ICR Attachment 2 - 40 CFR part 704 (Reporting and Recordkeeping Requirements)

OMB Control Number 2070-0067; EPA ICR Number 1198.08
ICR ATTACHMENT 2
40 CFR part 704

Environmental Protection Agency

§ 704.3
704.33 P-tert-butylbenzoic acid (P-TBBA), ptert-butyltoluene (P-TBT) and p-tertbutylbenzaldehyde (P-TBB).
704.43 Chlorinated naphthalenes.
704.45 Chlorinated terphenyl.
704.95 Phosphonic
acid,
[1,2-ethanediylbis[nitrilobis-(methylene)]]tetrakis(EDTMPA) and its salts.
704.102 Hexachloronorbornadiene.
704.104 Hexafluoropropylene oxide.
704.175 4,4′-methylenebis(2-chloroaniline)
(MBOCA).

or any rule promulgated under sections
4, 5, or 6, or an order issued under section 5, shall include sufficient information to permit the recipient to identify:
(1) The specific provision of TSCA or
of the rule or order under TSCA alleged
to have been violated.
(2) The activity alleged to constitute
a violation.
(3) The person or persons responsible
for the alleged violation.
(4) The location of the alleged violation.
(5) The date or dates of the alleged
violation as closely as the citizen is
able to specify them.
(6) The full name, address, and telephone number of the citizen giving notice.
(b) Failure to act. Notice regarding an
alleged failure of the Administrator to
perform any act or duty which is not
discretionary shall:
(1) Identify the specific provision of
TSCA which requires an act or creates
a duty.
(2) Describe with reasonable specificity the action taken or not taken by
the Administrator which is alleged to
constitute a failure to perform the act
or duty.
(3) State the full name, address, and
telephone number of the citizen giving
the notice.
(c) Identification of Counsel. The notice shall state the name, address, and
telephone number of the Legal Counsel,
if any, representing the citizen giving
the notice.

AUTHORITY: 15 U.S.C. 2607(a).

Subpart A—General Reporting
and Recordkeeping Provisions
for Section 8(a) InformationGathering Rules
§ 704.1 Scope.
(a) This part specifies reporting and
recordkeeping procedures under section 8(a) of the Toxic Substances Control Act (TSCA) for manufacturers, importers, and processors of chemical
substances and mixtures (hereafter collectively referred to as substances)
that are identified in subpart B of this
part. The reporting and recordkeeping
provisions in subpart A of this part
apply throughout this part unless revised in any other subpart.
(b) Subpart B of this part sets out
chemical-specific reporting and recordkeeping requirements under section
8(a) of TSCA.
[53 FR 51715, Dec. 22, 1988, as amended at 60
FR 31920, June 19, 1995]

§ 704.3 Definitions.
All definitions as set forth in section
3 of TSCA apply in this part. In addition, the following definitions are provided for the purposes of this part.
Annual means the corporate fiscal
year.
Article means a manufactured item
(1) which is formed to a specific shape
or design during manufacture, (2)
which has end use function(s) dependent in whole or in part upon its shape
or design during end use, and (3) which
has either no change of chemical composition during its end use or only
those changes of composition which
have no commercial purpose separate
from that of the article, and that result from a chemical reaction that occurs upon end use of other chemical

PART 704—REPORTING AND
RECORDKEEPING REQUIREMENTS
Subpart A—General Reporting and Recordkeeping Provisions for Section 8(a)
Information-Gathering Rules
Sec.
704.1 Scope.
704.3 Definitions.
704.5 Exemptions.
704.7 Confidential
business
information
claims.
704.9 Where to send reports.
704.11 Recordkeeping.
704.13 Compliance and enforcement.

Subpart B—Chemical-Specific Reporting
and Recordkeeping Rules
704.25

11-Aminoundecanoic acid.

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§ 704.3

40 CFR Ch. I (7–1–06 Edition)

substances, mixtures, or articles; except that fluids and particles are not
considered articles regardless of shape
or design.
Byproduct means a chemical substance produced without a separate
commercial intent during the manufacture, processing, use, or disposal of another chemical substance(s) or mixture(s).
CAS Number means Chemical Abstracts Service Registry Number.
Coproduct means a chemical substance produced for a commercial purpose during the manufacture, processing, use, or disposal of another
chemical substance or mixture.
Customer means any person to whom
a manufacturer, importer, or processor
directly distributes any quantity of a
chemical substance, mixture, mixture
containing the substance or mixture,
or article containing the substance or
mixture, whether or not a sale is involved.
Domestic means within the geographical boundaries of the 50 United
States, including the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States.
Enclosed process means a manufacturing or processing operation that is
designed and operated so that there is
no intentional release into the environment of any substance present in the
operation. An operation with fugitive,
inadvertent, or emergency pressure relief releases remains an enclosed process so long as measures are taken to
prevent worker exposure to and environmental contamination from the releases.
EPA means the United States Environmental Protection Agency.
Import means to import for commercial purposes.
Import for commercial purposes means
to import with the purpose of obtaining an immediate or eventual commercial advantage for the importer, and includes the importation of any amount
of a chemical substance or mixture. If
a chemical substance or mixture containing impurities is imported for commercial purposes, then those impuri-

ties also are imported for commercial
purposes.
Import in bulk form means to import a
chemical substance (other than as part
of a mixture or article) in any quantity, in cans, bottles, drums, barrels,
packages, tanks, bags, or other containers, if the chemical substance is intended to be removed from the container and the substance has an end use
or commercial purpose separate from
the container.
Importer means (1) any person who
imports any chemical substance or any
chemical substance as part of a mixture or article into the customs territory of the United States, and includes:
(i) The person primarily liable for the
payment of any duties on the merchandise, or
(ii) An authorized agent acting on his
behalf (as defined in 19 CFR 1.11).
(2) Importer also includes, as appropriate:
(i) The consignee.
(ii) The importer of record.
(iii) The actual owner if an actual
owner’s declaration and superseding
bond have been filed in accordance
with 19 CFR 141.20.
(iv) The transferee, if the right to
draw merchandise in a bonded warehouse has been transferred in accordance with subpart C of 19 CFR part 144.
(3) For the purposes of this definition, the customs territory of the
United States consists of the 50 States,
Puerto Rico, and the District of Columbia.
Impurity means a chemical substance
which is unintentionally present with
another chemical substance.
Intermediate means any chemical substance that is consumed, in whole or in
part, in chemical reactions used for the
intentional manufacture of other
chemical substances or mixtures, or
that is intentionally present for the
purpose of altering the rates of such
chemical reactions.
Known to or reasonably ascertainable
by means all information in a person’s
possession or control, plus all information that a reasonable person similarly
situated might be expected to possess,
control, or know.
Manufacture means to manufacture
for commercial purposes.

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Environmental Protection Agency

§ 704.3

Manufacture for commercial purposes
means: (1) To import, produce, or manufacture with the purpose of obtaining
an immediate or eventual commercial
advantage for the manufacturer, and
includes among other things, such
‘‘manufacture’’ of any amount of a
chemical substance or mixture:
(i) For commercial distribution, including for test marketing.
(ii) For use by the manufacturer, including use for product research and
development, or as an intermediate.
(2) Manufacture for commercial purposes also applies to substances that
are produced coincidentally during the
manufacture, processing, use, or disposal of another substance or mixture,
including both byproducts that are separated from that other substance or
mixture and impurities that remain in
that substance or mixture. Such byproducts and impurities may, or may
not, in themselves have commercial
value. They are nonetheless produced
for the purpose of obtaining a commercial advantage since they are part of
the manufacture of a chemical product
for a commercial purpose.
Manufacturer means a person who imports, produces, or manufactures a
chemical substance. A person who extracts a component chemical substance
from a previously existing chemical
substance or a complex combination of
substances is a manufacturer of that
component chemical substance.
Non-isolated intermediate means any
intermediate that is not intentionally
removed from the equipment in which
it is manufactured, including the reaction vessel in which it is manufactured,
equipment which is ancillary to the reaction vessel, and any equipment
through which the substance passes
during a continuous flow process, but
not including tanks or other vessels in
which the substance is stored after its
manufacture. Mechanical or gravity
transfer through a closed system is not
considered to be intentional removal,
but storage or transfer to shipping containers ‘‘isolates’’ the substance by removing it from process equipment in
which it is manufactured.
Own or control means ownership of 50
percent or more of a company’s voting
stock or other equity rights, or the
power to control the management and

