ICR Attachment 2: 40 CFR 710

OMB Control Number 2070-0162; EPA ICR Number 1884.04
ICR Attachment 2
40 CFR 710
TSCA Inventory Update Reporting Rule

Environmental Protection Agency

Pt. 710

(2) Notice by EPA to the importing
country shall be sent no later than 5
working days after receipt by the
TSCA Document Processing Center of
the first notification from any exporter
for each chemical substance or mixture
that is the subject of an order issued,
an action that is pending, or relief that
has been granted under TSCA section
5(e), a rule that has been proposed or
promulgated under TSCA section
5(a)(2), or for which the submission of
data is required under TSCA section 4
or 5(b).
(b) Notices shall:
(1) Identify the regulated chemical.
(2) Summarize the regulatory action
taken, or indicate the availability of
data under section 4 or 5(b) of TSCA.
(3) Identify an EPA official to contact for further information.
(4) Include a copy of the pertinent
FEDERAL REGISTER notice.
(c) Notices shall be sent to the country’s ambassador in Washington, DC,
or other official designated by the foreign government, and to the United
States Department of State.

the submitter must clearly identify the
information that is claimed confidential by marking the specific information on each page with a label such as
‘‘confidential business information’’,
‘‘proprietary’’, or ‘‘trade secret’’.
(c) Notwithstanding any claim of
confidentiality, information outlined
in § 707.70 will be included in the EPA
notice to the foreign government. With
this exception, EPA will disclose information that is covered by a claim of
confidentiality asserted in accordance
with this section only to the extent
permitted by, and in accordance with,
the procedures set forth in TSCA and
part 2 of this chapter.
(d) If a person does not assert a claim
of confidentiality for information at
the time a notice is submitted to EPA,
the Agency may make the information
public, including placement in a public
file, without further notice to the person.

[45 FR 82850, Dec. 16, 1980, as amended at 58
FR 40242, July 27, 1993; 71 FR 66245, Nov. 14,
2006]

Subpart A—General Provisions

PART 710—TSCA CHEMICAL
INVENTORY REGULATIONS
Sec.
710.1
710.3
710.4

§ 707.72 Termination of reporting requirements.
(a) The reporting requirements of
subpart D of this part are terminated
for certain specific chemical substances and mixtures as set forth in
this paragraph.
(1) When data required under part 766
of this chapter have been submitted to
EPA for a specific chemical substance
produced by a specific process, and the
data show no positive test result as defined in § 766.3 of this chapter, reporting is no longer required by persons
who export or intend to export that
substance produced by that process.
(2) [Reserved]
(b) [Reserved]

Subpart B—2002 Inventory Update
Reporting
710.23 Definitions.
710.25 Chemical substances for which information must be reported.
710.26 Chemical substances for which information is not required.
710.28 Persons who must report.
710.29 Persons not subject to this subpart.
710.30 Activities for which reporting is not
required.
710.32 Reporting information to EPA.
710.33 When to report.
710.35 Duplicative reporting.
710.37 Recordkeeping requirements.
710.38 Confidentiality.
710.39 How do I submit the required information?

[52 FR 21437, June 5, 1987]

§ 707.75 Confidentiality.
(a) A person may assert a claim of
confidentiality for any information
which is submitted to EPA in a notice.
(b) Any claim of confidentiality must
accompany the information at the time
it is submitted to EPA. In the notice,
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Scope and compliance.
Definitions.
Scope of the inventory.

Subpart C—Inventory Update Reporting for
2006 and Beyond
710.43 Definitions.
710.45 Chemical substances for which information must be reported.
710.46 Chemical substances for which information is not required.

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40 CFR Ch. I (7–1–08 Edition)

710.48 Persons who must report.
710.49 Persons not subject to this subpart.
710.50 Activities for which reporting is not
required.
710.52 Reporting information to EPA.
710.53 When to report.
710.55 Duplicative reporting.
710.57 Recordkeeping requirements.
710.58 Confidentiality.
710.59 Availability of reporting form and instructions.

after 2002 appear in subpart C. Prior to
January 1, 2003, the regulations in subpart B of this part are effective for purposes of Inventory update activities. As
of January 1, 2003, subpart C is effective for purposes of Inventory update
activities. The Agency intends to remove subpart B from the CFR once the
2002 update is complete.
(c) Section 15(3) of TSCA makes it
unlawful for any person to fail or
refuse to submit information required
under these reporting regulations. In
addition, section 15(3) makes it unlawful for any person to fail to keep, and
permit access to, records required by
these regulations. Section 16 provides
that any person who violates a provision of section 15 is liable to the United
States for a civil penalty and may be
criminally prosecuted. Pursuant to section 17, the Government may seek judicial relief to compel submission of section 8(a) information and to otherwise
restrain any violation of section 15.
(EPA does not intend to concentrate
its enforcement efforts on insignificant
clerical errors in reporting.)
(d) Each person who reports under
these
regulations
must
maintain
records that document information reported under these regulations and, in
accordance with the Act, permit access
to, and the copying of, such records by
EPA officials.

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

Subpart A—General Provisions

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§ 710.1 Scope and compliance.
(a) This part establishes regulations
governing reporting and recordkeeping
by certain persons who manufacture,
import, or process chemical substances
for commercial purposes under section
8(a) of the Toxic Substances Control
Act (15 U.S.C. 2607(a)) (TSCA). Section
8(a) authorizes the Administrator to
require reporting of information necessary for administration of the Act
and requires EPA to issue regulations
for the purpose of compiling and keeping current an inventory of chemical
substances manufactured or processed
for a commercial purpose, as required
by section 8(b) of the Act. Following an
initial reporting period, EPA published
an initial inventory of chemical substances manufactured, processed, or
imported for commercial purposes. In
accordance with section 8(b), EPA periodically amends the inventory to include new chemical substances which
are manufactured or imported for a
commercial purpose and reported under
section 5(a)(1) of the Act. EPA also revises the categories of chemical substances and makes other amendments
as appropriate.
(b) The regulations in this part apply
to the activities associated with the
compilation of the TSCA Chemical Inventory and the update of information
on a subset of the chemical substances
included on the Inventory. The Inventory Update regulations were amended
in 2002; however, these amendments
apply to updates after 2002, not to the
2002 update. In order to prevent confusion as to which regulations apply to
which update, EPA has preserved the
provisions that apply to the 2002 update in subpart B. The new and revised
requirements that apply to updates

[68 FR 887, Jan. 7, 2003]

§ 710.3 Definitions.
In addition to the definitions in
§ 704.3 of this chapter, the following
definitions apply to this part:
(a) The following terms will have the
meaning contained in the Federal
Food, Drug, and Cosmetic Act, 21
U.S.C. 321 et seq., and the regulations
issued under such Act: Cosmetic, device,
drug, food, and food additive. In addition, the term food includes poultry
and poultry products, as defined in the
Poultry Products Inspection Act, 21
U.S.C. 453 et seq.; meats and meat food
products, as defined in the Federal
Meat Inspection Act, 21 U.S.C. 60 et
seq.; and eggs and egg products, as defined in the Egg Products Inspection
Act, 21 U.S.C. 1033 et seq.
(b) The term pesticide will have the
meaning contained in the Federal Insecticide, Fungicide, and Rodenticide

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§ 710.3
(4) Any source material, special nuclear material, or byproduct material,
(5) Any pistol, firearm, revolver,
shells, and cartridges, and
(6) Any food, food additive, drug, cosmetic, or device, when manufactured,
processed, or distributed in commerce
for use as a food, food additive, drug,
cosmetic, or device.
Commerce means trade, traffic, transportation, or other commerce:
(1) Between a place in a State and
any place outside of such State, or
(2) Which affects trade, traffic, transportation, or commerce described in
paragraph (1) of this definition.
Distribute in commerce and distribution
in commerce, when used to describe an
action taken with respect to a chemical substance or mixture or article
containing a substance or mixture,
mean to sell or the sale of the substance, mixture, or article in commerce; to introduce or deliver for introduction into commerce, or the introduction or delivery for introduction
into commerce of the substance, mixture, or article; or to hold or the holding of the substance, mixture, or article after its introduction into commerce.
EPA means the U.S. Environmental
Protection Agency.
Importer means any person who imports any chemical substance or any
chemical substance as part of a mixture or article into the customs territory of the U.S. and includes:
(1) The person primarily liable for
the payment of any duties on the merchandise, or
(2) An authorized agent acting on his/
her behalf (as defined in 19 CFR 1.11).
Impurity means a chemical substance
which is unintentionally present with
another chemical substance.
Intermediate means any chemical substance:
(1) Which is intentionally removed
from the equipment in which it is manufactured, and
(2) Which either is consumed in whole
or in part in chemical reaction(s) used
for the intentional manufacture of
other chemical substance(s) or mixture(s), or is intentionally present for
the purpose of altering the rate of such
chemical reaction(s).

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Act, 7 U.S.C. 136 et seq., and the regulations issued thereunder.
(c) The following terms will have the
meaning contained in the Atomic Energy Act of 1954, 42 U.S.C. 2014 et seq.,
and the regulations issued thereunder:
Byproduct material, source material, and
special nuclear material.
(d) The following definitions also
apply to this part:
Act means the Toxic Substances Control Act, 15 U.S.C. 2601 et seq.
Administrator means the Administrator of the U.S. Environmental Protection Agency, any employee or authorized representative of the Agency
to whom the Administrator may either
herein or by order delegate his/her authority to carry out his/her functions,
or any other person who will by operation of law be authorized to carry out
such functions.
An article is 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 may occur as described in
§ 710.4(d)(5); except that fluids and particles are not considered articles regardless of shape or design.
Byproduct means a chemical substance produced without separate commercial intent during the manufacture
or processing of another chemical substance(s) or mixture(s).
Chemical substance means any organic
or inorganic substance of a particular
molecular identity, including any combination of such substances occurring
in whole or in part as a result of a
chemical reaction or occurring in nature, and any chemical element or
uncombined
radical;
except
that
‘‘chemical substance’’ does not include:
(1) Any mixture,
(2) Any pesticide when manufactured,
processed, or distributed in commerce
for use as a pesticide,
(3) Tobacco or any tobacco product,
but not including any derivative products,

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40 CFR Ch. I (7–1–08 Edition)

NOTE: The equipment in which it was manufactured includes the reaction vessel in which
the chemical substance was manufactured
and other equipment which is strictly ancillary to the reaction vessel, and any other
equipment through which the chemical substance may flow during a continuous flow
process, but does not include tanks or other
vessels in which the chemical substance is
stored after its manufacture.

during a continuous flow process, but
not including tanks or other vessels in
which the substance is stored after its
manufacture.
Person means any natural or juridical
person including any individual, corporation, partnership, or association,
any State or political subdivision
thereof, or any municipality, any
interstate body and any department,
agency, or instrumentality of the Federal Government.
Process means the preparation of a
chemical substance or mixture, after
its manufacture, for distribution in
commerce:
(1) In the same form or physical state
as, or in a different form or physical
state from, that in which it was received by the person so preparing such
substance or mixture, or
(2) As part of a mixture or article
containing the chemical substance or
mixture.
Process ‘‘for commercial purposes’’
means to process:
(1) For distribution in commerce, including for test marketing purposes, or
(2) For use as an intermediate.
Processor means any person who processes a chemical substance or mixture.
Site means a contiguous property
unit. Property divided only by a public
right-of-way will be considered one
site. There may be more than one manufacturing plant on a single site. For
the purposes of imported chemical substances, the site will be the business
address of the importer.
Small quantities for purposes of scientific experimentation or analysis or
chemical research on, or analysis of, such
substance or another substance, including
any such research or analysis for the development of a product (hereinafter
sometimes shortened to small quantities
for research and development) means
quantities of a chemical substance
manufactured, imported, or processed
or proposed to be manufactured, imported, or processed that:
(1) Are no greater than reasonably
necessary for such purposes, and
(2) After the publication of the revised inventory, are used by, or directly under the supervision of, a technically qualified individual(s).

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Manufacture means to manufacture,
produce, or import for commercial purposes.
Manufacture or import ‘‘for commercial
purposes’’ means to manufacture,
produce, or import with the purpose of
obtaining an immediate or eventual
commercial advantage, and includes,
for example, the manufacture or import of any amount of a chemical substance or mixture:
(1) For commercial distribution, including for test marketing, or
(2) For use by the manufacturer, including use for product research and
development, or as an intermediate.
Mixture means any combination of
two or more chemical substances if the
combination does not occur in nature
and is not, in whole or in part, the result of a chemical reaction; except that
‘‘mixture’’ does include:
(1) Any combination which occurs, in
whole or in part, as a result of a chemical reaction if the combination could
have been manufactured for commercial purposes without a chemical reaction at the time the chemical substances comprising the combination
were combined and if, after the effective date or premanufacture notification requirements, none of the chemical substances comprising the combination is a new chemical substance,
and
(2) Hydrates of a chemical substance
or hydrated ions formed by association
of a chemical substance with water.
New chemical substance means any
chemical substance which is not included in the inventory compiled and
published under section 8(b) of the Act.
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

NOTE: Any chemical substances manufactured, imported, or processed in quantities

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§ 710.4

less than 1,000 lbs. (454 kg) annually will be
presumed to be manufactured, imported, or
processed for research and development purposes. No person may report for the inventory any chemical substance in such quantities unless that person can certify that the
substance was not manufactured, imported,
or processed solely in small quantities for research and development, as defined in this
section.

territories, and
United States.

§ 710.4

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Scope of the inventory.

(a) Chemical substances subject to these
regulations. Only chemical substances
which are manufactured, imported, or
processed ‘‘for a commercial purpose,’’
as defined in § 710.3(d), are subject to
these regulations.
(b) Naturally occurring chemical substances automatically included. Any
chemical substance which is naturally
occurring and:
(1) Which is (i) unprocessed or (ii)
processed only by manual, mechanical,
or gravitational means; by dissolution
in water; by flotation; or by heating
solely to remove water; or
(2) Which is extracted from air by
any means, will automatically be included in the inventory under the category ‘‘Naturally Occurring Chemical
Substances.’’ Examples of such substances are: raw agricultural commodities; water, air, natural gas, and crude
oil; and rocks, ores, and minerals.
(c) Substances excluded by definition or
section 8(b) of TSCA. The following substances are excluded from the inventory:
(1) Any substance which is not considered a ‘‘chemical substance’’ as provided in subsection 3(2)(B) of the Act
and in the definition of ‘‘chemical substance’’ in § 710.3(d);
(2) Any mixture as defined in
§ 710.3(d);
NOTE: A chemical substance that is manufactured as part of a mixture is subject to
these reporting regulations. This exclusion
applies only to the mixture and not to the
chemical substances of which the mixture is
comprised. The term ‘‘mixture’’ includes alloys, inorganic glasses, ceramics, frits, and
cements, including Portland cement.

