Regulations last checked for updates: May 19, 2024

Title 40 - Protection of Environment last revised: May 16, 2024
§ 372.28 - Lower thresholds for chemicals of special concern.

(a) Notwithstanding § 372.25 or § 372.27, for the toxic chemicals set forth in this section, the threshold amounts for manufacturing (including importing), processing, and otherwise using such toxic chemicals are as set forth in this section.

(1) Chemical listing in alphabetic order.

Table 1 to Paragraph (a)(1)

Chemical name CAS No. Reporting
threshold
(in pounds)
Aldrin00309-00-2100
Benzo(g,h,i)perylene00191-24-210
Chlordane00057-74-910
Heptachlor00076-44-810
Hexachlorobenzene00118-74-110
1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta[g]-2-benzopyran1222-05-5100
Isodrin00465-73-610
Lead (this lower threshold does not apply to lead when contained in a stainless steel, brass or bronze alloy)7439-92-1100
Mercury07439-97-610
Methoxychlor00072-43-5100
Octachlorostyrene29082-74-410
Pendimethalin40487-42-1100
Pentachlorobenzene00608-93-510
Per- and polyfluoroalkyl substances (Individually listed per- and polyfluoroalkyl substances added by 15 U.S.C. 8921(b)(1) and (c)(1)). (EPA periodically updates the lists of covered chemicals at § 372.65(d) and (e) to reflect chemicals that have been added by 15 U.S.C. 8921)see § 372.65(d) and (e)100
Polychlorinated biphenyl (PCBs)01336-36-310
Tetrabromobisphenol A00079-94-7100
Toxaphene08001-35-210
Trifluralin01582-09-8100

(2) Chemical categories in alphabetic order.

Table 2 to Paragraph (a)(2)

Category name Reporting threshold
(in pounds unless
otherwise noted)
Dioxin and dioxin-like compounds (Manufacturing; and the processing or otherwise use of dioxin and dioxin-like compounds if the dioxin and dioxin-like compounds are present as contaminants in a chemical and if they were created during the manufacturing of that chemical) (see § 372.65(c) for a list of chemicals covered by this category)0.1 grams.
Hexabromocyclododecane (see § 372.65(c) for a list of chemicals covered by this category)100
Lead Compounds100
Mercury compounds10
Polycyclic aromatic compounds (PACs) (see § 372.65(c) for a list of chemicals covered by this category)100

(b) The threshold determination provisions under § 372.25(c) through (h) and the exemptions under § 372.38(b) through (h) are applicable to the toxic chemicals listed in paragraph (a) of this section.

[64 FR 58750, Oct. 29, 1999, as amended at 66 FR 4527, Jan. 17, 2001; 75 FR 72733, Nov. 26, 2010; 81 FR 85444, Nov. 28, 2016; 85 FR 42314, July 14, 2020; 87 FR 73486, Nov. 30, 2022; 88 FR 74368, Oct. 31, 2023]
authority: 42 U.S.C. 11023 and 11048
source: 53 FR 4525, Feb. 16, 1988, unless otherwise noted.
cite as: 40 CFR 372.28