policies of that company. A company
may own or control one or more sites.
A company may be owned or controlled
by a foreign or domestic parent company.
Parent company is a company that
owns or controls another company.
Person includes any individual, firm,
company, corporation, joint venture,
partnership, sole proprietorship, association, or any other business entity;
any State or political subdivision
thereof; any municipality; any interstate body; and any department, agency, or instrumentality of the Federal
Government.
Possession or control means in the possession or control of any person, or of
any subsidiary, partnership in which
the person is a general partner, parent
company, or any company or partnership which the parent company owns or
controls, if the subsidiary, parent company, or other company or partnership
is associated with the person in the research, development, test marketing,
or commercial marketing of the substance in question. Information is in
the possession or control of a person if
it is:
(1) In the person’s own files including
files maintained by employees of the
person in the course of their employment.
(2) In commercially available data
bases to which the person has purchased access.
(3) Maintained in the files in the
course of employment by other agents
of the person who are associated with
research, development, test marketing,
or commercial marketing of the chemical substance in question.
Process means to process for commercial purposes.
Process for commercial purposes means
the preparation of a chemical substance or mixture after its manufacture for distribution in commerce with
the purpose of obtaining an immediate
or eventual commercial advantage for
the processor. Processing of any
amount of a chemical substance or
mixture is included in this definition.
If a chemical substance or mixture
containing impurities is processed for
commercial purposes, then the impurities also are processed for commercial
purposes.

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§ 704.3

40 CFR Ch. I (7–1–06 Edition)

Processor means any person who processes a chemical substance or mixture.
Production volume means the quantity
of a substance which is produced by a
manufacturer, as measured in kilograms or pounds.
Propose to manufacture, import, or
process means that a person has made a
firm management decision to commit
financial resources for the manufacture, import, or processing of a specified chemical substance or mixture.
Site means a contiguous property
unit. Property divided only by a public
right-of-way shall be considered one
site. There may be more than one plant
on a single site. The site for a person
who imports a substance is the site of
the operating unit within the person’s
organization which is directly responsible for importing the substance and
which controls the import transaction
and may in some cases be the organization’s headquarters office in the United
States.
Small manufacturer or importer means
a manufacturer or importer that meets
either of the following standards:
(1) First standard. A manufacturer or
importer of a substance is small if its
total annual sales, when combined with
those of its parent company (if any),
are less than $40 million. However, if
the annual production or importation
volume of a particular substance at
any individual site owned or controlled
by the manufacturer or importer is
greater than 45,400 kilograms (100,000
pounds), the manufacturer or importer
shall not qualify as small for purposes
of reporting on the production or importation of that substance at that
site, unless the manufacturer or importer qualifies as small under standard (2) of this definition.
(2) Second standard. A manufacturer
or importer of a substance is small if
its total annual sales, when combined
with those of its parent company (if
any), are less than $4 million, regardless of the quantity of substances produced or imported by that manufacturer or importer.
(3) Inflation index. EPA shall make
use of the Producer Price Index for
Chemicals and Allied Products, as compiled by the U.S. Bureau of Labor Statistics, for purposes of determining the
need to adjust the total annual sales

values and for determining new sales
values when adjustments are made.
EPA may adjust the total annual sales
values whenever the Agency deems it
necessary to do so, provided that the
Producer Price Index for Chemicals
and Allied Products has changed more
than 20 percent since either the most
recent previous change in sales values
or the date of promulgation of this
rule, whichever is later. EPA shall provide FEDERAL REGISTER notification
when changing the total annual sales
values.
Small quantities solely for research and
development (or ‘‘small quantities solely for purposes of scientific experimentation or analysis or chemical research
on, or analysis of, such substance or
another substance, including such research or analysis for the development
of a product’’) means quantities of a
chemical substance manufactured, imported, or processed or proposed to be
manufactured, imported, or processed
solely for research and development
that are not greater than reasonably
necessary for such purposes.
Substance means either a chemical
substance or mixture unless otherwise
indicated.
Test marketing means the distribution
in commerce of no more than a predetermined amount of a chemical substance, mixture, article containing
that chemical substance or mixture, or
a mixture containing that substance,
by a manufacturer or processor, to no
more than a defined number of potential customers to explore market capability in a competitive situation during
a predetermined testing period prior to
the broader distribution of that chemical substance, mixture, or article in
commerce.
Total annual sales means the total annual revenue (in dollars) generated by
the sale of all products of a company.
Total annual sales must include the
total annual sales revenue of all sites
owned or controlled by that company
and the total annual sales revenue of
that company’s subsidiaries and foreign or domestic parent company, if
any.
TSCA means the Toxic Substances
Control Act, 15 U.S.C. 2601 et seq.
[53 FR 51715, Dec. 22, 1988]

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Environmental Protection Agency
§ 704.5

§ 704.7
by means of the procedures set forth in
part 2 of this title.
(b) If no claim accompanies the notice at the time it is submitted to EPA,
the notice will be placed in an open file
available to the public without further
notice to the respondent.
(c) To assert a claim of confidentiality for data contained in a notice,
the respondent must submit two copies
of the notice.
(1) One copy of the notice must be
complete. In that copy the respondent
must indicate what data, if any, are
claimed as confidential by marking the
specific information on each page with
a label such as ‘‘confidential’’, ‘‘proprietary’’, or ‘‘trade secret’’.
(2) If some data in the notice are
claimed as confidential, the respondent
must submit a second copy. The second
copy must be complete except that all
information claimed as confidential in
the first copy must be deleted.
(3) The first copy of the notice will be
for internal use by EPA. The second
copy will be placed in an open file to be
available to the public.
(4) Failure to furnish a second copy
of the notice when information is
claimed as confidential in the first
copy will be considered a presumptive
waiver of the claim of confidentiality.
EPA will notify the respondent by certified mail that a finding of a presumptive waiver of the claim of confidentiality has been made. The respondent
has 15 days from the date of receipt of
notification to submit the required second copy. Failure to submit the second
copy will cause EPA to place the first
copy in the public file.
(d) In submitting a claim of confidentiality, a person attests to the truth of
the following four statements concerning all information which is
claimed confidential:
(1) My company has taken measures
to protect the confidentiality of the information, and it intends to continue
to take such measures.
(2) The information is not, and has
not been, reasonably obtainable without our consent by other persons (other
than government bodies) by use of legitimate means (other than discovery
based on a showing of special need in a
judicial or quasi-judicial proceeding).

Exemptions.

A person who is subject to reporting
requirements for a substance identified
in this part is exempt from those requirements to the extent that the person and that person’s use of the substance is described in this section. This
section is superseded by any TSCA section 8(a) rule that adds to, removes, or
revises the exemptions described in
this section.
(a) Articles. A person who imports,
processes, or proposes to import or
process a substance identified in this
part solely as part of an article is exempt from the reporting requirements
of this part with regard to that substance.
(b) Byproducts. A person who manufactures, imports, or proposes to manufacture or import a substance identified in this part solely as a byproduct
is exempt from the reporting requirements of this part.
(c) Impurities. A person who manufactures, imports, processes, or proposes
to manufacture, import, or process a
substance identified in this part solely
as an impurity is exempt from the reporting requirements of this part.
(d) Non-isolated intermediate. A person
who manufactures or proposes to manufacture a substance identified in this
part solely as a non-isolated intermediate is exempt from the reporting
requirements of this part.
(e) Research and development. A person who manufactures, imports, processes, or proposes to manufacture, import, or process a substance identified
in this part only in small quantities
solely for research and development is
exempt from the reporting requirements of this part.
(f) Small manufacturers and importers.
Small manufacturers and importers are
exempt from the reporting requirements of this part.
[53 FR 51717, Dec. 22, 1988]

§ 704.7 Confidential business information claims.
(a) Any person submitting a notice
under this rule may assert a business
confidentiality claim covering all or
any part of the notice. Any information covered by a claim will be disclosed by EPA only to the extent and

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§ 704.9

40 CFR Ch. I (7–1–06 Edition)

(3) The information is not publicly
available elsewhere.
(4) Disclosure of the information
would cause substantial harm to our
competitive position.