(3) Any chemical substance which is
manufactured, imported, or processed
solely in small quantities for research
and
development,
as
defined
in
§ 710.3(d); and
(4) Any chemical substance not manufactured, processed or imported for a
commercial purpose since January 1,
1975.
(d) Chemical substances excluded from
the inventory. The following chemical

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of

[68 FR 888, Jan. 7, 2003, as amended at 69 FR
40791, July 7, 2004]

State means any State of the United
States, the District of Columbia, the
Commonwealth of Puerto Rico, the
Virgin Islands, Guam, the Canal Zone,
American Samoa, the Northern Mariana Islands, or any other territory or
possession of the United States.
Technically qualified individual means
a person:
(1) Who because of his/her education,
training, or experience, or a combination of these factors, is capable of appreciating the health and environmental risks associated with the chemical substance which is used under his/
her supervision,
(2) Who is responsible for enforcing
appropriate methods of conducting scientific experimentation, analysis, or
chemical research in order to minimize
such risks, and
(3) Who is responsible for the safety
assessments and clearances related to
the procurement, storage, use, and disposal of the chemical substance as may
be appropriate or required within the
scope of conducting the research and
development activity. The responsibilities in this paragraph may be delegated to another individual, or other
individuals, as long as each meets the
criteria in paragraph (1) of this definition.
Test marketing means the distribution
in commerce of no more than a predetermined amount of a chemical substance, mixture, or article containing
that chemical substance or mixture, 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.
United States, when used in the geographic sense, means all of the States,
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40 CFR Ch. I (7–1–08 Edition)

substances are excluded from the inventory. Although they are considered
to be manufactured or processed for a
commercial purpose for the purpose of
section 8 of the Act, they are not manufactured or processed for distribution
in commerce as chemical substances
per se and have no commercial purpose
separate from the substance, mixture,
or article of which they may be a part.

chemical changes that may occur as
described elsewhere in this § 710.4(d).
(7) Any chemical substance which results from a chemical reaction that occurs when (i) a stabilizer, colorant,
odorant, antioxidant, filler, solvent,
carrier, surfactant, plasticizer, corrosion inhibitor, antifoamer or de-foamer, dispersant, precipitation inhibitor,
binder,
emulsifier,
de-emulsifier,
dewatering
agent,
agglomerating
agent, adhesion promoter, flow modifier, pH neutralizer, sequesterant, coagulant, flocculant, fire retardant, lubricant, chelating agent, or quality
control reagent functions as intended
or (ii) a chemical substance, solely intended to impart a specific physicochemical characteristic, functions as
intended.
(8) Chemical substances which are
not intentionally removed from the
equipment in which they were manufactured.

NOTE: In addition, chemical substances excluded here will not be subject to
premanufacture notification under section 5
of the Act.

(1) Any impurity.
(2) Any byproduct which has no commercial purpose.
NOTE: A byproduct which has commercial
value only to municipal or private organizations who (i) burn it as a fuel, (ii) dispose of
it as a waste, including in a landfill or for
enriching soil, or (iii) extract component
chemical substances which have commercial
value, may be reported for the inventory, but
will not be subject to premanufacture notification under section 5 of the Act if not included.

NOTE: See note to definition of ‘‘intermediate’’ at § 710.3(d) for explanation of
‘‘equipment in which it was manufactured.’’

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(3) Any chemical substance which results from a chemical reaction that occurs incidental to exposure of another
chemical substance, mixture, or article
to environmental factors such as air,
moisture, microbial organisms, or sunlight.
(4) Any chemical substance which results from a chemical reaction that occurs incidental to storage of another
chemical substance, mixture, or article.
(5) Any chemical substance which results from a chemical reaction that occurs upon end use of other chemical
substances, mixtures, or articles such
as adhesives, paints, miscellaneous
cleansers or other housekeeping products, fuels and fuel additives, water
softening and treatment agents, photographic films, batteries, matches, and
safety flares, and which is not itself
manufactured for distribution in commerce or for use as an intermediate.
(6) Any chemical substance which results from a chemical reaction that occurs upon use of curable plastic or rubber molding compounds, inks, drying
oils, metal finishing compounds, adhesives, or paints; or other chemical substances formed during manufacture of
an article destined for the marketplace
without further chemical change of the
chemical substance except for those

[42 FR 64572, Dec. 23, 1977, as amended at 68
FR 889, Jan. 7, 2003]

Subpart B—2002 Inventory Update
Reporting
§ 710.23 Definitions.
In addition to the definitions in
§ 704.3 of this chapter and § 710.3, the
following definitions also apply to subpart B of this part.
Master Inventory File means EPA’s
comprehensive list of chemical substances which constitute the Chemical
Substances Inventory compiled under
section 8(b) of the Act. It includes substances reported under subpart A of
this part and substances reported
under part 720 of this chapter for which
a Notice of Commencement of Manufacture or Import has been received
under § 720.120 of this chapter.
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

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§ 710.28

which the substance is stored after its
manufacture.
Site-limited means a chemical substance is manufactured and processed
only within a site and is not distributed for commercial purposes as a substance or as part of a mixture or article outside the site. Imported substances are never site-limited.

(2) Any chemical substance which is
identified in the 1985 edition of the Inventory or the Master Inventory File
as
siloxane
and
silicone,
silsesquioxane, a protein (albumin, casein, gelatin, gluten, hemoglobin), an
enzyme, a polysaccharide (starch, cellulose, gum), rubber, or lignin. This exclusion, however, does not apply to a
chemical substance which has been
hydrolyzed, depolymerized, or chemically modified to the extent that the
final product is no longer polymeric in
structure.
(c) Microorganisms. Any combination
of chemical substances that is a living
organism, such as bacteria, eimeria,
fungi, and yeasts. Any chemical substance produced from such a living organism is reportable unless otherwise
excluded.
(d) Naturally occurring chemical substances. Any naturally occurring chemical substance, as described in § 710.4(b).
The applicability of this exclusion is
determined in each case by the specific
activities of the person who manufactures the substance in question. Some
chemical substances can be manufactured both as described in § 710.4(b) and
by means other than those described in
§ 710.4(b). If a person described in
§ 710.28 manufactures a chemical substance by means other than those described in § 710.4(b), the person must report regardless of whether the substance also could have been produced
as described in § 710.4(b). Any chemical
substance that is produced from such a
naturally occurring chemical substance described in § 710.4(b) is reportable unless otherwise excluded.

[68 FR 889, Jan. 7, 2003]

§ 710.25 Chemical
substances
for
which information must be reported.
Any chemical substance which is in
the Master Inventory File at the beginning of a reporting period described in
§ 710.33, unless the chemical substance
is specifically excluded by § 710.26.
[51 FR 21447, June 12, 1986]

§ 710.26 Chemical
substances
for
which information is not required.

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The following categories of chemical
substances are excluded from the reporting requirements of this subpart.
However, a chemical substance described in paragraphs (a), (b), or (c) of
this section is not excluded from the
reporting requirements of this subpart
if that substance is the subject of a
rule proposed or promulgated under
section 4, 5(a)(2), 5(b)(4), or 6 of the Act,
or is the subject of an order issued
under section 5(e) or 5(f) of the Act, or
is the subject of relief that has been
granted under a civil action under section 5 or 7 of the Act.
(a) Inorganic chemical substances. Any
chemical substance which does not
contain carbon or contains carbon only
in the form of carbonato [=CO3], cyano
[¥CN], cyanato [¥OCN], isocyano
[¥NC], or isocyanato [¥NCO] groups,
or the chalcogen analogues of such
groups.
(b) Polymers. (1) Any chemical substance described with the word fragments
‘‘*polym*’’,
‘‘*alkyd’’,
or
‘‘*oxylated’’ in the Chemical Abstracts
Service Index or Preferred Nomenclature in the Chemical Substance
Identities section of the 1985 edition of
the Inventory or in the Master Inventory File, where the asterisk (*) indicates that any sets of characters may
precede, or follow, the character string
defined.

[51 FR 21447, June 12, 1986]

§ 710.28 Persons who must report.
Except as provided in §§ 710.29 and
710.30, the following persons are subject
to the requirements of this subpart.
Persons must determine whether they
must report under this § 710.28 for each
chemical substance that they manufacture at an individual site.
(a) Persons subject to initial reportinq.
Any person who manufactured for commercial purposes 10,000 pounds (4,540
kilograms) or more of a chemical substance described in § 710.25 at any single site owned or controlled by that
person at any time during the person’s

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40 CFR Ch. I (7–1–08 Edition)
(b) The person imported the chemical
substance described in § 710.25 as part of
an article,
(c) The person manufactured the
chemical substance described in § 710.25
in a manner described in § 720.30(g) or
(h) of this chapter.

latest complete corporate fiscal year
before August 25, 1986.
(b) Persons subject to recurring reporting. Any person who manufactured for
commercial purposes 10,000 pounds
(4,540 kilograms) or more of a chemical
substance described in § 710.25 at any
single site owned or controlled by that
person at any time during the person’s
latest complete corporate fiscal year
before August 25, 1990, or before August
25 at four-year intervals thereafter.
(c) Special provisions for importers. For
purposes of paragraphs (a) and (b) of
this section, the site for a person who
imports a chemical substance described
in § 710.25 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. The import site may in some cases be the organization’s headquarters in the U.S.
(See also § 710.35(b).)

[51 FR 21447, June 12, 1986]

§ 710.32

[51 FR 21447, June 12, 1986]

§ 710.29 Persons not subject to this
subpart.
A person described in § 710.28 is not
subject to the requirements of this subpart if that person qualifies as a small
manufacturer as that term is defined in
§ 704.3 of this chapter. Notwithstanding
this exclusion, a person who qualifies
as a small manufacturer is subject to
this subpart with respect to any chemical substance that is the subject of a
rule proposed or promulgated under
section 4, 5(b)(4), or 6 of the Act, or is
the subject of an order in effect under
section 5(e) of the Act, or is the subject
of relief that has been granted under a
civil action under section 5 or 7 of the
Act.
[51 FR 21447, June 12, 1986]

§ 710.30 Activities for which reporting
is not required.
A person described in § 710.28 is not
subject to the requirements of this subpart with respect to any chemical substance described in § 710.25 that the person manufactured or imported under
the following circumstances:
(a) The person manufactured or imported the chemical substance described in § 710.25 solely in small quantities for research and development,
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Reporting information to EPA.

Any person who must report under
this part must submit the information
prescribed in this section for each
chemical substance described in § 710.25
that the person manufactured for commercial purposes in an amount of 10,000
pounds (4,540 kilograms) or more at a
single site during a corporate fiscal
year described in § 710.28. (The site for a
person who imports a chemical 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 U.S.). A respondent to this subpart must report information in writing or by magnetic
media as prescribed in this section, to
the extent that such information is
known to or reasonably ascertainable
by that person. A respondent to this
subpart must report information that
applies to the specific corporate fiscal
year for which the person is required to
report.
(a) Reporting in writing. Any person
who chooses to report information to
EPA in writing must do so by completing the reporting form available
from EPA at the address set forth in
§ 710.39(b). The form must include all
information prescribed in paragraph (c)
of this section. Persons reporting in
writing must submit a separate form
for each site for which the person is required to report.
(b) Reporting by magnetic media. Any
person who chooses to report information to EPA by means of magnetic
media must submit the information
prescribed in paragraph (c) of this section. Magnetic media submitted in response to this subpart must meet EPA
specifications, as described in the instruction booklet available from EPA
at the address set forth in § 710.39(b).

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Environmental Protection Agency

§ 710.33

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(c) Information to be reported. Persons
reporting information under this subpart must report the following:
(1) The name, company, address, city,
State, Zip code, and telephone number
of a person who will serve as technical
contact for the respondent company,
and will be able to answer questions
about the information submitted by
the company to EPA. Persons reporting by means of magnetic media must
submit this information on the reporting form available from EPA at the address set forth in § 710.39.
(2) A certification statement signed
and dated by an authorized official of
the respondent company. Persons reporting by means of magnetic media
must submit this information on the
reporting form available from EPA at
the address set forth in § 710.39.
(3) The specific chemical name and
Chemical Abstracts Service (CAS) Registry Number of each chemical substance for which reporting is required
under this subpart. A respondent to
this subpart may use other chemical
identification numbers in lieu of CAS
Registry Numbers when a CAS Registry Number is not known to the respondent as provided in the instruction
booklet identified in § 710.39(b), including EPA-designated Accession Numbers
for confidential substances, EPA-assigned numbers for bona fide or
Premanufacture Notification submissions, or Test Market Exemption Applications, or original Inventory form
numbers.
(4) The name, street address, city,
State, and Zip code of each site at
which 10,000 pounds (4,540 kilograms) or
more of a chemical substance for which
reporting is required under this subpart is manufactured or imported. (The
site for a person who imports a chemical 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 U.S.)
A respondent to this subpart must include the appropriate Dun and Bradstreet Number for each plant site reported.
(5) A statement for each substance
for which information is being sub-

mitted indicating whether the substance is manufactured in the United
States or imported into the United
States.
(6) A statement for each substance
for which information is being submitted indicating whether the substance is site-limited.
(7) The total volume (in pounds) of
each subject chemical substance manufactured or imported at each site. This
amount must be reported to two significant figures of accuracy provided
that the reported figures are within ±10
percent of the actual volume.
[55 FR 39587, Sept. 27, 1990, as amended at 60
FR 31921, June 19, 1995]

§ 710.33

When to report.

