{"data":{"id":"us/40-cfr-370.3","jurisdiction":"us","citation":"40 CFR 370.3","heading":"Definitions.","body":"Chief Executive Officer of the Tribe means the person who is recognized by the Bureau of Indian Affairs as the chief elected administrative officer of the Tribe.\nEnvironment includes water, air, and land and the interrelationship that exists among and between water, air, and land and all living things.\nEPCRA means the Emergency Planning and Community Right-To-Know Act of 1986.\nExtremely Hazardous Substance (EHS) means a substance listed in appendices A and B of 40 CFR part 355.\nFacility means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person that controls, is controlled by, or under common control with, such person). Facility includes manmade structures, as well as all natural structures in which chemicals are purposefully placed or removed through human means such that it functions as a containment structure for human use.\nHazard category means the classification of a chemical's hazard(s) into classes with their categories or hazards not otherwise classified as are reported in Section 2 of SDSs in accordance with 29 CFR 1910.1200. Hazard categories are divided by hazard class into health hazards and physical hazards:\n(1) Health hazard means a chemical that is classified into one of the following hazard classes or hazards not otherwise classified: acute toxicity (oral, dermal, or inhalation); aspiration hazard; carcinogenicity; germ cell mutagenicity; reproductive toxicity; respiratory sensitizer; skin sensitizer; serious eye damage/eye irritation; simple asphyxiant; skin corrosion or irritation; specific target organ toxicity (single exposure) or (repeated or prolonged exposure); and hazard not otherwise classified (HNOC).\n(2) Physical hazard means a chemical that is classified into one of the following hazard classes or hazards not otherwise classified: aerosols; chemicals under pressure; combustible dust; corrosive to metal; desensitized explosive; explosives; flammable (gases, liquids, or solids); gas under pressure; in contact with water emits flammable gases; organic peroxides; oxidizing (gases, liquids, or solids); pyrophoric (liquids or solids); self-heating chemicals; self-reactive chemicals; and hazard not otherwise classified (HNOC).\nHazardous chemical means any hazardous chemical as defined under 29 CFR 1910.1200(c), except that such term does not include:\n(1) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.\n(2) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.\n(3) Any substance to the extent it is used:\n(i) For personal, family, or household purposes, or is 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 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;\n(ii) In a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual; or\n(iii) In routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.\nIndian Country means Indian country as defined in 18 U.S.C. 1151 as:\n(1) All land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation;\n(2) All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and\n(3) All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.\nIndian Tribe or Tribe means those Tribes federally recognized by the Secretary of the Interior.\nInventory form means the uniform Tier I and Tier II emergency and hazardous chemical inventory forms published by EPA. These forms can be used for reporting inventory information, as described in §§ 370.40 through 370.45.\nLEPC means the Local Emergency Planning Committee appointed by the State Emergency Response Commission.\nMixture means mixture as defined under the Occupational Safety and Health Administration's Hazard Communication Standard in 29 CFR 1910.1200(c).\nOSHA means the U.S. Occupational Safety and Health Administration.\nPerson means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or interstate body.\nSafety Data Sheet (SDS) means the sheet required to be developed under 29 CFR 1910.1200(g). The term SDS replaces the term “material safety data sheet” for the name of the data sheet defined in the statute (42 U.S.C. 11049(6)).\nSERC means the State Emergency Response Commission for the state in which the facility is located except when the facility is located in Indian Country, in which case, SERC means the Emergency Response Commission for the Tribe under whose jurisdiction the facility is located. In the absence of a SERC for a state or an Indian Tribe, the Governor or chief executive officer of the Tribe, respectively, shall be the SERC. Where there is a cooperative agreement between a state and a Tribe, the SERC shall be the entity identified in the agreement.\nState means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands, any other territory or possession over which the United States has jurisdiction, and Indian Country.\nThreshold planning quantity (TPQ) means the quantity listed in the column “threshold planning quantity” for the EHSs listed in appendix A and B of 40 CFR part 355.","path":["Title 40—Protection of Environment","CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY","SUBCHAPTER J—SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW PROGRAMS","PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW","Subpart A—General Information"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-40.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:04Z","sha256":"34879be8bfc040b9964d651037334d6e8922428c0402a4986455c3545a397c86","source_id":"us-cfr","stale":true,"prev":"us/40-cfr-370.2","next":"us/40-cfr-370.10"},"notice":"GroundRules: Original legal text. Not legal advice."}