Subpart B—Chemical-Specific Reporting and Recordkeeping
Rules
§ 704.25 11-Aminoundecanoic acid.
(a) Definitions. (1) 11–AA means the
chemical
substance
11aminoundecanoic acid, CAS Number
2432–99–7.
(2) Enclosed process means a process
that is designed and operated so that
there is no intentional release of any
substance present in the process. A
process with fugitive, inadvertent, or
emergency pressure relief releases remains an enclosed process so long as
measures are taken to prevent worker
exposure to an environmental contamination from the releases.
(3) Internal subunit means a subunit
that is covalently linked to at least
two other subunits. Internal subunits of
polymer molecules are chemically derived from monomer molecules that
have formed covalent links between
two or more other molecules.
(4) Monomer means a chemical substance that has the capacity to form
links between two or more other molecules.
(5) Polymer means a chemical substance that consists of at least a simple weight majority of polymer molecules but consists of less than a simple weight majority of molecules with
the same molecular weight. Collectively, such polymer molecules must
be distributed over a range of molecular weights wherein differences in molecular weight are primarily attributable to differences in the number of
internal subunits.
(6) Polymer molecule means a molecule
which includes at least four covalently
linked subunits, at least two of which
are internal subunits.
(7) Small processor means a processor
that meets either the standard in paragraph (a)(7)(i) of this section or the
standard in paragraph (a)(7)(ii) of this
section.
(i) First standard. A processor of a
chemical substance is small if its total
annual sales, when combined with
those of its parent company, if any, are
less than $40 million. However, if the
annual processing volume of a particular chemical substance at any individual site owned or controlled by the

[48 FR 23420, May 25, 1983, as amended at 53
FR 51717, Dec. 22, 1988]

§ 704.9

Where to send reports.

Reports must be submitted by certified mail to the Document Control
Office (DCO) (7407M), Office of Pollution Prevention and Toxics (OPPT),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001, ATTN: 8(a) Reporting.
[60 FR 34463, July 3, 1995, as amended at 71
FR 33641, June 12, 2006]

§ 704.11

Recordkeeping.

Each person who is subject to the reporting requirements of this part must
retain the following records for 3 years
following the creation or compilation
of the record.
(a) A copy of each report submitted
by the person in response to the requirements of this part.
(b) Materials and documentation sufficient to verify or reconstruct the values submitted in the report.
(c) A copy of each notice sent by the
person, return receipt requested, to
that person’s customers for the purpose
of notifying their customers of the customer’s reporting obligations under
this part.
(d) All return receipts signed by the
person’s customers who received the
notice described in paragraph (c) of
this section.
[53 FR 51717, Dec. 22, 1988, as amended at 58
FR 34204, June 23, 1993]

§ 704.13

Compliance and enforcement.

Violators of the requirements of this
part may be subject to civil administrative penalties up to $25,000 per day
of violation or criminal prosecution, as
provided in sections 15 and 16 of TSCA.
In addition, under section 17, EPA may
seek judicial relief to compel submission of required information.
[53 FR 51717, Dec. 22, 1989]

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Environmental Protection Agency

§ 704.25
(c) Persons not subject to this section.
The following persons are not subject
to this section:
(1) Small manufacturers (includes
importers) as described in § 704.3.
(2) Small processors.
(3) Persons described in § 704.5.
(4) Persons who, at any time during
the 3-year period ending July 22, 1986,
manufactured, imported, or processed
11–AA:
(i) For use as an intermediate in the
manufacture of polymers in an enclosed process when it is expected that
the 11–AA will be fully polymerized
during the manufacturing process, or
(ii) For use as a component in
photoprocessing solutions.
(d) What information to report. Persons
identified in paragraph (b) of this section must submit a Premanufacture
Notice Form (EPA Form 7710–25).
(e) When to report. (1) Persons who intend to manufacture, import, or process 11–AA for use as an intermediate in
the manufacture of polymers in an enclosed process when it is expected that
the 11–AA will be fully polymerized
during the manufacturing process or
for
use
as
a
component
in
photoprocessing solutions must notify
EPA within 30 days after making a
firm management decision to commit
financial resources for the manufacturing, importing, or processing of 11–
AA.
(2) Persons who initiated manufacturing, importing, or processing of 11–
AA for use as an intermediate in the
manufacture of polymers in an enclosed process when it is expected that
the 11–AA will be fully polymerized
during the manufacturing process, or
for
use
as
a
component
in
photoprocessing solutions during the
time period between July 22, 1986 and
July 13, 1987 must notify EPA by August 10, 1987.
(f) Recordkeeping. Persons subject to
the reporting requirements of this section must retain documentation of information contained in their reports
for a period of 5 years from the date of
submission of the report.
(g) Where to send reports. Reports
must be submitted by certified mail to
the Document Control Office (DCO)
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental

processor is greater than 45,400 kilograms (100,000 pounds), the processor
shall not qualify as small for purposes
of reporting on the processing of that
chemical substance at that site, unless
the processor qualifies as small under
paragraph (a)(7)(ii) of this section.
(ii) Second standard. A processor of a
chemical substance is small if its total
annual sales, when combined with
those of its parent company (if any),
are less than $4 million, regardless of
the quantity of the particular chemical
substance processed by that company.
(iii) Inflation index. EPA will use the
Inflation Index described in the definition of small manufacturer set forth in
§ 704.3, for purposes of adjusting the
total annual sales values of this small
processor definition. EPA will provide
notice in the FEDERAL REGISTER when
changing the total annual sales values
of this definition.
(8) Subunit means an atom or group
of associated atoms chemically derived
from corresponding reactants.
(b) Persons who must report. Except as
provided in paragraph (c) of this section, the following persons are subject
to this section:
(1) Persons who manufacture or propose to manufacture 11–AA:
(i) For use as an intermediate in the
manufacture of polymers in an enclosed process when it is expected that
the 11–AA will be fully polymerized
during the manufacturing process, or
(ii) For use as a component in
photoprocessing solutions.
(2) Persons who import or propose to
import 11–AA:
(i) For use as an intermediate in the
manufacture of polymers in an enclosed process when it is expected that
the 11–AA will be fully polymerized
during the manufacturing process, or
(ii) For use as a component in
photoprocessing solutions.
(3) Persons who process or propose to
process 11–AA:
(i) For use as an intermediate in the
manufacture of polymers in an enclosed process when it is expected that
the 11–AA will be fully polymerized
during the manufacturing process, or
(ii) For use as a component in
photoprocessing solutions.