All information reported to EPA in
response to the requirements of this
subpart must be submitted during an
applicable reporting period. The following reporting periods are prescribed
for this subpart.
(a) Initial reporting period. The first
reporting period is from August 25, 1986
to December 23, 1986. Any person described in § 710.28(a) must report during
this period for each chemical substance
described in § 710.25 that the person
manufactured during the corporate fiscal year described in § 710.28(a).
(b) Recurring reporting periods. The
first recurring reporting period is from
August 25, 1990 to December 23, 1990.
Subsequent reporting periods, except
as provided in paragraph (c) of this section, are from August 25 to December
23 at 4-year intervals thereafter. Any
person described in § 710.28(b) must report during the appropriate reporting
period for each chemical substance described in § 710.25 that the person manufactured during the applicable corporate
fiscal
year
described
in
§ 710.28(b).
(c) Reporting in 1998. The 1998 reporting period is from August 25, 1998 until
January 31, 1999. Any person described
in § 710.28(b) must report during this reporting period for each chemical substance described in § 710.25 that the person manufactured during the applicable corporate fiscal year described in

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§ 710.35

40 CFR Ch. I (7–1–08 Edition)

§ 710.28(b). This reporting period is applicable to 1998 reporting only.

§ 710.38

[51 FR 21447, June 12, 1986: 51 FR 22521, June
20, 1986, as amended at 63 FR 71600, Dec. 29,
1998]

§ 710.35

Duplicative reporting.

(a) With regard to section 8(a) rules.
Any person subject to the requirements
of this part who previously has complied with reporting requirements of a
rule under section 8(a) of the Act by
submitting the information described
in § 710.32 for a chemical substance described in § 710.25 to EPA, and has done
so within one year of the start of a reporting period described in § 710.33, is
not required to report again on the
manufacture of that substance at that
site during that reporting period.
(b) With regard to importers. This part
requires that only one report be submitted on each import transaction involving a chemical substance described
in § 710.25. When two or more persons
are involved in a particular import
transaction and each person meets the
Agency’s definition of ‘‘importer’’ as
set forth in §§ 710.2(l) and 704.3 of this
chapter, they may determine among
themselves who should submit the required report; if no report is submitted
as required under this part, EPA will
hold each such person liable for failure
to report.
[51 FR 21447, June 12, 1986, as amended at 60
FR 31921, June 19, 1995]

§ 710.37

Recordkeeping requirements.

Each person who is subject to the reporting requirements of this part must
maintain records that document any
information reported to EPA. For substances that are manufactured or imported at less than 10,000 pounds annually, volume records must be maintained as evidence to support a decision not to submit a report. Records
relevant to reporting during a reporting period described in § 710.33 must be
retained for a period of four years beginning with the effective date of that
reporting period.
[51 FR 21447, June 12, 1986, as amended at 58
FR 34204, June 23, 1993; 60 FR 31921, June 19,
1995]
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Confidentiality.

(a) Any person submitting information under this part may assert a business confidentiality claim for the information. The procedures for asserting confidentiality claims are described in the instruction booklet identified in § 710.39. Information claimed
as confidential in accordance with this
section and those instructions will be
treated and disclosed in accordance
with the procedures in part 2 of this
chapter.
(b) A person may assert a claim of
confidentiality for the chemical identity of a specific chemical substance
only if the identity of that substance is
treated as confidential in the Master
Inventory File as of the time the report is submitted for that substance
under this part.
(c) To assert a claim of confidentiality for the chemical identity of a
specific chemical substance, the person
must take the following steps:
(1) The person must submit with the
report detailed written answers to the
following questions signed and dated
by an authorized official.
(i) What harmful effects to your competitive position, if any, do you think
would result from the identity of the
chemical substance being disclosed in
connection with reporting under this
part? How could a competitor use such
information? Would the effects of disclosure be substantial? What is the
causal relationship between the disclosure and the harmful effects?
(ii) How long should confidential
treatment be given? Until a specific
date, the occurrence of a specific event,
or permanently? Why?
(iii) Has the chemical substance been
patented? If so, have you granted licenses to others with respect to the
patent as it applies to the chemical
substance? If the chemical substance
has been patented and therefore disclosed through the patent, why should
it be treated as confidential?
(iv) Has the identity of the chemical
substance been kept confidential to the
extent that your competitors do not
know it is being manufactured or imported for a commercial purpose by
anyone?

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Environmental Protection Agency

§ 710.39

(v) Is the fact that the chemical substance is being manufactured or imported for a commercial purpose available to the public, for example in technical journals, libraries, or State,
local, or Federal agency public files?
(vi) What measures have you taken
to prevent undesired disclosure of the
fact that this chemical substance is
being manufactured or imported for a
commercial purpose?
(vii) To what extent has the fact that
this chemical substance is manufactured or imported for commercial purposes been revealed to others? What
precautions have been taken regarding
these disclosures? Have there been public disclosures or disclosures to competitors?
(viii) Does this particular chemical
substance leave the site of manufacture in any form, as product, effluent,
emission, etc.? If so, what measures
have you taken to guard against discovery of its identity?
(ix) If the chemical substance leaves
the site in a product that is available
to the public or your competitors, can
the substance be identified by analysis
of the product?
(x) For what purpose do you manufacture or import the substance?
(xi) Has EPA, another Federal agency, or any Federal court made any pertinent confidentiality determinations
regarding this chemical substance? If
so, please attach copies of such determinations.
(2) If any of the information contained in the answers to the questions
is asserted to contain confidential business information, the person must
mark that information as ‘‘trade secret,’’ ‘‘confidential,’’ or other appropriate designation.
(d) If no claim of confidentiality accompanies information at the time it is
submitted to EPA under this part or if
substantiation required under paragraph (c) of this section is not submitted with the reporting form, EPA
may make the information available to
the public without further notice to
the submitter.

§ 710.39 How do I submit the required
information?
(a) Use the proper EPA form. You must
use the EPA form identified as ‘‘Form
U’’ to submit written information in
response to the requirements of this
subpart. Copies of the Form U are
available from EPA at the address set
forth in paragraph (c) of this section
and from the EPA Internet Home Page
at
http://www.epa.gov/oppt/iur/iur02/
index.htm.
(b) Follow the reporting instructions.
You should follow the detailed instructions for completing the reporting form
and preparing a magnetic media report,
which are given in the EPA publication
entitled ‘‘Instructions for Reporting
for Partial Updating of the TSCA
Chemical Inventory Data Base,’’ via
the Internet or the TSCA Hotline.
(c) Obtain the reporting package and
copies of the form. EPA is mailing the
reporting package to those companies
that reported in 1998. Failure to receive
a reporting package does not obviate or
otherwise affect the requirement to
submit a timely report. If you did not
receive a reporting package, but are required to report, you may obtain a
copy of the reporting package and the
reporting form from EPA by submitting a request for this information as
follows:
(1) By phone. Call the EPA TSCA
Hotline at (202) 554–1404.
(2) By e-mail. Send an e-mail request
for this information to the EPA TSCA
Hotline
at
[email protected].
(3) By mail. Send a written request
for this information to the following
address: TSCA Hotline, Mail Code
7408M, ATTN: Inventory Update Rule,
Office of Pollution Prevention and
Toxics, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
(d) Submit the completed reports. You
must submit your completed reporting
form(s) and/or magnetic media to EPA
at the following address: OPPT Document Control Officer, Mail Code 7407M,
ATTN: Inventory Update Rule, Office
of Pollution Prevention and Toxics,

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[51 FR 21447, June 12, 1986, as amended at 55
FR 39588, Sept. 27, 1990; 60 FR 31921, June 19,
1995]

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§ 710.43

40 CFR Ch. I (7–1–08 Edition)
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.
Master Inventory File means EPA’s
comprehensive list of chemical substances which constitute the Chemical
Substances Inventory compiled under
section 8(b) of the Act. It includes substances reported under subpart A of
this part and substances reported
under part 720 of this chapter for which
a Notice of Commencement of Manufacture or Import has been received
under § 720.120 of this chapter.
Readily obtainable information means
information which is known by management and supervisory employees of
the submitter company who are responsible for manufacturing, processing, distributing, technical services,
and marketing of the reportable chemical substance. Extensive file searches
are not required.
Reasonably likely to be exposed means
an exposure to a chemical substance
which, under foreseeable conditions of
manufacture (including import), processing, distribution in commerce, or
use of the chemical substance, is more
likely to occur than not to occur. Such
exposures would normally include, but
would not be limited to, activities such
as charging reactor vessels, drumming,
bulk loading, cleaning equipment,
maintenance
operations,
materials
handling and transfers, and analytical
operations. Covered exposures include
exposures through any route of entry
(inhalation, ingestion, skin contact,
absorption, etc.), but excludes accidental or theoretical exposures.
Repackaging means the physical
transfer of a chemical substance or
mixture, as is, from one container to
another container or containers in
preparation for distribution of the
chemical substance or mixture in commerce.
Reportable chemical substance means a
chemical
substance
described
in
§ 710.45.
Reporting year means the calendar
year in which information to be reported to EPA during an IUR submission period is generated, i.e., calendar

U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
[63 FR 45953, Aug. 28, 1998, as amended at 68
FR 890, Jan. 7, 2003]

Subpart C—Inventory Update
Reporting for 2006 and Beyond
SOURCE: 68 FR 890, Jan. 7, 2003, unless otherwise noted.

§ 710.43

Definitions.

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In addition to the definitions in
§ 704.3 of this chapter and § 710.3, the
following definitions also apply to subpart C of this part:
Commercial use means the use of a
chemical substance or mixture in a
commercial enterprise providing saleable goods or services (e.g., dry cleaning
establishment,
painting
contractor).
Consumer use means the use of a
chemical substance that is directly, or
as part of a mixture, sold to or made
available to consumers for their use in
or around a permanent or temporary
household or residence, in or around a
school, or in or around recreational
areas.
Industrial use means use at a site at
which one or more chemical substances
or mixtures are manufactured (including imported) or processed.
Intended for use by children means the
chemical substance or mixture is used
in or on a product that is specifically
intended for use by children age 14 or
younger. A chemical substance or mixture is intended for use by children
when the submitter answers ‘‘yes’’ to
at least one of the following questions
for the product into which the submitter’s chemical substance or mixture is
incorporated:
(1) Is the product commonly recognized (i.e., by a reasonable person) as
being intended for children age 14 or
younger?
(2) Does the manufacturer of the
product state through product labeling
or other written materials that the
product is intended for or will be used
by children age 14 or younger?
(3) Is the advertising, promotion, or
marketing of the product aimed at
children age 14 or younger?

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Environmental Protection Agency

§ 710.46
of relief that has been granted under a
civil action under section 5 or 7 of the
Act.
(a) Full exemptions. The following categories of chemical substances are exempted from the reporting requirements of this subpart.
(1) Polymers. (i) Any chemical substance described with the word fragments
‘‘*polym*’’,
‘‘*alkyd’’,
or
‘‘*oxylated’’ in the Chemical Abstracts
Service Index or Preferred Nomenclature in the Chemical Substance
Identities section of the Master Inventory File, where the asterisk (*) indicates that any sets of characters may
precede, or follow, the character string
defined.
(ii) Any chemical substance which is
identified in the Master Inventory File
as
siloxane
and
silicone,
silsesquioxane, a protein (albumin, casein, gelatin, gluten, hemoglobin), an
enzyme, a polysaccharide (starch, cellulose, gum), rubber, or lignin.
(iii) This exclusion does not apply to
a polymeric substance that has been
hydrolyzed, depolymerized, or otherwise chemically modified, except in
cases where the intended product of
this reaction is totally polymeric in
structure.
(2) Microorganisms. Any combination
of chemical substances that is a living
organism, and that meets the definition of ‘‘microorganism’’ at § 725.3 of
this chapter. Any chemical substance
produced from a living microorganism
is reportable under this subpart unless
otherwise excluded.
(3) Naturally occurring chemical substances. Any naturally occurring chemical substance, as described in § 710.4(b).
The applicability of this exclusion is
determined in each case by the specific
activities of the person who manufactures the substance in question. Some
chemical substances can be manufactured both as described in § 710.4(b) and
by means other than those described in
§ 710.4(b). If a person described in
§ 710.48 manufactures a chemical substance by means other than those described in § 710.4(b), the person must report regardless of whether the substance also could have been produced
as described in § 710.4(b). Any chemical
substance that is produced from such a

year 2005 and the calendar year at 5–
year intervals thereafter.
Site-limited means a chemical substance is manufactured and processed
only within a site and is not distributed for commercial purposes as a substance or as part of a mixture or article outside the site. Imported substances are never site-limited. Although a site-limited chemical substance is not distributed for commercial purposes outside the site at which
it is manufactured and processed, the
substance is considered to have been
manufactured and processed for commercial purposes.
Submission period means the period in
which the information generated during the reporting year is submitted to
EPA.
Use means any utilization of a chemical substance or mixture that is not
otherwise covered by the terms manufacture or process. Relabeling or redistributing a container holding a chemical substance or mixture where no repackaging of the chemical substance or
mixture occurs does not constitute use
or processing of the chemical substance
or mixture.
[68 FR 890, Jan. 7, 2003, as amended at 69 FR
40791, July 7, 2004; 70 FR 75068, Dec. 19, 2005]

§ 710.45 Chemical
substances
for
which information must be reported.
Any chemical substance which is in
the Master Inventory File at the beginning of a submission period described
in § 710.53, unless the chemical substance is specifically excluded by
§ 710.46.

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§ 710.46 Chemical
substances
for
which information is not required.
The following groups or categories of
chemical substances are exempted
from some or all of the reporting requirements of this subpart, with the
following exception: A chemical substance described in paragraph (a)(1),
(a)(2), or (a)(4), or (b) of this section is
not exempted from any of the reporting
requirements of this subpart if that
substance is the subject of a rule proposed or promulgated under section 4,
5(a)(2), 5(b)(4), or 6 of the Act, or is the
subject of an order issued under section
5(e) or 5(f) of the Act, or is the subject

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§ 710.46

40 CFR Ch. I (7–1–08 Edition)
CAS NUMBERS OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES TERMED ‘‘PETROLEUM
PROCESS STREAMS’’ FOR PURPOSES OF INVENTORY UPDATE REPORTING—Continued

naturally occurring chemical substance described in § 710.4(b) is reportable unless otherwise excluded.
(4) Certain forms of natural gas. Chemical substances with the following
Chemical Abstract Service (CAS) Registry Numbers: CAS No. 64741–48–6, Natural gas (petroleum), raw liquid mix;
CAS No. 68919–39–1, Natural gas condensates; CAS No. 8006–61–9, Gasoline natural; CAS No. 68425–31–0, Gasoline (natural gas), natural; CAS No. 8006–14–2,
Natural gas; and CAS No. 68410–63–9,
Natural gas, dried.
(b) Partial exemptions. The following
groups of chemical substances are partially exempted from the reporting requirements of this subpart (i.e., the information described in § 710.52(c)(4)
need not be reported for these substances). Such chemical substances are
not excluded from the other reporting
requirements under this subpart. A
chemical substance described in paragraph (b)(3) of this section qualifies for
a partial reporting exemption during
the 2006 submission period; in subsequent submission periods, the chemical
substances described in paragraph
(b)(3) of this section will be subject to
full reporting under this subpart (i.e.,
all of the information described in this
subpart must be reported), unless otherwise exempted.
(1) Petroleum process streams. EPA has
designated the following chemical substances, listed by CAS Number, as partially exempt from reporting under the
IUR.

