance in table 302.4, or in appendix B to table 302.4, is the reportable quantity (RQ) for that substance. The RQs in table 302.4 are in units of pounds based on chemical toxicity, while the RQs in appendix B to table 302.4 are in units of curies based on radiation hazard. Whenever the RQs in table 302.4 and appendix B to the table are in conflict, the lowest RQ shall apply.

  (b) Unlisted hazardous substances. Unlisted hazardous substances designated by 40 CFR 302.4(b) have the reportable quantity of 100 pounds, except for those unlisted hazardous wastes which exhibit toxicity identified in 40 CFR 261.24. Unlisted hazardous wastes which exhibit toxicity have the reportable quantities listed in Table 302.4 for the contaminant on which the characteristic of toxicity is based.

The reportable quantity applies to the waste itself, not merely to the toxic contaminant. If an unlisted hazardous waste exhibits toxicity on the basis of more than one contaminant, the reportable quantity for that waste shall be the lowest of the reportable quantities listed in Table 302.4 for those contaminants. If an unlisted hazardous waste exhibits the characteristic of toxicity and one or more of the other characteristics referenced in 40 CFR 302.4(b), the reportable quantity for that waste shall be the lowest of the applicable reportable quantities.

[51 FR 34547, Sept. 29, 1987, as amended at 54 FR 22538, May 24, 1989; 67 FR 45356, July 9, 2002]