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§ 704.33

40 CFR Ch. I (7–1–06 Edition)

Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–0001,
ATTN: 11–AA Notification.

when changing the total annual sales
values of this definition.
(b) Persons who must report. Except as
provided in paragraph (c) of this section, the following persons are subject
to the reporting requirements of this
rule; a person may become subject to
this rule more than once, for more
than one substance or under more than
one of the criteria listed in this paragraph (b).
(1) Persons who manufactured, imported, or processed P-TBBA, P-TBT,
and/or P-TBB for commercial purposes
during the person’s latest complete
corporate fiscal year prior to June 25,
1986. For purposes of this provision,
processors of P-TBBA, P-TBT, and/or
P-TBB shall include only those persons
who processed the substances other
than as non-isolated intermediates.
(2) Persons who commence manufacture or importation of P-TBBA, P-TBT,
and/or P-TBB for commercial purposes
after June 25, 1986. This provision is applicable to persons who cease manufacture or importation of P-TBBA, P-TBT,
and/or P-TBB after June 25, 1986 and
then subsequently resume manufacture
or importation of the substance(s).
(3) Persons who process P-TBBA, PTBT, and/or P-TBB for commercial
purposes in any way other than as a
non-isolated intermediate after June
25, 1986.
(c) Persons not subject to this rule. In
addition to the persons described in
§ 704.5, small processors, as defined in
paragraph (a)(4) of this section, are not
subject to this rule.
(d) Information to report. Persons subject to this rule as described in paragraph (b) of this section shall report information to EPA as specified in this
paragraph (d). Respondents to this rule
shall report all information that is
known to or reasonably ascertainable
by the person reporting. For purposes
of importer reporting under this paragraph, a site is the operating unit within the person’s organization which is
directly responsible for importing the
substance and which controls the import transaction. The import site may
in some cases be the organization’s
headquarters office in the United
States.
(1) All manufacturers, importers, and
processors specified in paragraph (b) of

[52 FR 19864, May 28, 1987, as amended at 60
FR 16308, Mar. 29, 1995; 60 FR 34463, July 3,
1995; 71 FR 33641, June 12, 2006]

§ 704.33 P-tert-butylbenzoic acid (PTBBA), p-tert-butyltoluene (P-TBT)
and p-tert-butylbenzaldehyde (PTBB).
(a) Definitions. (1) P-TBBA means the
substance
p-tert-butylbenzoic
acid,
also
identified
as
4-(1,1dimethylethyl)benzoic acid, CAS No.
98–73–7.
(2) P-TBT means the substance ptert-butyltoluene, also identified as 1(1,1-dimethylethyl)-4-methylbenzene,
CAS No. 98–51–1.
(3) P-TBB means the substance ptert-butylbenzaldehyde, also identified
as 4-(1,1-dimethylethyl)benzaldehyde,
CAS No. 939–97–9.
(4) Small processor means a processor
that meets either the standard in paragraph (a)(4)(i) of this section or the
standard in paragraph (a)(4)(ii) of this
section.
(i) First standard. A processor of a
chemical substance is small if its total
annual sales, when combined with
those of its parent company, if any, are
less than $40 million. However, if the
annual processing volume of a particular chemical substance at any individual site owned or controlled by the
processor is greater than 45,400 kilograms (100,000 pounds), the processor
shall not qualify as small for purposes
of reporting on the processing of that
chemical substance at that site, unless
the processor qualifies as small under
paragraph (a)(1)(ii) of this section.
(ii) Second standard. A processor of a
chemical substance is small if its total
annual sales, when combined with
those of its parent company (if any),
are less than $4 million, regardless of
the quantity of the particular chemical
substance processed by that company.
(iii) Inflation index. EPA shall use the
Inflation Index described in the definition of small manufacturer that is set
forth in § 704.3, for purposes of adjusting the total annual sales values of this
small processor definition. EPA shall
provide FEDERAL REGISTER notification

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§ 704.33

this section shall report their name
and headquarters address.
(2) All manufacturers, importers, and
processors specified in paragraph (b) of
this section shall report the name, address, and office telephone number (including area code) of their principal
technical contact.
(3) All manufacturers, importers, and
processors specified in paragraph (b) of
this section shall report the name and
address of each site where P-TBBA, PTBT, and/or P-TBB is manufactured,
imported, or processed.
(4) All manufacturers, importers, and
processors specified in paragraph (b)(1)
of this section only shall report the information described in this paragraph
(d)(4). Respondents to this paragraph
(d)(4) shall report separately for each
substance that they manufacture, import, or process, and for each site at
which they do so. However, if the information to be reported in response to
this paragraph (d)(4) is the same for
different sites, the respondent need not
report separately for each site but need
only notify EPA that the information
is the same for each site. The information to be reported under this paragraph (d)(4) shall cover the respondent’s latest complete corporate fiscal
year prior to June 25, 1986. Respondents
to this paragraph (d)(4) shall report the
following information:
(i) The total quantity (by weight) of
P-TBBA, P-TBT, or P-TBB manufactured, imported, or processed for commercial purposes per site.
(ii) A narrative description of the
manufacturing, importing, or processing operation(s) involving P-TBBA,
P-TBT, or P-TBB at each site.
(iii) A narrative description of worker activities involving P-TBBA, P-TBT,
or P-TBB at each site, including the
number of workers potentially exposed
to each substance and, if applicable,
the number of workers potentially exposed to more than one substance.
(iv) The potential routes of worker
exposure to P-TBBA, P-TBT, or P-TBB
at each site (e.g., inhalation, ingestion,
dermal absorption).
(v) Available monitoring data from
employee breathing zones with potential exposure to P-TBBA, P-TBT, or PTBB at each site, including a description of the method of monitoring, the

number of samples taken, and the potential number of workers similarly
exposed for each worker job category.
Respondents to this paragraph (d)(4)(v)
shall submit data showing a range of 8hour time weighted averages (TWAs),
provided that the data are available in
that form. Respondents also shall submit a calculated geometric mean of
these data, with an explanation of the
method by which the mean was derived. However, if the monitoring data
are not available in the form of 8-hour
TWAs, respondents shall submit raw
sample data results and the duration
time of sampling for each job category.
(vi) A narrative description of any
personal protective equipment and/or
engineering controls used to prevent
exposure to P-TBBA, P-TBT, or P-TBB
at each site.
(vii) A listing of the estimated quantities of P-TBBA, P-TBT, or P-TBB released directly into air, water, or land
from each site.
(viii) A narrative description of the
times during the manufacturing, importing, or processing operations involving P-TBBA, P-TBT, or P-TBB
when environmental release occurs at
each site.
(ix) A narrative description of any
engineering controls used to prevent
environmental release of P-TBBA, PTBT, or P-TBB at each site.
(x) A narrative description of all
known end uses of any P-TBBA, PTBT, or P-TBB that is manufactured,
imported, or processed by the respondent. The narrative need not include
customer identity.
(xi) A narrative description of the
methods used at each site for disposing
of wastes generated during the manufacture, importation, or processing of
P-TBBA, P-TBT, or P-TBB, including
the quantity and content of such
wastes (per site), the method of disposal, and an identification of the disposal site(s).
(5) All manufactureres, importers,
and processors specified in paragraph
(b) of this section shall report the information described in this paragraph
(d)(5). Respondents to this paragraph
(d)(5) shall report separately for each
substance that they intend to manufacture, import, or process during the first
2 years following the date on which

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§ 704.43

40 CFR Ch. I (7–1–06 Edition)

they become subject to this rule. The
data reported under this paragraph
(d)(5) shall cover that 2-year period.
Respondents to this paragraph (d)(5)
shall report separately for each site at
which they intend to manufacture, import, or process each substance. Respondents need not comply with this
paragraph (d)(5) if the information to
be reported is identical to that reported by the respondent under paragraph (d)(4) of this section, provided
that the respondent makes note of that
fact to EPA. Respondents to this paragraph (d)(5) shall report the following
information:
(i) An estimate of the total quantity
(by weight) of P-TBBA, P-TBT, or PTBB that the respondent intends to
manufacture, import, or process for
commercial purposes per site during
each of the first 2 years following the
date on which the respondent becomes
subject to this rule.
(ii) A narrative description of the intended manufacturing, importing, or
processing activities involving PTBBA, P-TBT, or P-TBB at each site
during the first 2 years following the
date on which the respondent becomes
subject to this rule. The description
shall include a summary of the intended manufacturing, importing, or
processing operation(s); a summary of
intended worker activities involving
the substances, including an estimate
of the number of persons anticipated to
be exposed annually to P-TBBA, PTBT, or P-TBB (per site) during the 2year period, the anticipated routes of
worker exposure to the substances
(e.g., inhalation, ingestion, dermal absorption); and a summary of any personal protective equipment and/or engineering controls that the respondent
intends to use to prevent exposure to
the substances.
(iii) A narrative description of anticipated environmental releases of PTBBA, P-TBT, or P-TBB at each site
from the manufacture, importation, or
processing of these substances during
the first 2 years following the date on
which the respondent becomes subject
to this rule. The narrative shall include the anticipated quantities of
each substance released directly into
air, water, or land, the anticipated
routes of environmental release, and