CAS No.

64741–55–5
64741–56–6
64741–57–7
64741–58–8
64741–59–9
64741–60–2
64741–61–3
64741–62–4
64741–63–5
64741–64–6
64741–65–7
64741–66–8
64741–67–9
64741–68–0
64741–69–1
64741–70–4
64741–73–7
64741–74–8
64741–75–9
64741–76–0
64741–77–1
64741–78–2
64741–79–3
64741–80–6
64741–81–7

CAS NUMBERS OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES TERMED ‘‘PETROLEUM
PROCESS STREAMS’’ FOR PURPOSES OF INVENTORY UPDATE REPORTING
CAS No.
7732–18–5
8002–05–9
8002–74–2
8006–20–0
8008–20–6
8009–03–8
8012–95–1
8030–30–6
8032–32–4
8042–47–5
8052–41–3
8052–42–4
61789–60–4
63231–60–7

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64741–41–9
64741–42–0

Product

64741–43–1
64741–44–2
64741–45–3
64741–46–4
64741–47–5
64741–49–7
64741–50–0
64741–51–1
64741–52–2
64741–53–3
64741–54–4

64741–82–8
64741–83–9
64741–84–0
64741–85–1
64741–86–2
64741–87–3
64741–88–4

Product
Water
Petroleum
Paraffin waxes and hydrocarbon waxes
Fuel gases, low and medium B.T.U.
Kerosine (petroleum)
Petrolatum
Paraffin oils
Naphtha
Ligroine
White mineral oil (petroleum)
Stoddard solvent
Asphalt
Pitch
Paraffin waxes and hydrocarbon waxes,
microcryst.
Naphtha (petroleum), heavy straight-run
Naphtha (petroleum), full-range straight-run

64741–89–5
64741–90–8
64741–91–9
64741–92–0
64741–95–3
64741–96–4
64741–97–5
64741–98–6

Gas oils (petroleum), straight-run
Distillates (petroleum), straight-run middle
Residues (petroleum), atm. tower
Naphtha (petroleum), light straight-run
Natural gas condensates (petroleum)
Condensates (petroleum), vacuum tower
Distillates (petroleum), light paraffinic
Distillates (petroleum), heavy paraffinic
Distillates (petroleum), light naphthenic
Distillates (petroleum), heavy naphthenic
Naphtha (petroleum), heavy catalytic
cracked
Naphtha (petroleum), light catalytic cracked
Residues (petroleum), vacuum
Gas oils (petroleum), heavy vacuum
Gas oils (petroleum), light vacuum
Distillates (petroleum), light catalytic
cracked
Distillates (petroleum), intermediate catalytic cracked
Distillates (petroleum), heavy catalytic
cracked
Clarified oils (petroleum), catalytic cracked
Naphtha (petroleum), light catalytic reformed
Naphtha (petroleum), full-range alkylate
Naphtha (petroleum), heavy alkylate
Naphtha (petroleum), light alkylate
Residues (petroleum), catalytic reformer
fractionator
Naphtha (petroleum), heavy catalytic reformed
Naphtha (petroleum), light hydrocracked
Naphtha (petroleum), isomerization
Distillates (petroleum), alkylate
Naphtha (petroleum), light thermal cracked
Residues (petroleum), hydrocracked
Distillates (petroleum), heavy hydrocracked
Distillates (petroleum), light hydrocracked
Naphtha (petroleum), heavy hydrocracked
Coke (petroleum)
Residues (petroleum), thermal cracked
Distillates (petroleum), heavy thermal
cracked
Distillates
(petroleum),
light
thermal
cracked
Naphtha (petroleum), heavy thermal
cracked
Naphtha (petroleum), solvent-refined light
Raffinates (petroleum), sorption process
Distillates (petroleum), sweetened middle
Naphtha (petroleum), sweetened
Distillates
(petroleum),
solvent-refined
heavy paraffinic
Distillates (petroleum), solvent-refined light
paraffinic
Gas oils (petroleum), solvent-refined
Distillates (petroleum), solvent-refined middle
Naphtha (petroleum), solvent-refined heavy
Residual
oils
(petroleum),
solvent
deasphalted
Distillates
(petroleum),
solvent-refined
heavy naphthenic
Distillates (petroleum), solvent-refined light
naphthenic
Extracts (petroleum), heavy naphtha solvent

44

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Environmental Protection Agency

§ 710.46

CAS NUMBERS OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES TERMED ‘‘PETROLEUM
PROCESS STREAMS’’ FOR PURPOSES OF INVENTORY UPDATE REPORTING—Continued
CAS No.
64741–99–7
64742–01–4
64742–03–6
64742–04–7
64742–05–8
64742–06–9
64742–07–0
64742–08–1
64742–09–2
64742–10–5
64742–11–6
64742–12–7
64742–13–8
64742–14–9
64742–15–0
64742–16–1
64742–18–3
64742–19–4
64742–20–7
64742–21–8
64742–22–9
64742–23–0
64742–24–1
64742–25–2
64742–26–3
64742–27–4
64742–28–5
64742–29–6
64742–30–9
64742–31–0
64742–32–1
64742–33–2
64742–34–3
64742–35–4
64742–36–5
64742–37–6
64742–38–7
64742–39–8

jbell on PRODPC61 with CFR

64742–40–1

CAS NUMBERS OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES TERMED ‘‘PETROLEUM
PROCESS STREAMS’’ FOR PURPOSES OF INVENTORY UPDATE REPORTING—Continued

Product

CAS No.

Extracts (petroleum), light naphtha solvent
Residual oils (petroleum), solvent-refined
Extracts (petroleum), light naphthenic distillate solvent
Extracts (petroleum), heavy paraffinic distillate solvent
Extracts (petroleum), light paraffinic distillate solvent
Extracts (petroleum), middle distillate solvent
Raffinates
(petroleum),
residual
oil
decarbonization
Raffinates (petroleum), heavy naphthenic
distillate decarbonization
Raffinates (petroleum), heavy paraffinic distillate decarbonization
Extracts (petroleum), residual oil solvent
Extracts (petroleum), heavy naphthenic distillate solvent
Gas oils (petroleum), acid-treated
Distillates (petroleum), acid-treated middle
Distillates (petroleum), acid-treated light
Naphtha (petroleum), acid-treated
Petroleum resins
Distillates (petroleum), acid-treated heavy
naphthenic
Distillates (petroleum), acid-treated light
naphthenic
Distillates (petroleum), acid-treated heavy
paraffinic
Distillates (petroleum), acid-treated light
paraffinic
Naphtha (petroleum), chemically neutralized heavy
Naphtha (petroleum), chemically neutralized light
Sludges (petroleum), acid
Lubricating oils (petroleum), acid-treated
spent
Hydrocarbon waxes (petroleum), acid-treated
Distillates (petroleum), chemically neutralized heavy paraffinic
Distillates (petroleum), chemically neutralized light paraffinic
Gas oils (petroleum), chemically neutralized
Distillates (petroleum), chemically neutralized middle
Distillates (petroleum), chemically neutralized light
Lubricating oils (petroleum), chemically
neutralized spent
Hydrocarbon waxes (petroleum), chemically neutralized
Distillates (petroleum), chemically neutralized heavy naphthenic
Distillates (petroleum), chemically neutralized light naphthenic
Distillates (petroleum), clay-treated heavy
paraffinic
Distillates (petroleum), clay-treated light
paraffinic
Distillates (petroleum), clay-treated middle
Neutralizing agents (petroleum), spent sodium carbonate
Neutralizing agents (petroleum), spent sodium hydroxide

Product

64742–41–2
64742–42–3
64742–43–4
64742–44–5
64742–45–6
64742–46–7
64742–47–8
64742–48–9
64742–49–0
64742–50–3
64742–51–4
64742–52–5
64742–53–6
64742–54–7
64742–55–8
64742–56–9
64742–57–0
64742–58–1
64742–59–2
64742–60–5
64742–61–6
64742–62–7
64742–63–8
64742–64–9
64742–65–0
64742–67–2
64742–68–3
64742–69–4
64742–70–7
64742–71–8
64742–72–9
64742–73–0
64742–75–2
64742–76–3
64742–78–5
64742–79–6
64742–80–9
64742–81–0
64742–82–1
64742–83–2
64742–85–4

Residual oils (petroleum), clay-treated
Hydrocarbon waxes (petroleum), clay-treated microcryst.
Paraffin waxes (petroleum), clay-treated
Distillates (petroleum), clay-treated heavy
naphthenic
Distillates (petroleum), clay-treated light
naphthenic
Distillates (petroleum), hydrotreated middle
Distillates (petroleum), hydrotreated light
Naphtha (petroleum), hydrotreated heavy
Naphtha (petroleum), hydrotreated light
Lubricating oils (petroleum), clay-treated
spent
Paraffin waxes (petroleum), hydrotreated
Distillates (petroleum), hydrotreated heavy
naphthenic
Distillates (petroleum), hydrotreated light
naphthenic
Distillates (petroleum), hydrotreated heavy
paraffinic
Distillates (petroleum), hydrotreated light
paraffinic
Distillates (petroleum), solvent-dewaxed
light paraffinic
Residual oils (petroleum), hydrotreated
Lubricating oils (petroleum), hydrotreated
spent
Gas oils (petroleum), hydrotreated vacuum
Hydrocarbon
waxes
(petroleum),
hydrotreated microcryst.
Slack wax (petroleum)
Residual oils (petroleum), solvent-dewaxed
Distillates (petroleum), solvent-dewaxed
heavy naphthenic
Distillates (petroleum), solvent-dewaxed
light naphthenic
Distillates (petroleum), solvent-dewaxed
heavy paraffinic
Foots oil (petroleum)
Naphthenic oils (petroleum), catalytic
dewaxed heavy
Naphthenic oils (petroleum), catalytic
dewaxed light
Paraffin oils (petroleum), catalytic dewaxed
heavy
Paraffin oils (petroleum), catalytic dewaxed
light
Distillates (petroleum), catalytic dewaxed
middle
Naphtha (petroleum), hydrodesulfurized
light
Naphthenic oils (petroleum), complex
dewaxed heavy
Naphthenic oils (petroleum), complex
dewaxed light
Residues (petroleum), hydrodesulfurized
atmospheric tower
Gas oils (petroleum), hydrodesulfurized
Distillates (petroleum), hydrodesulfurized
middle
Kerosine (petroleum), hydrodesulfurized
Naphtha (petroleum), hydrodesulfurized
heavy
Naphtha (petroleum), light steam-cracked
Residues (petroleum), hydrodesulfurized
vacuum

45

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§ 710.46

40 CFR Ch. I (7–1–08 Edition)

CAS NUMBERS OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES TERMED ‘‘PETROLEUM
PROCESS STREAMS’’ FOR PURPOSES OF INVENTORY UPDATE REPORTING—Continued
CAS No.
64742–86–5
64742–87–6
64742–88–7
64742–89–8
64742–90–1
64742–91–2
64742–92–3
64742–93–4
64742–94–5
64742–95–6
64742–96–7
64742–97–8
64742–98–9
64742–99–0
64743–00–6
64743–01–7
64743–02–8
64743–03–9
64743–04–0
64743–05–1
64743–06–2
64743–07–3
64754–89–8
64771–71–7
64771–72–8
67254–74–4
67674–12–8
67674–13–9
67674–15–1
67674–16–2
67674–17–3
67674–18–4
67891–79–6
67891–80–9
67891–81–0
67891–82–1
67891–83–2
67891–85–4
67891–86–5
68131–05–5
68131–49–7
68131–75–9
68153–22–0
68187–57–5
68187–58–6
68187–60–0
68307–98–2

jbell on PRODPC61 with CFR

68307–99–3

CAS NUMBERS OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES TERMED ‘‘PETROLEUM
PROCESS STREAMS’’ FOR PURPOSES OF INVENTORY UPDATE REPORTING—Continued
CAS No.