any intended engineering controls to
be used to prevent environmental release of the substances.
(iv) A narrative description of all anticipated end uses or P-TBBA, P-TBT,
or P-TBB resulting from the respondent’s manufacture, importation, or
processing of the substances during the
first 2 years following the date on
which the respondent becomes subject
to this rule. The summary need not include customer identity.
(v) A narrative summary of the anticipated disposal of wastes generated
from the manufacture, importation, or
processing of P-TBBA, P-TBT, or PTBB during the first 2 years following
the date on which the respondent becomes subject to this rule. The summary shall include the anticipated
quantity and content of such wastes
(per site), the intended method of disposal, and an identification of intended
disposal site(s).
(e) When to report. Persons subject to
this rule must submit the requisite information to EPA within 60 days of becoming subject to the rule under the
standards set forth in paragraph (b) of
this section.
(f) Certification. Persons subject to
this rule must attach the following
statement to any information submitted to EPA in response to this rule:
‘‘I hereby certify that, to the best of
my knowledge and belief, all of the attached information is complete and accurate.’’ This statement shall be signed
and dated by the company’s principal
technical contact.
(g) Recordkeeping. Persons subject to
the reporting requirements of this section must retain documentation of information contained in their reports
for a period of 5 years from the date of
the submission of the report.
[51 FR 17339, May 12, 1986; 51 FR 18323, May
19, 1986, as amended at 52 FR 20083, May 29,
1987; 58 FR 34204, June 23, 1993]

§ 704.43

Chlorinated naphthalenes.

(a)
Definitions.
(1)
Extent
of
chlorination means the percent by
weight of chlorine.
(2) Import means to import in bulk
form or as part of a mixture.
(3) Isomeric ratio means the relative
amounts of each isomeric chlorinated

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Environmental Protection Agency

§ 704.43

naphthalene that composes the chemical substance; and for each isomer the
relative amounts of each chlorinated
naphthalene designated by the position
of the chlorine atom(s) on the naphthalene.
(4) Polychlorinated biphenyl means
any chemical substance that is limited
to the biphenyl molecule and that has
been chlorinated to varying degrees.
(5) Small manufacturer means a manufacturer (including importers) who
meets either paragraph (a)(5) (i) or (ii)
of this section:
(i) A manufacturer of a chemical substance is small if its total annual sales,
when combined with those of its parent
company (if any), are less than $40 million. However, if the annual production
volume of a particular chemical substance at any individual site owned or
controlled by the manufacturer is
greater than 45,400 kilograms (100,000
pounds), the manufacturer shall not
qualify as small for purposes of reporting on the production of that chemical
substance at that site, unless the manufacturer qualifies as small under paragraph (a)(5)(ii) of this section.
(ii) A manufacturer of a chemical
substance is small if its total annual
sales, when combined with those of its
parent company (if any), are less than
$4 million, regardless of the quantity of
the particular chemical substance produced by that manufacturer.
(iii) For imported mixtures containing a chemical substance identified
in paragraph (b) of this section, the
45,400 kilograms (100,000 pounds) standard in paragraph (a)(5)(i) of this section
applies only to the amount of the
chemical substance in a mixture and
not the other components of the mixture.
(6) Waste means any solid liquid,
semisolid, or contained gaseous material that results from the production of
a chemical substance identified in
paragraph (b) of this section and which
is to be disposed.
(b) Substances for which reports must
be submitted.
CAS registry number
90–13–1
91–58–7
1321–64–8
1321–65–9
1335–87–1

...................
...................
..................
..................
..................

CAS registry number
1335–88–2
1825–30–5
1825–31–6
2050–69–3
2050–72–8
2050–73–9
2050–74–0
2050–75–1
2065–70–5
2198–75–6
2198–77–8
2234–13–1
25586–43–0
32241–08–0
70776–03–3

Chemical substance
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,

tetrachloro1,5-dichloro1,4-dichloro1,2-dichloro1,6-dichloro1,7-dichloro1,8-dichloro2,3-dichloro2,6-dichloro1,3-dichloro2,7-dichlorooctachlorochloroheptachlorochloro derivatives.

(c) Persons who must report. (1) Persons who are manufacturing or importing a chemical substance identified in
paragraph (b) of this section on October 8, 1984.
(2) Persons who propose to import a
chemical substance identified in paragraph (b) of this section on or after October 8, 1984.
(3) Persons who manufacture a chemical substance identified in paragraph
(b) of this section after October 8, 1984.
(4) A person is required to report only
once for each chemical substance identified in paragraph (b) of this section.
(d) Persons exempt from reporting. (1)
Small manufacturers.
(2) Persons described in § 704.5.
(e) What information to report. Persons
described in paragraph (c) of this section must notify EPA of current or
prospective manufacture or import.
The notice must include, to the extent
that it is known to or reasonably ascertainable by the person making the
report, the following information:
(1) Company name and address.
(2) Name, address, and telephone
number of the principal technical contact.
(3) For chemical substances proposed
to be imported, the proposed date of
import.
(4) A description of the use(s) or intended use(s) for the chemical substance.
(5) A description of the isomeric ratio
and extent of chlorination of the chemical substance and the impurity level
of polychlorinated biphenyls.
(6) The quantity (by weight) manufactured or imported within 12 months
prior to October 8, 1984, if any, and the
estimated quantity (by weight) to be
manufactured or imported for the first

Chemical substance
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,

..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................

1-chloro2-chloropentachlorotrichlorohexachloro-

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§ 704.45

40 CFR Ch. I (7–1–06 Edition)
(4) Polychlorinated biphenyl means
any chemical substance that is limited
to the biphenyl molecule that has been
chlorinated to varying degrees.
(5) Small manufacturer means a manufacturer (importers are defined as manufacturers under TSCA) who meets either of the following standards under
this rule:
(i) First standard. A manufacturer of
an existing chemical substance is small
if its total annual sales, when combined with those of its parent company
(if any), are less than $40 million. However, if the annual production volume
of a particular chemical substance at
any individual site owned or controlled
by the manufacturer is greater than
45,400 kilograms (100,000 pounds), the
manufacturer shall not qualify as
small for purposes of reporting on the
production of that chemical substance
at the site, unless the manufacturer
qualified as small under paragraph
(a)(5)(ii) of this section.
(ii) Second standard. A manufacturer
of an existing chemical substance is
small if its total annual sales, when
combined with those of its parent company (if any), are less than $4 million,
regardless of the quantity of chemicals
produced by that manufacturer.
(b) Persons who must report. Except
for small manufacturers and as provided in § 704.5, the following persons
are subject to the rule:
(1) Persons who manufacture or propose
to
manufacture
chlorinated
terphenyl.
(2) Persons who import (importers) or
propose
to
import
chlorinated
terphenyl as a chemical substance in
bulk or as part of a mixture.
(c) What information to report. Persons
subject to this rule as described in
paragraph (b) of this section must notify EPA of current or proposed manufacture or import of chlorinated
terphenyl. The notice must include, to
the extent that it is known to the person making the report or is reasonably
ascertainable, the following information:
(1) Company name and address.
(2) Name, address, and telephone
number of principal technical contact.
(3) A description of the use(s) or intended use(s) for chlorinated terphenyl.

3 years following the date of the report
or the date of the intended start of import whichever occurs later.
(7) The number of persons exposed to
the chemical substance during manufacture, import, processing, distribution in commerce, use, and disposal.
(8) If a manufacturer’s waste contains one or more of the chemical substances identified in paragraph (b) of
this section, the manufacturer must:
(i) Provide the quantity (by weight)
of the chemical substances identified
in paragraph (b) of this section present
in the waste.
(ii) Identify the constituents of the
waste and their concentrations,
(iii) State the rate of waste generation as a percentage of production volume,
(iv) Describe where in the manufacturing process the waste is generated,
and
(v) Describe the method for disposal
of the waste.
(f) When to report. (1) Persons who are
manufacturing or importing a chemical substance identified in paragraph
(b) of this section on October 8, 1984
must notify EPA by November 6, 1984.
(2) Persons who propose to import a
chemical substance identified in paragraph (b) of this section on or after October 8, 1984 must notify EPA by November 6, 1984, or 15 days after making
the management decision described in
§ 704.3, whichever is later in time.
(3) Persons who manufacture a chemical substance identified in paragraph
(b) of this section after October 8, 1984
must notify EPA within 30 days after
the initial date of manufacture.
[49 FR 33653, Aug. 24, 1984; 49 FR 45133, Nov.
15, 1984; 50 FR 1215, Jan. 10, 1985; 51 FR 19839,
June 3, 1986; 52 FR 20083, May 29, 1987. Redesignated at 53 FR 51717, Dec. 22, 1988]

§ 704.45 Chlorinated terphenyl.
(a)
Definitions.
(1)
Chlorinated
terphenyl means a chemical substance,
CAS No. 61788–33–6, comprised of
chlorinated
ortho-,
meta-,
and
paraterphenyl.
(2) Extent of chlorination means the
percent by weight of chlorine for each
isomer (ortho, meta, and para).
(3) Isomeric ratio means the ratios of
ortho-, meta-, and parachlorinated
terphenyls.

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Environmental Protection Agency

§ 704.95

(4) A description of the isomeric ratio
and extent of chlorination of the
chlorinated terphenyl and the impurity
level of polychlorinated biphenyls.
(5) The quantity (by weight) manufactured or imported within 12 months
prior to the effective date of the rule, if
any, and the estimated quantity (by
weight) to be manufactured or imported for the first three years following the date of the report or the
date of the intended start of production, whichever occurs later.
(6) The proposed date for the initiation of manufacturing or importation
of chlorinated terphenyl, if appropriate.
(d) When to report. Persons who are
manufacturing
or
importing
chlorinated terphenyl on the effective
date of the rule must notify EPA within 30 days of the effective date of the
rule. Persons who propose to manufacture or import chlorinated terphenyl
must notify EPA within 15 days after
making the management decision described in § 704.3 ‘‘Proposed to manufacture or import’’.

68309–98–8

68901–17–7
68958–86–1

68958–87–2

68958–88–3

(b) Persons who must report. Unless exempt as provided in § 704.5, reports
must be submitted by:
(1) Persons who manufacture or import any of the substances identified in
paragraph (a) of this section.
(2) Persons who propose to manufacture or propose to import any of the
substances identified in paragraph (a)
of this section. For the purposes of importer reporting under this section, an
import site is the operating unit within
the person’s organization which is directly responsible for importing the
substance and which controls the import transaction; the import site may
in some cases be the organization’s
headquarters office in the United
States.
(c) What information to report. Persons
identified in paragraph (b) of this section must report to EPA, for each of
the substances identified in paragraph
(a) of this section, the following information to the extent known to or reasonably ascertainable by them.
(1) Initial Report:
(i) Name and Chemical Abstracts
Service Registry Number of the substance for which the report is submitted.
(ii) Company name and headquarters
address.
(iii) Name, address, and telephone
number of the principal technical contact.
(iv) The total quantity (by weight in
pounds) of the substance manufactured
or imported for the person’s most recently completed corporate fiscal year.

§ 704.95 Phosphonic
acid,
[1,2ethanediyl-bis[nitrilobis-(methylene)]]tetrakis- (EDTMPA) and its
salts.
(a) Substances for which reporting is required. The chemical substances for
which reporting is required under this
section are:
CAS No.

Chemical name

15142–96–8

34274–30–1

57011–27–5
67924–23–6

67969–67–9

67989–89–3

Chemical name
Cobaltate (6-), [[[1,2-ethanediylbis [nitrilobis
(methylene)]] tetrakis- [phosphonato]] (6-)N,N′,O,O″,O″″,O″″″]-, pentaammonium hydrogen, (OC–6–21)Phosphonic acid, [1,2-ethanediylbis [nitrilobis
(methylene)]] tetrakis-, tetrapotassium salt
Cadmate (6-), [[[1,2-ethanediylbis [nitrilobis
(methylene)]] tetrakis- [phosphonato]] (8-)]-,
pentapotassium hydrogen, (OC–6–21)Phosphonic acid, [1,2-ethanediylbis [nitrilobis
(methylene)]] tetrakis-, octaammonium salt
Nickelate (6-), [[[1,2-ethanediylbis [nitrilobis
(methylene)]] tetrakis- [phosphonato]] (8-)]-,
pentaammonium hydrogen, (OC–6–21)Nickelate (6-), [[[1,2-ethanediylbis [nitrilobis
(methylene)]] tetrakis- [phosphonato]] (8-)]-,
pentapotassium hydrogen, (OC–6–21)Nickelate (6-), [[[1,2-ethanediylbis [nitrilobis
(methylene)]] tetrakis [phosphonato]] (8-)]-,
pentasodium hydrogen, (OC–6–21)-

68188–96–5

[49 FR 11184, Mar. 26, 1984, as amended at 49
FR 32068, Aug. 10, 1984; 50 FR 2048, Jan. 15,
1985; 52 FR 20083, May 29, 1987. Redesignated
at 53 FR 51717, Dec. 22, 1988; 58 FR 34204, June
23, 1993]

1429–50–1

CAS No.
68025–39–8

Phosphonic acid, [1,2-ethanediyl-bis[nitrilobis
(methylene)]] tetrakis- (EDTMPA)
Phosphonic
acid,
[1,2-ethanediylbis[nitrilobis(methylene)]]
tetrakis-,
hexasodium salt
Phosphonic
acid,
[1,2-ethanediylbis[nitrilobis(methylene)]] tetrakis-, potassium
salt
Phosphonic acid, [1,2-ethanediyl-bis[nitrilobis
(methylene)]] tetrakis-, ammonium salt
Cobaltate (6-), [[[1,2-ethanediylbis [nitrilobis
(methylene)]] tetrakis-[phosphonato]] (8-)]-,
pentapotassium hydrogen, (OC–6–21)Cobaltate (6-), [[[1,2-ethanediylbis [nitrilobis
(methylene)]] tetrakis- [phosphonato]] (8-)N,N′,O,O″,O″″,O″″″]-, pentasodium hydrogen, (OC–6–21)Cuprate (6-), [[[1,2-ethanediylbis [nitrilobis
(methylene)]] tetrakis- [phosphonato]] (8-)]-,
pentapotassium hydrogen, (OC–6–21)-

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§ 704.102

40 CFR Ch. I (7–1–06 Edition)

(v) A description of the commercial
uses of the substance during the person’s most recently completed corporate fiscal year, including the production volume for each use.
(vi) The estimated quantity (by
weight in pounds) of the substance proposed to be manufactured or imported
in the person’s current corporate fiscal
year.
(vii) A description of the intended
commercial uses of the substance during the person’s current corporate fiscal year, including the estimated production volume for each use.
(2) Follow-up Report:
(i) Name and Chemical Abstracts
Service Registry Number of the substance for which the report is submitted.
(ii) Company name and headquarters
address.
(iii) Name, address, and telephone
number of the principal technical contact.
(iv) The estimated quantity (by
weight in pounds) of the substance proposed to be manufactured or imported
in the person’s current corporate fiscal
year.
(v) A description of the intended
commercial uses of the substance during the person’s current corporate fiscal year, including the estimated production volume for each use.
(d) When to report. (1) Persons specified in paragraph (b)(1) of this section
who are manufacturing or importing
the substance as of December 5, 1988
must submit an initial report described
in paragraph (c)(1) of this section by
January 3, 1989.
(2) Persons specified in paragraph
(b)(2) of this section must submit an
initial report within 30 days after making the management decision described
in § 704.3 or by January 3, 1989, whichever is later.
(3) Persons specified in paragraph (b)
of this section, who submitted a report
described in paragraph (c)(1) of this
section, must submit a follow-up report
described in paragraph (c)(2) of this
section within 30 days of making the
management decision, described at
§ 704.3, to do either of the following
events:
(i) Manufacture or import the substance in a quantity 50 percent greater

than the quantity reported in the most
recently submitted report.
(ii) Manufacture or import the substance for a use not reported for that
substance in any previous report.
(e) Certification. Persons subject to
this section must attach the following
statement to any information submitted to EPA in response to this section: ‘‘I hereby certify that, to the best
of my knowledge and belief, all of the
attached information is complete and
accurate.’’ This statement must be
signed and dated by the company’s
principal technical contact.
(f) Recordkeeping. Persons subject to
the reporting requirements of this section must retain documentation of information contained in their reports
for a period of 5 years from the date of
the submission of the report.
[53 FR 41337, Oct. 21, 1988, as amended at 58
FR 34204, June 23, 1993]