Product

Product

68308–00–9

Gas oils (petroleum), hydrodesulfurized
heavy vacuum
Gas oils (petroleum), hydrodesulfurized
light vacuum
Solvent naphtha (petroleum), medium
aliph.
Solvent naphtha (petroleum), light aliph.
Residues (petroleum), steam-cracked
Distillates (petroleum), steam-cracked
Petroleum resins, oxidized
Asphalt, oxidized
Solvent naphtha (petroleum), heavy arom.
Solvent naphtha (petroleum), light arom.
Solvent naphtha (petroleum), heavy aliph.
Distillates (petroleum), oxidized heavy
Distillates (petroleum), oxidized light
Residual oils (petroleum), oxidized
Hydrocarbon waxes (petroleum), oxidized
Petrolatum (petroleum), oxidized
Alkenes, C>10 .alpha.Phenols (petroleum)
Coke (petroleum), recovery
Coke (petroleum), calcined
Extracts (petroleum), gas oil solvent
Sludges (petroleum), chemically neutralized
Naphthenic acids (petroleum), crude
Paraffins (petroleum), normal C>10
Paraffins (petroleum), normal C5-20
Naphthenic oils
Residual oils (petroleum), oxidized, compounds with triethanolamine
Petrolatum (petroleum), oxidized, partially
deacidified
Petrolatum (petroleum), oxidized, Me ester
Hydrocarbon waxes (petroleum), oxidized,
partially deacidified
Distillates (petroleum), oxidized light, compounds with triethanolamine
Distillates (petroleum), oxidized light, Bu
esters
Distillates (petroleum), heavy arom.
Distillates (petroleum), light arom.
Distillates (petroleum), oxidized light, potassium salts
Hydrocarbon waxes (petroleum), oxidized,
compounds with ethanolamine
Hydrocarbon waxes (petroleum), oxidized,
compounds with isopropanolamine
Hydrocarbon waxes (petroleum), oxidized,
compounds with triisopropanolamine
Hydrocarbon waxes (petroleum), oxidized,
compds. with diisopropanolamine
Hydrocarbon oils, process blends
Aromatic hydrocarbons, C6-10, acid-treated, neutralized
Gases (petroleum), C3-4
Paraffin waxes and Hydrocarbon waxes,
oxidized
Pitch, coal tar-petroleum
Pitch, petroleum, arom.
Hydrocarbons,
C4,
ethane-propanecracked
Tail gas (petroleum), catalytic cracked distillate and catalytic cracked naphtha fractionation absorber
Tail gas (petroleum), catalytic polymn.
naphtha fractionation stabilizer

68308–01–0
68308–02–1
68308–03–2
68308–04–3
68308–05–4
68308–06–5

68308–07–6

68308–08–7
68308–09–8
68308–10–1
68308–11–2
68308–12–3
68308–27–0
68333–22–2
68333–23–3
68333–24–4
68333–25–5
68333–26–6
68333–27–7
68333–28–8
68333–29–9
68333–30–2
68333–81–3
68333–88–0
68334–30–5
68409–99–4
68410–00–4
68410–05–9
68410–12–8

68410–71–9

68410–96–8
68410–97–9
68410–98–0
68411–00–7
68425–29–6

Tail gas (petroleum), catalytic reformed
naphtha fractionation stabilizer, hydrogen
sulfide-free
Tail gas (petroleum), cracked distillate
hydrotreater stripper
Tail gas (petroleum), distn., hydrogen sulfide-free
Tail gas (petroleum), gas oil catalytic cracking absorber
Tail gas (petroleum), gas recovery plant
Tail gas (petroleum), gas recovery plant
deethanizer
Tail gas (petroleum), hydrodesulfurized distillate and hydrodesulfurized naphtha
fractionator, acid-free
Tail gas (petroleum), hydrodesulfurized
vacuum gas oil stripper, hydrogen sulfide-free
Tail gas (petroleum), isomerized naphtha
fractionation stabilizer
Tail gas (petroleum), light straight-run
naphtha stabilizer, hydrogen sulfide-free
Tail gas (petroleum), straight-run distillate
hydrodesulfurizer, hydrogen sulfide-free
Tail gas (petroleum), propane-propylene
alkylation feed prep deethanizer
Tail gas (petroleum), vacuum gas oil
hydrodesulfurizer, hydrogen sulfide-free
Fuel gases, refinery
Residues (petroleum), atmospheric
Naphtha (petroleum), heavy coker
Hydrocarbon waxes (petroleum), oxidized,
compds. with triethanolamine
Distillates (petroleum), hydrodesulfurized
light catalytic cracked
Clarified oils (petroleum), hydrodesulfurized
catalytic cracked
Distillates (petroleum), hydrodesulfurized
intermediate catalytic cracked
Distillates (petroleum), hydrodesulfurized
heavy catalytic cracked
Residues (petroleum), light naphtha solvent
extracts
Distillates (petroleum), oxidized heavy thermal cracked
Alkanes, C4-12
Aromatic hydrocarbons, C9-17
Fuels, diesel
Gases (petroleum), catalytic cracked
overheads
Distillates (petroleum), crude oil
Distillates (petroleum), straight-run light
Distillates (petroleum), steam-cracked, C510 fraction, high-temp. stripping products
with light steam-cracked petroleum naphtha C5 fraction polymers
Raffinates (petroleum), catalytic reformer
ethylene
glycol-water
countercurrent
exts.
Distillates (petroleum), hydrotreated middle,
intermediate boiling
Distillates (petroleum), light distillate
hydrotreating process, low-boiling
Distillates (petroleum), hydrotreated heavy
naphtha, deisohexanizer overheads
Alkenes, C>8
Distillates (petroleum), naphtha-raffinate
pyrolyzate-derived, gasoline-blending

46

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Environmental Protection Agency

§ 710.46

CAS NUMBERS OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES TERMED ‘‘PETROLEUM
PROCESS STREAMS’’ FOR PURPOSES OF INVENTORY UPDATE REPORTING—Continued
CAS No.
68425–33–2
68425–34–3
68425–35–4
68425–39–8
68441–09–8

68459–78–9
68475–57–0
68475–58–1
68475–59–2
68475–60–5
68475–61–6
68475–70–7
68475–79–6
68475–80–9
68476–26–6
68476–27–7
68476–28–8
68476–29–9
68476–30–2
68476–31–3
68476–32–4
68476–33–5
68476–34–6
68476–39–1
68476–40–4
68476–42–6
68476–43–7
68476–44–8
68476–45–9
68476–46–0
68476–47–1
68476–49–3
68476–50–6
68476–52–8
68476–53–9
68476–54–0
68476–55–1
68476–56–2
68476–77–7
68476–81–3
68476–84–6
68476–85–7
68476–86–8
68477–25–8
68477–26–9
68477–29–2
68477–30–5
68477–31–6

jbell on PRODPC61 with CFR

68477–33–8
68477–34–9

CAS NUMBERS OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES TERMED ‘‘PETROLEUM
PROCESS STREAMS’’ FOR PURPOSES OF INVENTORY UPDATE REPORTING—Continued

Product

CAS No.

Petrolatum (petroleum), oxidized, barium
salt
Petrolatum (petroleum), oxidized, calcium
salt
Raffinates (petroleum), reformer, Lurgi unitsepd.
Alkenes, C>10 .alpha.-, oxidized
Hydrocarbon waxes (petroleum), clay-treated microcryst., contg. polyethylene,
oxidized
Alkenes, C18-24 .alpha.-, dimers
Alkanes, C1-2
Alkanes, C2-3
Alkanes, C3-4
Alkanes, C4-5
Alkenes, C5, naphtha-raffinate pyrolyzatederived
Aromatic hydrocarbons, C6-8, naphtha-raffinate pyrolyzate-derived
Distillates (petroleum), catalytic reformed
depentanizer
Distillates (petroleum), light steam-cracked
naphtha
Fuel gases
Fuel gases, amine system residues
Fuel gases, C6-8 catalytic reformer
Fuel gases, crude oil distillates
Fuel oil, no. 2
Fuel oil, no. 4
Fuel oil, residues-straight-run gas oils,
high-sulfur
Fuel oil, residual
Fuels, diesel, no. 2
Hydrocarbons, aliph.-arom.-C4-5-olefinic
Hydrocarbons, C3-4
Hydrocarbons, C4-5
Hydrocarbons, C4-6, C5-rich
Hydrocarbons, C>3
Hydrocarbons, C5-10 arom. conc., ethylene-manuf.-by-product
Hydrocarbons, C3-11, catalytic cracker distillates
Hydrocarbons, C2-6, C6-8 catalytic reformer
Hydrocarbons, C2-4, C3-rich
Hydrocarbons, C≥5, C5-6-rich
Hydrocarbons, C4, ethylene-manuf.-byproduct
Hydrocarbons, C≥20, petroleum wastes
Hydrocarbons, C3-5, polymn. unit feed
Hydrocarbons, C5-rich
Hydrocarbons, cyclic C5 and C6
Lubricating oils, refined used
Paraffin waxes and Hydrocarbon waxes,
oxidized, calcium salts
Petroleum products, gases, inorg.
Petroleum gases, liquefied
Petroleum gases, liquefied, sweetened
Waste gases, vent gas, C1-6
Wastes, petroleum
Distillates (petroleum), catalytic reformer
fractionator residue, high-boiling
Distillates (petroleum), catalytic reformer
fractionator residue, intermediate-boiling
Distillates (petroleum), catalytic reformer
fractionator residue, low-boiling
Gases (petroleum), C3-4, isobutane-rich
Distillates (petroleum), C3-5, 2-methyl-2butene-rich

Product

68477–35–0
68477–36–1
68477–38–3
68477–39–4

68477–40–7

68477–41–8
68477–42–9
68477–44–1

68477–47–4
68477–48–5
68477–53–2
68477–54–3
68477–55–4

68477–58–7
68477–59–8
68477–60–1
68477–61–2
68477–62–3
68477–63–4
68477–64–5
68477–65–6
68477–66–7
68477–67–8
68477–68–9
68477–69–0
68477–70–3
68477–71–4

68477–72–5
68477–73–6

68477–74–7
68477–75–8
68477–76–9
68477–77–0
68477–79–2

Distillates (petroleum), C3-6, piperylenerich
Distillates (petroleum), cracked steamcracked, C5-18 fraction
Distillates (petroleum), cracked steamcracked petroleum distillates
Distillates (petroleum), cracked stripped
steam-cracked petroleum distillates, C810 fraction
Distillates (petroleum), cracked stripped
steam-cracked petroleum distillates, C1012 fraction
Gases (petroleum), extractive, C3-5, butadiene-butene-rich
Gases (petroleum), extractive, C3-5,
butene-isobutylene-rich
Distillates (petroleum), heavy naphthenic,
mixed with steam-cracked petroleum distillates C5-12 fraction
Distillates (petroleum), mixed heavy olefin
vacuum, heart-cut
Distillates (petroleum), mixed heavy olefin
vacuum, low-boiling
Distillates (petroleum), steam-cracked, C512 fraction
Distillates (petroleum), steam-cracked, C812 fraction
Distillates (petroleum), steam-cracked, C510 fraction, mixed with light steamcracked petroleum naphtha C5 fraction
Distillates (petroleum), steam-cracked petroleum distillates, C5-18 fraction
Distillates (petroleum), steam-cracked petroleum distillates cyclopentadiene conc.
Extracts (petroleum), cold-acid
Extracts (petroleum), cold-acid, C4-6
Extracts (petroleum), cold-acid, C3-5,
butene-rich
Extracts (petroleum), reformer recycle
Gases (petroleum), acetylene manuf. off
Gases (petroleum), amine system feed
Gases
(petroleum),
benzene
unit
hydrodesulfurizer off
Gases (petroleum), benzene unit recycle,
hydrogen-rich
Gases (petroleum), blend oil, hydrogen-nitrogen-rich
Gases
(petroleum),
butane
splitter
overheads
Gases (petroleum), C2-3
Gases (petroleum), catalytic-cracked gas
oil depropanizer bottoms, C4-rich acidfree
Gases (petroleum), catalytic-cracked naphtha debutanizer bottoms, C3-5-rich
Gases (petroleum), catalytic cracked naphtha depropanizer overhead, C3-rich acidfree
Gases (petroleum), catalytic cracker
Gases (petroleum), catalytic cracker, C1-5rich
Gases (petroleum), catalytic polymd. naphtha stabilizer overhead, C2-4-rich
Gases (petroleum), catalytic reformed
naphtha stripper overheads
Gases (petroleum), catalytic reformer, C14-rich

47

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§ 710.46

40 CFR Ch. I (7–1–08 Edition)

CAS NUMBERS OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES TERMED ‘‘PETROLEUM
PROCESS STREAMS’’ FOR PURPOSES OF INVENTORY UPDATE REPORTING—Continued
CAS No.
68477–80–5
68477–81–6
68477–82–7
68477–83–8
68477–84–9
68477–85–0
68477–86–1
68477–87–2
68477–88–3
68477–89–4
68477–90–7
68477–91–8
68477–92–9
68477–93–0
68477–94–1
68477–95–2
68477–96–3
68477–97–4
68477–98–5
68477–99–6

68478–00–2
68478–01–3
68478–02–4
68478–03–5
68478–04–6
68478–05–7
68478–08–0
68478–10–4

68478–12–6
68478–13–7
68478–15–9
68478–16–0
68478–17–1
68478–18–2
68478–19–3
68478–20–6

jbell on PRODPC61 with CFR

68478–22–8

CAS NUMBERS OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES TERMED ‘‘PETROLEUM
PROCESS STREAMS’’ FOR PURPOSES OF INVENTORY UPDATE REPORTING—Continued
CAS No.

Product

Product

68478–24–0

Gases (petroleum), C6-8 catalytic reformer
recycle
Gases (petroleum), C6-8 catalytic reformer
Gases (petroleum), C6-8 catalytic reformer
recycle, hydrogen-rich
Gases (petroleum), C3-5 olefinic-paraffinic
alkylation feed
Gases (petroleum), C2-return stream
Gases (petroleum), C4-rich
Gases (petroleum), deethanizer overheads
Gases (petroleum), deisobutanizer tower
overheads
Gases (petroleum), deethanizer overheads,
C3-rich
Distillates
(petroleum),
depentanizer
overheads
Gases (petroleum), depropanizer dry,
propene-rich
Gases
(petroleum),
depropanizer
overheads
Gases (petroleum), dry sour, gas-concn.unit-off
Gases (petroleum), gas concn. reabsorber
distn.
Gases (petroleum), gas recovery plant
depropanizer overheads
Gases (petroleum), Girbatol unit feed
Gases (petroleum), hydrogen absorber off
Gases (petroleum), hydrogen-rich
Gases (petroleum), hydrotreater blend oil
recycle, hydrogen-nitrogen rich
Gases (petroleum), isomerized naphtha
fractionater, C4-rich, hydrogen sulfidefree
Gases (petroleum), recycle, hydrogen-rich
Gases (petroleum), reformer make-up, hydrogen-rich
Gases (petroleum), reforming hydrotreater
Gases (petroleum), reforming hydrotreater,
hydrogen-methane-rich
Gases (petroleum), reforming hydrotreater
make-up, hydrogen-rich
Gases (petroleum), thermal cracking distn.
Naphtha (petroleum), light steam-cracked,
C5-fraction, oligomer conc.
Naphtha (petroleum), light steam-cracked,
debenzenized,
C8-16-cycloalkadiene
conc.
Residues (petroleum), butane splitter bottoms
Residues (petroleum), catalytic reformer
fractionator residue distn.
Residues (petroleum), C6-8 catalytic reformer
Residual oils (petroleum), deisobutanizer
tower
Residues (petroleum), heavy coker gas oil
and vacuum gas oil
Residues (petroleum), heavy olefin vacuum
Residual oils (petroleum), propene purifn.
splitter
Residues (petroleum), steam-cracked petroleum distillates cyclopentadiene conc.,
C4-cyclopentadiene-free
Tail gas (petroleum), catalytic cracked
naphtha stabilization absorber