§ 704.102 Hexachloronorbornadiene.
(a) Definitions. (1) Endrin means the
pesticide 2,7:3,6-Dimethanonaphth[2,3b]oxirene,3,4,5,6,9,9-hexachloro1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,
2beta, 2abeta, 3alpha, 6alpha, 6abeta,
7beta, 7aalpha)-, CAS Number 72–20–8.
(2) HEX-BCH means the chemical
substance
1,2,3,4,7,7hexachloronorbornadiene, CAS Number
3389–71–7.
(3) Isodrin means the pesticide 1,4:5,8Dimethanonaphthalene,1,2,3,4,10,10hexacholoro-1,4,4a,5,8,8a-hexahydro-,
(1alpha, 4alpha, 4abeta, 5beta, 8beta,
8abeta)-, CAS Number 465–73–6.
(4) Small business means any manufacturer, importer, or processor who
meets either paragraph (a)(4)(i) or (ii)
of this section:
(i) A business is small if its total annual sales, when combined with those
of its parent (if any), are less than $40
million. However, if the annual manufacture, importation, or processing volume of a particular chemical substance
at any individual site owned or controlled by the business is greater than
45,400 kilograms (100,000 pounds), the
business shall not qualify as small for
purposes of reporting on the manufacture, importation, or processing of that
chemical substance at that site, unless
the business qualifies as small under
paragraph (a)(4)(ii) of this section.

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Environmental Protection Agency

§ 704.102
(ii) Name, address, and telephone
number of the principal contact.
(iii) Name and address of plant sites
where HEX-BCH is or is proposed to be
manufactured, imported, or processed,
noting for each plant site which activity takes or would take place at each
site.
(iv) If applicable, the intended date
for initiating the manufacture, import,
or processing of HEX-BCH.
(v) If applicable, the actual quantity
(by weight) of HEX-BCH manufactured,
imported, or processed during the most
recently concluded year.
(vi) The estimated quantity (by
weight) of HEX-BCH to be manufactured, imported, or processed each year
during the first 3 years following the
date of the report or the date of the intended start of manufacture, import, or
processing, whichever occurs later.
(vii) For each year described in paragraphs (d)(1) (v) and (vi) of this section:
the number or expected number of employees exposed to HEX-BCH during
the manufacture, import, processing,
distribution in commerce, use, and disposal; the routes of exposure; and the 8hour time weighted average of exposure.
(viii) If employees are exposed or expected to be exposed to HEX-BCH,
state for each reported route of exposure, whether personal protective
equipment is used or expected to be
used, and a description of the personal
protective equipment.
(ix) The actual or anticipated quantity, content, method of disposal, and
disposal site of any wastes generated or
expected to be generated during the
manufacture, importation, or processing of HEX-BCH.
(2) Subsequent reports must provide,
to the extent known to or reasonably
ascertainable by the person reporting,
the information in paragraph (d)(1) of
this section and a statement explaining
why the subsequent report is required.
(e) When to report. (1) Persons who are
manufacturing, importing, or processing HEX-BCH on January 2, 1986,
must submit an initial report to EPA
by February 3, 1986.
(2) Persons who propose to manufacture, import, or process HEX-BCH on
or after January 2, 1986, must submit
an initial report to EPA by February 3,

(ii) A business is small if its total annual sales, when combined with those
of its parent company (if any), are less
than $4 million, regardless of the quantity of the particular chemical substance manufactured, imported, or
processed by that business.
(iii) For imported and processed mixtures containing HEX-BCH, the 45,400
kilograms (100,000 pounds) standard in
paragraph (a)(4)(i) of this section applies only to the amount of HEX-BCH
in a mixture and not the other components of the mixture.
(5) 8-hour time weighted average means
the cumulative exposure for an 8-hour
work shift computed as follows:
Ca Ta+Cb Tb+ . . . Cn Tn
E=
8
Where:
E is the equivalent exposure for the working
shift.
Ci is the concentration (i.e., parts per million) during any period of time (Ti) where
the concentration remains constant.
Ti is the duration in hours of the exposure at
the concentration Ci.

(6) Year means corporate fiscal year.
(b) Persons who must report. (1) Reports must be submitted by:
(i) Persons who are manufacturing,
importing, or processing HEX-BCH for
use as an intermediate in the production or isodrin or endrin on or after
January 2, 1986; and
(ii) Persons who propose to manufacture, import, or process HEX-BCH for
use as an intermediate in the production of isodrin or endrin, on or after
January 2, 1986.
(2) Persons described in paragraph
(b)(1) of this section who engage or propose to engage in more than one activity (i.e., manufacture and processing)
must report the information required
in paragraph (d) separately for each activity.
(c) Persons exempt from reporting. (1)
Small businesses.
(2) Persons described in § 704.5(a) and
(c).
(d) Information to report. (1) Initial reports must include, to the extent that
it is known to or reasonably ascertainable by the person reporting, the following information:
(i) Company name and address.

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§ 704.104

40 CFR Ch. I (7–1–06 Edition)
(g) Recordkeeping. Any person subject
to the reporting requirements of this
section must:
(1) Retain documentation of information contained in their reports. This
documentation must be maintained for
a period of 3 years from the date of the
submission of the report; and
(2) Retain the certification required
by paragraph (f) of this section for 3
years from the date of its creation.

1986, or 30 days after making the management decision described in § 704.3
‘‘Propose to manufacture, import, or
process,’’ whichever is later in time.
(3) Persons described in paragraph (b)
of this section, who have submitted a
report described in paragraph (d) of
this section, must submit a subsequent
report within 30 days of any of the following events. Based on the most recently submitted report:
(i) The manufacture, importation, or
processing of HEX-BCH begins at a
plant site different than that reported
pursuant to paragraph (d)(1)(iii) of this
section.
(ii) The actual quantity (by weight)
of HEX-BCH manufactured, imported,
or processed in a given year is greater
than or equal to 200 percent of the estimated value for that year reported pursuant to paragraph (d)(1)(vi) of this section.
(iii) The total number of employees
exposed to HEX-BCH is greater than
130 percent of the projected value reported pursuant to paragraph (d)(1)(vii)
of this section.
(iv) The route of exposures to HEXBCH differs from that reported pursuant to paragraph (d)(1)(vii) of this section.
(v) The actual 8-hour time weighted
average exposure for any activity exceeds the projection reported pursuant
to paragraph (d)(1)(vii) of this section
by more than 100 percent.
(vi) The method of disposal or disposal site reported pursuant to paragraph (d)(1)(ix) of this section has
changed.
(vii) Three years have passed since
the most recent submission of a report
and the person is still engaged in the
manufacture, importation, or processing of HEX-BCH.
(f) Certification of review. Each person
who submits a report under this section must for 3 years following the submission date of the most recent submission, review their activities at the
end of each year to determine whether
any reportable event specified in paragraph (e)(3) of this section has occurred. If a review shows that none of
these events has occurred, the person is
required to certify this fact in writing.

[50 FR 47536, Nov. 19, 1985, as amended at 52
FR 20083, May 29, 1987. Redesignated at 53 FR
51717, Dec. 22, 1988; 58 FR 34204, June 23, 1993]

§ 704.104

Hexafluoropropylene oxide.