68478–25–1
68478–26–2
68478–27–3
68478–28–4
68478–29–5
68478–30–8
68478–31–9
68478–32–0
68478–33–1
68478–34–2
68512–61–8
68512–62–9
68512–78–7
68512–91–4
68513–02–0
68513–03–1
68513–11–1
68513–12–2
68513–13–3
68513–14–4
68513–15–5
68513–16–6
68513–17–7
68513–18–8
68513–19–9
68513–62–2
68513–63–3
68513–65–5
68513–66–6
68513–67–7
68513–68–8
68513–69–9
68513–74–6
68514–15–8
68514–29–4
68514–31–8
68514–32–9

Tail gas (petroleum), catalytic cracker,
catalytic reformer and hydrodesulfurizer
combined fractionater
Tail gas (petroleum), catalytic cracker refractionation absorber
Tail gas (petroleum), catalytic reformed
naphtha fractionation stabilizer
Tail gas (petroleum), catalytic reformed
naphtha separator
Tail gas (petroleum), catalytic reformed
naphtha stabilizer
Tail gas (petroleum), cracked distillate
hydrotreater separator
Tail gas (petroleum), hydrodesulfurized
straight-run naphtha separator
Tail gas (petroleum), isomerized naphtha
fractionates, hydrogen sulfide-free
Tail gas (petroleum), saturate gas plant
mixed stream, C4-rich
Tail gas (petroleum), saturate gas recovery
plant, C1-2-rich
Tail gas (petroleum), vacuum residues
thermal cracker
Residues (petroleum), heavy coker and
light vacuum
Residues (petroleum), light vacuum
Solvent naphtha (petroleum), light arom.,
hydrotreated
Hydrocarbons, C3-4-rich, petroleum distillates
Naphtha (petroleum), full-range coker
Naphtha (petroleum), light catalytic reformed, arom.-free
Fuel gases, hydrotreater fractionation,
scrubbed
Fuel gases, saturate gas unit fractionaterabsorber overheads
Fuel gases, thermal cracked catalytic
cracking residue
Gases (petroleum), catalytic reformed
straight-run naphtha stabilizer overheads
Gases (petroleum), full-range straight-run
naphtha dehexanizer off
Gases
(petroleum),
hydrocracking
depropanizer off, hydrocarbon-rich
Gases (petroleum), light straight-run naphtha stabilizer off
Gases (petroleum), reformer effluent highpressure flash drum off
Gases (petroleum), reformer effluent lowpressure flash drum off
Disulfides, C5-12-alkyl
Distillates (petroleum), catalytic reformed
straight-run naphtha overheads
Butane, branched and linear
Residues (petroleum), alkylation splitter,
C4-rich
Residues (petroleum), cyclooctadiene bottoms
Residues (petroleum), deethanizer tower
Residues (petroleum), steam-cracked light
Waste gases, ethylene oxide absorber-reactor
Gasoline, vapor-recovery
Hydrocarbons, amylene feed debutanizer
overheads nonextractable raffinates
Hydrocarbons, C1-4
Hydrocarbons, C10 and C12, olefin-rich

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Environmental Protection Agency

§ 710.46

CAS NUMBERS OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES TERMED ‘‘PETROLEUM
PROCESS STREAMS’’ FOR PURPOSES OF INVENTORY UPDATE REPORTING—Continued
CAS No.
68514–33–0
68514–34–1
68514–35–2
68514–36–3
68514–37–4
68514–38–5
68514–39–6
68514–79–4
68515–25–3
68515–26–4
68515–27–5
68515–28–6
68515–29–7
68515–30–0
68515–32–2
68515–33–3
68515–34–4
68515–35–5
68515–36–6
68516–20–1
68526–52–3
68526–53–4
68526–54–5
68526–55–6
68526–56–7
68526–57–8
68526–58–9
68526–77–2
68526–99–8
68527–00–4
68527–11–7
68527–13–9
68527–14–0
68527–15–1
68527–16–2
68527–18–4
68527–19–5
68527–21–9
68527–22–0
68527–23–1
68527–26–4
68527–27–5
68553–00–4
68553–14–0
68602–79–9

jbell on PRODPC61 with CFR

68602–81–3

CAS NUMBERS OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES TERMED ‘‘PETROLEUM
PROCESS STREAMS’’ FOR PURPOSES OF INVENTORY UPDATE REPORTING—Continued

Product

CAS No.

Hydrocarbons, C12 and C14, olefin-rich
Hydrocarbons, C9-14, ethylene-manuf.-byproduct
Hydrocarbons, C14-30, olefin-rich
Hydrocarbons, C1-4, sweetened
Hydrocarbons, C4-5-unsatd.
Hydrocarbons, C4-10-unsatd.
Naphtha (petroleum), light steam-cracked,
isoprene-rich
Petroleum
products,
hydrofinerpowerformer reformates
Benzene, C1-9-alkyl derivs.
Benzene, di-C12-14-alkyl derivs.
Benzene, di-C10-14-alkyl derivs., fractionation overheads, heavy ends
Benzene, di-C10-14-alkyl derivs., fractionation overheads, light ends
Benzene, di-C10-14-alkyl derivs., fractionation overheads, middle cut
Benzene, mono-C20-48-alkyl derivs.
Benzene, mono-C12-14-alkyl derivs., fractionation bottoms
Benzene, mono-C10-12-alkyl derivs., fractionation bottoms, heavy ends
Benzene, mono-C12-14-alkyl derivs., fractionation bottoms, heavy ends
Benzene, mono-C10-12-alkyl derivs., fractionation bottoms, light ends
Benzene, mono-C12-14-alkyl derivs., fractionation bottoms, light ends
Naphtha (petroleum), steam-cracked middle arom.
Alkenes, C6
Alkenes, C6-8, C7-rich
Alkenes, C7-9, C8-rich
Alkenes, C8-10, C9-rich
Alkenes, C9-11, C10-rich
Alkenes, C10-12, C11-rich
Alkenes, C11-13, C12-rich
Aromatic hydrocarbons, ethane cracking
scrubber effluent and flare drum
Alkenes, C6-9 .alpha.Alkenes, C8-9 .alpha.Alkenes, C5
Gases (petroleum), acid, ethanolamine
scrubber
Gases (petroleum), methane-rich off
Gases (petroleum), oil refinery gas distn.
off
Hydrocarbons, C1-3
Gas oils (petroleum), steam-cracked
Hydrocarbons, C1-4, debutanizer fraction
Naphtha (petroleum), clay-treated full-range
straight-run
Naphtha (petroleum), clay-treated light
straight-run
Naphtha (petroleum), light steam-cracked
arom.
Naphtha (petroleum), light steam-cracked,
debenzenized
Naphtha (petroleum), full-range alkylate,
butane-contg.
Fuel oil, no. 6
Hydrocarbons, C8-11
Distillates (petroleum), benzene unit
hydrotreater dipentanizer overheads
Distillates, hydrocarbon resin prodn. higher
boiling

Product

68602–82–4
68602–83–5
68602–84–6

68602–96–0

68602–97–1
68602–98–2
68602–99–3
68603–00–9
68603–01–0
68603–02–1
68603–03–2
68603–08–7
68603–09–8
68603–10–1
68603–11–2
68603–12–3
68603–13–4
68603–14–5
68603–31–6
68603–32–7
68606–09–7
68606–10–0
68606–11–1
68606–24–6
68606–25–7
68606–26–8
68606–27–9
68606–28–0
68606–31–5
68606–34–8
68606–36–0
68607–11–4
68607–30–7
68608–56–0
68647-60–9
68647–61–0
68647–62–1
68650–36–2
68650–37–3

Gases
(petroleum),
benzene
unit
hydrotreater depentenizer overheads
Gases (petroleum), C1-5, wet
Gases (petroleum), secondary absorber off,
fluidized catalytic cracker overheads
fractionater
Distillates (petroleum), oxidized light, strong
acid
components,
compds.
with
diethanolamine
Distillates (petroleum), oxidized light, strong
acid components, sodium salts
Distillates (petroleum), oxidized light, strong
acid components
Distillates (petroleum), oxidized light, strong
acid-free
Distillates (petroleum), thermal cracked
naphtha and gas oil
Distillates (petroleum), thermal cracked
naphtha and gas oil, C5-dimer-contg.
Distillates (petroleum), thermal cracked
naphtha and gas oil, dimerized
Distillates (petroleum), thermal cracked
naphtha and gas oil, extractive
Naphtha (petroleum), arom.-contg.
Hydrocarbon waxes (petroleum), oxidized,
calcium salts
Hydrocarbon waxes (petroleum), oxidized,
Me esters, barium salts
Hydrocarbon waxes (petroleum), oxidized,
Me esters, calcium salts
Hydrocarbon waxes (petroleum), oxidized,
Me esters, sodium salts
Petrolatum (petroleum), oxidized, ester with
sorbitol
Residual oils (petroleum), oxidized, calcium
salts
Alkenes, C10, tert-amylene concentrator
by-product
Alkenes, C15-20 .alpha.-, isomerized
Fuel gases, expander off
Gasoline, pyrolysis, debutanizer bottoms
Gasoline, straight-run, topping-plant
Hydrocarbons, C4, butene concentrator byproduct
Hydrocarbons, C2-4
Hydrocarbons, C3
Gases (petroleum), alkylation feed
Hydrocarbons, C5 and C10-aliph. and C68-arom.
Hydrocarbons, C3-5, butadiene purifn. byproduct
Gases (petroleum), depropanizer bottoms
fractionation off
Hydrocarbons, C5-unsatd. rich, isoprene
purifn. by-product
Petroleum products, refinery gases
Residues (petroleum), topping plant, lowsulfur
Waste gases, from carbon black manuf.
Hydrocarbons, C>4
Hydrocarbons, C4-5, tert-amylene concentrator by-product
Hydrocarbons, C4-5, butene concentrator
by-product, sour
Aromatic hydrocarbons, C8, o-xylene-lean
Paraffin waxes (petroleum), oxidized, sodium salts

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§ 710.46

40 CFR Ch. I (7–1–08 Edition)

CAS NUMBERS OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES TERMED ‘‘PETROLEUM
PROCESS STREAMS’’ FOR PURPOSES OF INVENTORY UPDATE REPORTING—Continued
CAS No.
68782–97–8
68782–98–9
68782–99–0
68783–00–6
68783–01–7
68783–02–8
68783–04–0
68783–05–1
68783–06–2
68783–07–3
68783–08–4
68783–09–5
68783–12–0
68783–13–1
68783–15–3
68783–61–9
68783–62–0
68783–64–2
68783–65–3
68783–66–4
68814–47–1
68814–67–5
68814–87–9
68814–89–1
68814–90–4
68814–91–5
68855–57–2
68855–58–3
68855–59–4
68855–60–7
68911–58–0
68911–59–1
68915–96–8
68915–97–9
68918–69–4
68918–73–0
68918–93–4
68918–98–9
68918–99–0
68919–00–6
68919–01–7
68919–02–8
68919–03–9

jbell on PRODPC61 with CFR

68919–04–0

CAS NUMBERS OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES TERMED ‘‘PETROLEUM
PROCESS STREAMS’’ FOR PURPOSES OF INVENTORY UPDATE REPORTING—Continued

Product

CAS No.

Distillates (petroleum), hydrofined lubricating-oil
Extracts (petroleum), clarified oil solvent,
condensed-ring-arom.-contg.
Extracts (petroleum), heavy clarified oil solvent, condensed-ring-arom.-contg.
Extracts (petroleum), heavy naphthenic distillate solvent, arom. conc.
Extracts (petroleum), heavy naphthenic distillate solvent, paraffinic conc.
Extracts (petroleum), intermediate clarified
oil solvent, condensed-ring-arom.-contg.
Extracts (petroleum), solvent-refined heavy
paraffinic distillate solvent
Gases (petroleum), ammonia-hydrogen sulfide, water-satd.
Gases (petroleum), hydrocracking lowpressure separator
Gases (petroleum), refinery blend
Gas oils (petroleum), heavy atmospheric
Naphtha (petroleum), catalytic cracked light
distd.
Naphtha (petroleum), unsweetened
Residues (petroleum), coker scrubber, condensed-ring-arom.-contg.
Alkenes, C6-7 .alpha.Fuel gases, refinery, sweetened
Fuel gases, refinery, unsweetened
Gases (petroleum), catalytic cracking
Gases (petroleum), C2-4, sweetened
Naphtha (petroleum), light, sweetened
Waste gases, refinery vent
Gases (petroleum), refinery
Distillates (petroleum), full-range straightrun middle
Extracts (petroleum), heavy paraffinic distillates, solvent-deasphalted
Gases (petroleum), platformer products
separator off
Alkenes, C5-9 .alpha.Alkenes, C6-12 .alpha.Alkenes, C10-16 .alpha.Alkenes, C14-18 .alpha.Alkenes, C14-20 .alpha.Gases (petroleum), hydrotreated sour kerosine depentanizer stabilizer off
Gases (petroleum), hydrotreated sour kerosine flash drum
Distillates (petroleum), heavy straight-run
Gas oils (petroleum), straight-run, high-boiling
Petrolatum (petroleum), oxidized, zinc salt
Residues (petroleum), clay-treating filter
wash
Paraffin waxes and Hydrocarbon waxes,
oxidized, alkali metal salts
Fuel gases, refinery, hydrogen sulfide-free
Gases (petroleum), crude oil fractionation
off
Gases (petroleum), dehexanizer off
Gases (petroleum), distillate unifiner
desulfurization stripper off
Gases (petroleum), fluidized catalytic
cracker fractionation off
Gases (petroleum), fluidized catalytic
cracker scrubbing secondary absorber
off
Gases
(petroleum),
heavy
distillate
hydrotreater desulfurization stripper off

Product

68919–05–1
68919–06–2
68919–07–3
68919–08–4
68919–09–5
68919–10–8
68919–11–9
68919–12–0
68919–15–3
68919–16–4
68919–17–5
68919–19–7
68919–20–0
68919–37–9
68920–06–9
68920–07–0
68920–64–9
68921–07–3
68921–08–4

68921–09–5
68921–67–5
68952–76–1
68952–77–2
68952–78–3

68952–79–4
68952–80–7
68952–81–8
68952–82–9

68953–80–0
68955–27–1
68955–28–2
68955–31–7
68955–32–8
68955–33–9

68955–34–0
68955–35–1

Gases (petroleum), light straight run gasoline fractionation stabilizer off
Gases (petroleum), naphtha unifiner
desulfurization stripper off
Gases (petroleum), platformer stabilizer off,
light ends fractionation
Gases (petroleum), preflash tower off,
crude distn.
Gases (petroleum), straight-run naphtha
catalytic reforming off
Gases (petroleum), straight-run stabilizer
off
Gases (petroleum), tar stripper off
Gases (petroleum), unifiner stripper off
Hydrocarbons, C6-12, benzene-recovery
Hydrocarbons, catalytic alkylation, by-products, C3-6
Hydrocarbons, C12-20, catalytic alkylation
by-products
Gases (petroleum), fluidized catalytic
cracker splitter residues
Gases (petroleum), fluidized catalytic
cracker splitter overheads
Naphtha (petroleum), full-range reformed
Hydrocarbons, C7-9
Hydrocarbons, C<10-linear
Disulfides, di-C1-2-alkyl
Distillates (petroleum), hydrotreated light
catalytic cracked
Distillates (petroleum), light straight-run
gasoline
fractionation
stabilizer
overheads
Distillates (petroleum), naphtha unifiner
stripper
Hydrocarbons, ethylene-manuf.-by-product
distn. residues
Gases (petroleum), catalytic cracked naphtha debutanizer
Tail gas (petroleum), catalytic cracked distillate and naphtha stabilizer
Tail
gas
(petroleum),
catalytic
hydrodesulfurized distillate fractionation
stabilizer, hydrogen sulfide-free
Tail
gas
(petroleum),
catalytic
hydrodesulfurized naphtha separator
Tail gas (petroleum), straight-run naphtha
hydrodesulfurizer
Tail gas (petroleum), thermal-cracked distillate, gas oil and naphtha absorber
Tail gas (petroleum), thermal cracked hydrocarbon fractionation stabilizer, petroleum coking
Benzene, mixed with toluene, dealkylation
product
Distillates (petroleum), petroleum residues
vacuum
Gases (petroleum), light steam-cracked,
butadiene conc.
Gases (petroleum), butadiene process,
inorg.
Natural gas, substitute, steam-reformed
desulfurized naphtha
Gases (petroleum), sponge absorber off,
fluidized catalytic cracker and gas oil
desulfurizer overhead fractionation
Gases (petroleum), straight-run naphtha
catalytic reformer stabilizer overhead
Naphtha (petroleum), catalytic reformed

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Environmental Protection Agency

§ 710.46

CAS NUMBERS OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES TERMED ‘‘PETROLEUM
PROCESS STREAMS’’ FOR PURPOSES OF INVENTORY UPDATE REPORTING—Continued
CAS No.
68955–36–2
68955–76–0
68955–96–4
68956–47–8
68956–48–9
68956–52–5
68956–54–7
68956–55–8
68956–70–7
68988–79–4
68988–99–8

68989–88–8
68990–35–2
68991–49–1
68991–50–4
68991–51–5
68991–52–6
69013–21–4
69029–75–0
69430–33–7
70024–88–3
70528–71–1
70528–72–2
70528–73–3
70592–76–6
70592–77–7
70592–78–8
70592–79–9
70693–00–4
70693–06–0
70913–85–8
70913–86–9
70955–08–7
70955–09–8
70955–10–1
70955–17–8
71243–66–8
71302–82–4
71329–37–8
71808–30–5
72230–71–8
72623–83–7
72623–84–8

jbell on PRODPC61 with CFR

72623–85–9

CAS NUMBERS OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES TERMED ‘‘PETROLEUM
PROCESS STREAMS’’ FOR PURPOSES OF INVENTORY UPDATE REPORTING—Continued

Product

CAS No.

Residues (petroleum), steam-cracked, resinous
Aromatic hydrocarbons, C9-16, biphenyl
deriv.-rich
Disulfides, dialkyl and di-Ph, naphtha
sweetening
Fuel oil, isoprene reject absorption
Fuel oil, residual, wastewater skimmings
Hydrocarbons, C4-8
Hydrocarbons, C4-unsatd.
Hydrocarbons, C5-unsatd.
Petroleum products, C5-12, reclaimed,
wastewater treatment
Benzene, C10-12-alkyl derivs., distn. residues
Phenols, sodium salts, mixed with sulfur
compounds, gasoline alk. scrubber residues
Gases (petroleum), crude distn. and catalytic cracking
Distillates (petroleum), arom., hydrotreated,
dicyclopentadiene-rich
Alkanes, C10-13, arom.-free desulfurized
Alkanes, C14-17, arom.-free desulfurized
Alkanes, C10-13, desulfurized
Alkenes, C10-16
Fuel oil, pyrolysis
Oils, reclaimed
Hydrocarbons, C6-30
Ethene, thermal cracking products
Distillates (petroleum), heavy distillate solvent ext. heart-cut
Distillates (petroleum), heavy distillate solvent ext. vacuum overheads
Residues (petroleum), heavy distillate solvent ext. vacuum
Distillates (petroleum), intermediate vacuum
Distillates (petroleum), light vacuum
Distillates (petroleum), vacuum
Residues (petroleum), atm. tower, light
Hydrocarbon waxes (petroleum), oxidized,
sodium salts
Aromatic hydrocarbons, C9-11
Residues (petroleum), solvent-extd. vacuum distilled atm. residuum
Alkanes, C18-70
Alkanes, C4-6
Alkenes, C13-14 .alpha.Alkenes, C15-18 .alpha.Aromatic hydrocarbons, C12-20
Hydrocarbon waxes (petroleum), clay-treated, microcryst., oxidized, potassium salts
Hydrocarbons, C5-8, Houdry butadiene
manuf. by-product
Residues (petroleum), catalytic cracking
depropanizer, C4-rich
Tail gas (petroleum), thermal cracking absorber
Distillates (petroleum), cracked steamcracked, C5-17 fraction
Lubricating
oils
(petroleum),
C>25,
hydrotreated bright stock-based
Lubricating oils (petroleum), C15-30,
hydrotreated neutral oil-based, contg.
solvent deasphalted residual oil
Lubricating oils (petroleum), C20-50,
hydrotreated neutral oil-based, high-viscosity

Product

72623–86–0
72623–87–1
73138–65–5
92045–43–7
92045–58–4
92062–09–4
93762–80–2
98859–55–3
98859–56–4
101316–73–8
164907–78–2
164907–79–3
178603–63–9

178603–64–0

178603–65–1

178603–66–2

212210–93–0
221120–39–4
445411–73–4

Lubricating oils (petroleum), C15-30,
hydrotreated neutral oil-based
Lubricating oils (petroleum), C20-50,
hydrotreated neutral oil-based
Hydrocarbon waxes (petroleum), oxidized,
magnesium salts
Lubricating oils (petroleum), hydrocracked
nonarom. solvent deparaffined
Naphtha (petroleum), isomerization, C6fraction
Slack wax (petroleum), hydrotreated
Alkenes, C15-18
Distillates (petroleum), oxidized heavy,
compds. with diethanolamine
Distillates (petroleum), oxidized heavy, sodium salts
Lubricating oils (petroleum), used, noncatalytically refined
Extracts (petroleum), asphaltene-low vacuum residue solvent
Residues (petroleum), vacuum, asphaltenelow
Gas
oils
(petroleum),
vacuum,
hydrocracked, hydroisomerized, hydrogenated, C10-25
Gas
oils
(petroleum),
vacuum,
hydrocracked, hydroisomerized, hydrogenated, C15-30, branched and cyclic
Gas
oils
(petroleum),
vacuum,
hydrocracked, hydroisomerized, hydrogenated, C20-40, branched and cyclic
Gas
oils
(petroleum),
vacuum,
hydrocracked, hydroisomerized, hydrogenated, C25-55, branched and cyclic
Solvent naphtha (petroleum), heavy arom.,
distn. residues
Distillates (petroleum), cracked steamcracked, C5-12 fraction
Gas
oils
(petroleum),
vacuum,
hydrocracked, hydroisomerized, hydrogenated, C10-25, branched and cyclic

(2) Specific exempted chemical substances—(i) Exemption. EPA has determined that, at this time, the information in § 710.52(c)(4) associated with the
chemicals listed in paragraph (b)(2)(iv)
of this section is of low current interest.
(ii) Considerations. In making its determination of whether this partial exemption should apply to a particular
chemical substance, EPA will consider
the totality of information available
for the chemical substance in question,
including but not limited to, one or
more of the following considerations:
(A) Whether the chemical qualifies or
has qualified in past IUR collections
for the reporting of the information described in § 710.52(c)(4) (i.e., at least one

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§ 710.46

40 CFR Ch. I (7–1–08 Edition)
the list in paragraph (b)(2)(iv) of this
section.
(C) To assist EPA in reaching a decision regarding a particular request
prior to a given reporting year, requests must be submitted to EPA no
later than 12 months prior to the start
of the reporting year, i.e., by January
1, 2004, or by each January 1 at 5–year
intervals thereafter.
(iv) List of chemical substances. EPA
has designated the following chemical
substances, listed by CAS Number, as
partially exempt from reporting under
the IUR.

jbell on PRODPC61 with CFR

site manufactures 300,000 pounds or
more of the chemical).
(B) The chemical substance’s chemical and physical properties or potential for persistence, bioaccumulation,
health effects, or environmental effects
(considered independently or together).
(C) The information needs of EPA,
other federal agencies, tribes, states,
and local governments, as well as
members of the public.
(D) The availability of other complementary risk screening information.
(E) The availability of comparable
processing and use information.
(F) Whether the potential risks of the
chemical substance are adequately
managed.
(iii) Amendments. EPA may amend
the chemical list in paragraph (b)(2)(iv)
of this section on its own initiative or
in response to a request from the public based on EPA’s determination of
whether the information in § 710.52(c)(4)
is of low interest.
(A) Any person may request that
EPA amend the chemical list in paragraph (b)(2)(iv) of this section. Your request must be in writing and must be
submitted to the address provided in
§ 710.59(d). Requests must identify the
chemical in question, as well as its
CAS number or other chemical identification number as identified in
§ 710.52(c)(3)(i), and must contain a
written rationale for the request that
provides sufficient specific information, addressing the considerations
listed in § 710.46(b)(2)(ii), including cites
and relevant documents, to demonstrate to EPA that the collection of
the information in § 710.52(c)(4) for the
chemical in question either is or is not
of low current interest. If a request related to a particular chemical is resubmitted, any subsequent request must
clearly identify new information contained in the request. EPA may request
other information that it believes necessary to evaluate the request. EPA
will issue a written response to each
request within 120 days of receipt of
the request, and will maintain copies of
these responses in a public docket that
will be established for each reporting
cycle.
(B) As needed, the Agency will initiate rulemaking to make revisions to

CAS NUMBERS OF PARTIALLY EXEMPT
CHEMICAL SUBSTANCES UNDER § 710.46(b)(2)
CAS No.

Chemical

50–70–4
50–81–7
50–99–7
56–81–5
56–87–1
57–50–1
58–95–7

59–02–9

59–51–8
69–65–8
87–79–6
87–99–0
96–10–6
97–93–8
100–99–2
123–94–4
124–38–9
137–08–6
142–47–2
150–30–1
563–43–9
1070–00–4
1116–70–7
1116–73–0
1191–15–7
1317–65–3
1333–74–0
1592–23–0
7440–37–1
7440–44–0
7727–37–9
7782–42–5
7782–44–7
8001–21–6
8001–22–7
8001–23–8
8001–26–1
8001–29–4
8001–30–7
8001–31–8
8001–78–3
8001–79–4
8002–03–7
8002–13–9

D-Glucitol
L-Ascorbic acid
D-Glucose
1,2,3-Propanetriol
L-Lysine
.alpha.-D-Glucopyranoside,
.beta.-Dfructofuranosyl
2H-1-Benzopyran-6-ol, 3,4-dihydro-2,5,7,8tetramethyl-2-[(4R,8R)-4,8,12trimethyltridecyl]-, acetate, (2R)2H-1-Benzopyran-6-ol, 3,4-dihydro-2,5,7,8tetramethyl-2-[(4R,8R)-4,8,12trimethyltridecyl]-, (2R)Methionine
D-Mannitol
L-Sorbose
Xylitol
Aluminum, chlorodiethylAluminum, triethylAluminum, tris(2-methylpropyl)Octadecanoic acid, 2,3-dihydroxypropyl
ester
Carbon dioxide
.beta.-Alanine, N-[(2R)-2,4-dihydroxy-3,3-dimethyl-1-oxobutyl]-, calcium alt (2:1)
L-Glutamic acid, monosodium salt
Phenylalanine
Aluminum, dichloroethylAluminum, trioctylAluminum, tributylAluminum, trihexylAluminum, hydrobis(2-methylpropyl)Limestone
Hydrogen
Octadecanoic acid, calcium salt
Argon
Carbon
Nitrogen
Graphite
Oxygen
Sunflower oil
Soybean oil
Safflower oil
Linseed oil
Cottonseed oil
Corn oil
Coconut oil
Castor oil, hydrogenated
Castor oil
Peanut oil
Rape oil

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Environmental Protection Agency

§ 710.49

CAS NUMBERS OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES UNDER § 710.46(b)(2)—
Continued
CAS No.
8002–43–5
8002–75–3
8006–54–0
8016–28–2
8016–70–4
8021–99–6
8029–43–4
9004–53–9
9005–25–8
9050–36–6
11103–57–4
12075–68–2
12542–85–7
16291–96–6
26836–47–5
61789–44–4
61789–97–7
61789–99–9
64147–40–6
64755–01–7
65996–63–6
65996–64–7
67701–01–3
68002–85–7
68131–37–3
68188–81–8
68308–36–1
68308–54–3
68334–00–9
68334–28–1
68409–76–7
68424–45–3
68424–61–3
68425–17–2
68439–86–1
68442–69–3
68476–78–8
68514–27–2
68514–74–9
68525–87–1
68648–87–3
68918–42–3
68952–94–3
68956–68–3
68989–98–0
73138–67–7
120962–03–0
129813–58–7
129813–59–8
129813–60–1

the reporting requirements under
§ 710.52(c)(4) for inorganic chemical substances. During the 2006 submission period, manufacturers of inorganic chemical substances are not excluded from
the other reporting requirements under
this part. During submission periods
following the 2006 submission period,
manufacturers of inorganic chemical
substances are subject to all of the reporting requirements in this subpart.