(a) Definitions. (1) ‘‘HFPO’’ means the
chemical
substance
hexafluoropropylene oxide, CAS Number 428–59–1. [Listed in TSCA Inventory
as oxirane, trifluoro(trifluoromethyl)-]
(2) ‘‘Enclosed process’’ means a process that is designed and operated so
that there is no intentional release of
any substance present in the process. A
process with fugitive, inadvertent, or
emergency pressure relief releases remains an enclosed process so long as
measures are taken to prevent worker
exposure to and environmental contamination from the releases.
(3) ‘‘Small processor’’ means a processor that meets either the standard in
paragraph (a)(3)(i) of this section or the
standard in paragraph (a)(3)(ii) of this
section.
(i) First standard. A processor of a
chemical substance is small if its total
annual sales, when combined with
those of its parent company, if any, are
less than $40 million. However, if the
annual processing volume of a particular chemical substance at any individual site owned or controlled by the
processor is greater than 45,400 kilograms (100,000 pounds), the processor
shall not qualify as small for purposes
of reporting on the processing of that
chemical substance at that site, unless
the processor qualifies as small under
paragraph (a)(3)(ii) of this section.
(ii) Second standard. A processor of a
chemical substance is small if its total
annual sales, when combined with
those of its parent company (if any),
are less than $4 million, regardless of
the quantity of the particular chemical
substance processed by that company.

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Environmental Protection Agency

§ 704.175

(iii) Inflation index. EPA will use the
Inflation Index described in the definition of ‘‘small manufacturer’’ that is
set forth in § 704.3 for purposes of adjusting the total annual sales values of
this small processor definition. EPA
will provide FEDERAL REGISTER notification when changing the total annual
sales values of this definition.
(b) Persons who must report. Except as
provided in paragraph (c) of this section, the following persons are subject
to this section:
(1) Persons who manufacture or propose to manufacture HFPO for use as
an intermediate in the manufacture of
fluorinated substances in an enclosed
process.
(2) Persons who import or propose to
import HFPO for use as an intermediate
in
the
manufacture
of
fluorinated substances in an enclosed
process.
(3) Persons who process or propose to
process HFPO as an intermediate in
the manufacture of fluorinated substances in an enclosed process.
(c) Persons not subject to this rule. The
following persons are not subject to
this rule:
(1) Small processors.
(2) Persons described in § 704.5 (a)
through (d).
(3) Persons who have already submitted to EPA a completed copy of the
Preliminary Assessment Information
Manufacturer’s Report (EPA Form
7710–35, as described at § 712.28 of this
chapter) for HFPO are not required to
report under this section with respect
to activities previously reported on.
(d) What information to report. Persons
identified in paragraph (b) of this section must submit a Premanufacture
Notice Form (EPA Form 7710–25).
(e) When to report. (1) Persons who are
manufacturing, importing, or processing, or who propose to manufacture,
import, or process HFPO for use as an
intermediate in the manufacture of
fluorinated substances in an enclosed
process as of December 10, 1987, must
report by February 8, 1988.
(2) Persons who propose to manufacture, import, or process HFPO for use
as an intermediate in the manufacture
of fluorinated substances in an enclosed process after December 10, 1987,
must report within 30 days after mak-

ing a firm management decision to
commit financial resources for the
manufacturing, importing, or processing of HFPO.
(f) Recordkeeping. Persons subject to
the reporting requirements of this section must retain documentation of information contained in their reports
for a period of 5 years from the date of
submission of the reports.
(g) Where to send reports. Reports
must be submitted by certified mail to
the Document Control Office (DCO)
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–0001,
ATTN: HFPO Reporting.
[52 FR 41299, Oct. 27, 1987, as amended at 58
FR 34204, June 23, 1993; 60 FR 16308, Mar. 29,
1995; 60 FR 31920, June 19, 1995; 60 FR 34463,
July 3, 1995; 71 FR 33641, June 12, 2006]

§ 704.175 4,4′-methylenebis(2chloroaniline) (MBOCA).
(a) Substance subject to reporting. The
chemical substance 4,4′-methylenebis(2chloroaniline) (CAS No. 101–14–4) is
subject to reporting under this section.
The substance also is identified as 4,4′methylenebis(2-chlorobenzenamine)
and MBOCA.
(b) Persons who must report. Except as
provided in paragraph (c) of this section, the following persons are subject
to this rule.
(1) Persons who propose to manufacture MBOCA in the United States on or
after June 2, 1986.
(2) Persons who are manufacturing
MBOCA in the United States as of June
2, 1986.
(3) Persons manufacturing MBOCA in
the United States on or after June 2,
1986 who propose to change their manner or method of manufacturing the
substance from a manner or method of
manufacturing that previously was reported under this section.
(c) Persons not subject to this rule. The
following persons are exempt from the
reporting requirements of this section:
(1) Persons who import MBOCA into
the customs territory of the United
States and do not otherwise manufacture the substance in the United
States.
(2) Persons who complied with the requirements of this section prior to

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Pt. 707

40 CFR Ch. I (7–1–06 Edition)
Subpart B—General Import Requirements
and Restrictions

June 2, 1986 and received written notification of compliance from EPA.
(d) What information to report. Persons
who are subject to this rule as described in paragraph (b) of this section
must report information to EPA by
completing the following parts of the
notice form contained in appendix A to
part 720 of this chapter: Parts I.A., I.B.,
I.C.1., I.C.3., and II.A.; also, part III as
appropriate. Persons subject to the requirements of this section also must
submit a narrative description of any
processing and packaging of MBOCA
that occurs at the manufacturing plant
site, including the number of workers
potentially exposed to MBOCA during
on-site processing and packaging of
MBOCA and a description of any personal protective equipment and/or engineering controls that would be used
to prevent release of and exposure to
MBOCA during on-site processing and
packaging. Persons subject to the requirements of this section are not required to submit information on processing or use of MBOCA away from the
manufacturing plant site. Respondents
to this rule shall report all information
that is known to or reasonably ascertainable by the person reporting.
(e) When to report. (1) Persons specified in paragraph (b)(1) of this section
must report by July 2, 1986 or within 30
days after making a firm management
decision to commit financial resources
for the manufacture of MBOCA, whichever is later in time.
(2) Persons specified in paragraph
(b)(2) of this section must report by
July 2, 1986.
(3) Persons specified in paragraph
(b)(3) of this section must report within
30 days of making a firm management
decision to commit financial resources
to change their manner or method of
manufacturing the substance from a
manner or method of manufacturing
that previously was reported under this
section.

Sec.
707.20

Chemical substances import policy.

Subpart C [Reserved]
Subpart D—Notices of Export Under
Section 12(b)
707.60 Applicability and compliance.
707.63 Definitions.
707.65 Submission to agency.
707.67 Contents of notice.
707.70 EPA notice to foreign governments.
707.72 Termination of reporting requirements.
707.75 Confidentiality.
AUTHORITY: 15 U.S.C. 2611(b) and 2612.
SOURCE: 45 FR 82850, Dec. 16, 1980, unless
otherwise noted.

Subpart A [Reserved]
Subpart B—General Import
Requirements and Restrictions
§ 707.20 Chemical substances import
policy.
(a) Scope. (1) This statement addresses the policy of the Environmental
Protection Agency (EPA) on importation of chemical substances, mixtures,
and articles under section 13 of the
Toxic Substances Control Act (TSCA;
15 U.S.C. 2601 et seq.). In particular, it
addresses aspects of the regulation promulgated by the United States Customs Service (Customs), Department of
the Treasury (19 CFR 12.118 through
12.127, and 127.28 [amended]) to implement section 13 of TSCA, 15 U.S.C. 2612.
Section 13 requires the Secretary of the
Treasury to refuse entry into the Customs territory of the United States of
a chemical substance, mixture, or article if it does not comply with rules in
effect under TSCA, or if it is offered for
entry in violation of TSCA or rules or
orders under TSCA.
(2) In addition to this statement of
policy, EPA will continue, as necessary, to address problems associated
with imports in rulemaking and other
actions under individual sections of
TSCA, i.e., sections 4, 5, 6, 7, 8, and 12.
Sections 5, 6, and 7 apply directly to
imports subject to the section 13 requirements. Section 12 may apply to

[51 FR 13223, Apr. 18, 1986, as amended at 52
FR 20083, May 29, 1987; 58 FR 34204, June 23,
1993]

PART 707—CHEMICAL IMPORTS
AND EXPORTS
Subpart A [Reserved]

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