Chemical
Lecithins
Palm oil
Lanolin
Lard, oil
Soybean oil, hydrogenated
Charcoal, bone
Syrups, hydrolyzed starch
Dextrin
Starch
Maltodextrin
Vitamin A
Aluminum, di-.mu.-chlorochlorotriethyldiAluminum, trichlorotrimethyldiCharcoal
D-Glucitol, monooctadecanoate
Fatty acids, castor-oil
Tallow
Lard
Castor oil, dehydrated
Fatty acids, tallow, calcium salts
Starch, acid-hydrolyzed
Starch, enzyme-hydrolyzed
Fatty acids, C12-18
Fatty acids, C14-22 and C16-22-unsatd.
Syrups, hydrolyzed starch, dehydrated
Grease, poultry
Soybean meal
Glycerides, tallow mono-, di- and tri-, hydrogenated
Cottonseed oil, hydrogenated
Fats and glyceridic oils, vegetable, hydrogenated
Bone meal, steamed
Fatty acids, linseed-oil
Glycerides, C16-18 and C18-unsatd. monoand diSyrups, hydrolyzed starch, hydrogenated
Bone, ash
Benzene, mono-C10-14-alkyl derivs.
Molasses
Grease, catch basin
Palm oil, hydrogenated
Corn oil, hydrogenated
Benzene, C10-16-alkyl derivs.
Soaps, stocks, soya
Soaps, stocks, vegetable-oil
Fats and glyceridic oils, vegetable
Fats and glyceridic oils, vegetable, residues
Lard, hydrogenated
Canola oil
Benzene, mono-C10-13-alkyl derivs.
Benzene, mono-C12-14-alkyl derivs.
Benzene, mono-C14-16-alkyl derivs.

[68 FR 890, Jan. 7, 2003, as amended at 69 FR
40791, July 7, 2004; 70 FR 60221, Oct. 17, 2005;
70 FR 74700, Dec. 16, 2005; 70 FR 75068, Dec. 19,
2005; 71 FR 8470, Feb. 17, 2006]

§ 710.48

[68 FR 890, Jan. 7, 2003, as amended at 70 FR
75069, Dec. 19, 2005]

(3) Inorganic chemical substances. For
purposes of this subpart, an inorganic
chemical substance is any chemical
substance which does not contain carbon or contains carbon only in the
form of carbonato [=CO3], cyano [--CN],
cyanato [--OCN], isocyano [--NC], or
isocyanato [--NCO] groups or the
chalcogen analogues of such groups.
During the 2006 submission period,
manufacturers are excluded only from
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Persons who must report.

Except as provided in § § 710.49 and
710.50, the following persons are subject
to the requirements of this subpart.
Persons must determine whether they
must report under this section for each
chemical substance that they manufacture (including import) at an individual site.
(a) Persons subject to recurring reporting. Any person who manufactured (including imported) for commercial purposes 25,000 lbs. (11,340 kg) or more of a
chemical substance described in § 710.45
at any single site owned or controlled
by that person at any time during calendar year 2005 or during the calendar
year at 5–year intervals thereafter is
subject to reporting.
(b) Special provisions for importers. For
purposes of this section, the site for a
person who imports a chemical substance described in § 710.45 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.
The import site may in some cases be
the organization’s headquarters in the
United States (see also § 710.55(b)).

§ 710.49 Persons not subject to this
subpart.
A person described in § 710.48 is not
subject to the requirements of this subpart if that person qualifies as a small
manufacturer as that term is defined in
§ 704.3 of this chapter. Notwithstanding
this exclusion, a person who qualifies
as a small manufacturer is subject to

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§ 710.50

40 CFR Ch. I (7–1–08 Edition)

this subpart with respect to any chemical substance that is the subject of a
rule proposed or promulgated under
section 4, 5(b)(4), or 6 of the Act, or is
the subject of an order in effect under
section 5(e) of the Act, or is the subject
of relief that has been granted under a
civil action under section 5 or 7 of the
Act.

son is required to report (i.e., calendar
year 2005 and the calendar year at 5–
year intervals thereafter).
(a) Reporting in writing. Any person
who chooses to report information to
EPA in writing must do so by completing the reporting form available
from EPA at the address set forth in
§ 710.59. The form must include all information described in paragraph (c) of
this section. Persons reporting in writing must submit a separate form for
each site for which the person is required to report.
(b) Reporting by magnetic media. Any
person who chooses to report information to EPA by means of magnetic
media must submit the information described in paragraph (c) of this section.
Magnetic media submitted in response
to this subpart must meet EPA specifications, as described in the instruction booklet available from EPA at the
address set forth in § 710.59.
(c) Information to be reported. Manufacturers (including importers) of a reportable chemical substance in an
amount of 25,000 lbs. (11,340 kg) or more
at a site during a reporting year must
report the information described in
paragraphs (c)(1), (c)(2), and (c)(3) of
this section. Manufacturers (including
importers) of a reportable chemical
substance in an amount of 300,000 lbs.
(136,077 kg) or more at a site during a
reporting year must report the information described in paragraph (c)(4) of
this section in addition to the information described in paragraphs (c)(1),
(c)(2), and (c)(3) of this section. As described in § 710.46(b)(3), manufacturers
of certain inorganic chemical substances are not required to report the
information described in paragraph
(c)(4) of this section during the 2006
submission period, but are required to
report this information during subsequent submission periods. As described
in § 710.46(b)(1) and (b)(2), manufacturers of certain chemicals are not required to report the information described in paragraph (c)(4) of this section.
(1) A certification statement signed and
dated by an authorized official of the submitter company. Persons reporting by
means of magnetic media must submit
this information on the reporting form
available as described in § 710.59.

§ 710.50 Activities for which reporting
is not required.
A person described in § 710.48 is not
subject to the requirements of this subpart with respect to any chemical substance described in § 710.45 that the person solely manufactured or imported
under the following circumstances:
(a) The person manufactured or imported the chemical substance described in § 710.45 solely in small quantities for research and development.
(b) The person imported the chemical
substance described in § 710.45 as part of
an article.
(c) The person manufactured the
chemical substance described in § 710.45
in a manner described in § 720.30(g) or
(h) of this chapter.

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§ 710.52 Reporting information to EPA.
Any person who must report under
this subpart, as described in § 710.48,
must submit the information described
in this section for each chemical substance described in § 710.45 that the person manufactured (including imported)
for commercial purposes in an amount
of 25,000 lbs. (11,340 kg) or more at any
one site during calendar year 2005 or
during the calendar year at 5–year intervals thereafter. (See § 710.48(b) for
the ‘‘site’’ for importers). A separate
form must be submitted for each chemical substance at each site for which
the submitter is required to report. A
submitter of information under this
subpart must report information as described in paragraphs (c)(1), (c)(2), and
(c)(3) of this section to the extent that
such information is known to or reasonably ascertainable by that person whereas a submitter must report information
as described in paragraph (c)(4) of this
section only to the extent that such information is readily obtainable by that
person. A submitter under this subpart
must report information that applies
to the calendar year for which the per-

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Environmental Protection Agency

§ 710.52
CODES TO SPECIFY TYPE OF CHEMICAL
IDENTIFYING NUMBER—Continued

(2) Company and plant site information.
The following company and plant site
information must be reported for each
site at which at least 25,000 lbs. (11,340
kg) of a reportable chemical substance
is manufactured (including imported)
during calendar year 2005 or during the
calendar year at 5–year intervals thereafter (see § 710.48(b) for the ‘‘site’’ for
importers):
(i) The name of a person who will
serve as technical contact for the submitter company, and who will be able
to answer questions about the information submitted by the company to
EPA, the company name and Dun and
Bradstreet Number, the contact person’s full mailing address, the contact
person’s telephone number and the contact person’s e-mail address.
(ii) The name and full street address
of each site. A submitter under this
subpart must include the appropriate
Dun and Bradstreet Number for each
plant site reported, and the county or
parish (or other jurisdictional indicator) in which the plant site is located.
(3) Specific information for chemicals
manufactured in amounts of 25,000 lbs. or
more. The following chemical-specific
information must be reported for each
reportable chemical substance manufactured at (including imported into)
each site in amounts of 25,000 lbs.
(11,340 kg) or more during calendar
year 2005 or during the calendar year at
5–year intervals thereafter:
(i) The specific chemical name and
CAS Number of each reportable chemical substance at each site. A submitter under this subpart may use an
EPA-designated Accession Number for
confidential
substances,
or
a
premanufacture notice (PMN) case
number (see § 720.65 of this chapter) in
lieu of a CAS Number when a CAS
Number is not known to or reasonably
ascertainable by the submitter. In addition to reporting the number itself,
submitters must specify the type of
number they are reporting by selecting
from among the following codes:

Codes
P ......................

Codes

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PMN Number

(ii) A statement indicating, for each
reportable chemical substance at each
site, whether the substance is manufactured in the United States, imported
into the United States, or both manufactured in the United States and imported into the United States.
(iii) A designation indicating, for
each reportable chemical substance at
each site, whether the substance is
site-limited.
(iv) The total volume (in pounds) of
each reportable chemical substance
manufactured and imported at each
site. The total manufactured volume
(not including imported volume) and
the total imported volume must be separately reported. This amount must be
reported to two significant figures of
accuracy provided that the reported
figures are within ±10% of the actual
volume.
(v) The total number of workers reasonably likely to be exposed to each reportable chemical substance at each
site. For each reportable substance at
each site, the submitter must select
from among the ranges of workers listed in the following table and report the
corresponding code (i.e., W1 through
W8):
CODES FOR REPORTING NUMBER OF WORKERS
REASONABLY LIKELY TO BE EXPOSED
Codes
W1
W2
W3
W4
W5
W6
W7
W8

Range

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

Less than 10 workers
At least 10 but less than 25 workers
At least 25 but less than 50 workers
At least 50 but less than 100 workers
At least 100 but less than 500 workers
At least 500 but less than 1,000 workers
At least 1,000 but less than 10,000 workers
At least 10,000 workers

(vi) The maximum concentration,
measured by percentage of weight, of
each reportable chemical substance at
the time it is sent off-site from each
site. If the chemical is site-limited,
you must report the maximum concentration, measured by percentage of
weight, of the reportable chemical substance at the time it is reacted on-site

CODES TO SPECIFY TYPE OF CHEMICAL
IDENTIFYING NUMBER
Number Type

A ......................
C .....................

Number Type

Accession Number
CAS Registry Number

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§ 710.52

40 CFR Ch. I (7–1–08 Edition)
(c)(4) of this section must report the information described in paragraphs
(c)(4)(i) and (c)(4)(ii) of this section for
each reportable chemical substance at
sites under their control and at sites
that receive a reportable chemical substance from the submitter directly or
indirectly (including through a broker/
distributor, from a customer of the
submitter, etc.). Information reported
in response to this paragraph must be
reported only to the extent that it is
readily obtainable by the submitter.
Information required to be reported
under this paragraph is limited to domestic (i.e., within the custom territory of the United States) processing
and use activities. If information responsive to a given data requirement
under this paragraph, including information in the form of an estimate, is
not readily obtainable, the submitter is
not required to respond to the requirement.
(i) Industrial processing and use information. (A) A designation indicating
the type of industrial processing or use
operation(s) at each site that receives a
reportable substance from the submitter site directly or indirectly
(whether the recipient site(s) are controlled by the submitter site or not).
For each chemical substance, report
the letters which correspond to the appropriate processing or use operation(s). A particular designation may
need to be reported more than once, to
the extent that a submitter reports
more than one NAICS code (under
paragraph (c)(4)(i)(B) of this section)
that applies to a given designation
under this paragraph.

to produce a different chemical substance. This information must be reported regardless of the physical
form(s) in which the substance is sent
off-site/reacted on-site. For each substance at each site, select the maximum concentration of the substance
from among the ranges listed in the
following table and report the corresponding code (i.e., M1 through M5):
CODES FOR REPORTING MAXIMUM
CONCENTRATION OF CHEMICAL SUBSTANCE
Codes
M1
M2
M3
M4
M5

Concentration Range (% weight)

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

Less than 1% by weight
From 1 to 30% by weight
From 31 to 60% by weight
From 61 to 90% by weight
Greater than 90% by weight

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(vii) The physical form(s) of the reportable chemical substance as it is
sent off-site from each site. If the
chemical is site-limited, you must report the physical form(s) of the reportable chemical substance at the time it
is reacted on-site to produce a different
chemical substance. For each substance at each site, the submitter must
report as many physical forms as apply
from among the physical forms listed
below:
(A) Dry powder.
(B) Pellets or large crystals.
(C) Water- or solvent-wet solid.
(D) Other solid.
(E) Gas or vapor.
(F) Liquid.
(viii) Submitters must report the percentage, rounded off to the closest 10%,
of total production volume of the reportable chemical substance, reported
in response to paragraph (c)(3)(iv) of
this section, that is associated with
each physical form reported under
paragraph (c)(3)(vii) of this section.
(4) Specific information for chemical
substances manufactured in amounts of
300,000 lbs. or more. In addition to the
information required under paragraphs
(c)(1), (c)(2), and (c)(3) of this section,
the following information must be reported for each reportable chemical
substance manufactured (including imported) in an amount of 300,000 lbs.
(136,077 kg) or more at any one site during calendar year 2005 or during the
calendar year at 5–year intervals thereafter. Persons subject to paragraph

Designation

Operation

PC ..................
PF ..................

Processing as a reactant
Processing - incorporation into formulation,
mixture or reaction product
Processing - incorporation into article
Processing - repackaging
Use - non-incorporative activities

PA ..................
PK ..................
U ....................

(B) The five-digit North American Industrial Classification System (NAICS)
codes which best describe the industrial activities associated with each industrial processing or use operation reported under paragraph (c)(4)(i)(A) of
this section. Information about how to
find these codes is provided in the instruction booklet available from EPA

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Environmental Protection Agency

§ 710.52
CODES FOR REPORTING INDUSTRIAL FUNCTION
CATEGORIES—Continued

at the address set forth in § 710.59. A
particular NAICS code may need to be
reported more than once, to the extent
that a submitter reports more than one
industrial function code (under paragraph (c)(4)(i)(C) of this section) that
applies to a given NAICS code under
this paragraph.
(C) For each NAICS code reported
under paragraph (c)(4)(i)(B) of this section, code(s) from the following list
must be selected to designate the industrial function category(ies) that
best represents the specific manner in
which the chemical substance is used.
A particular industrial function category may need to be reported more
than once, to the extent that a submitter reports more than one industrial processing or use operation/
NAICS code combination (under paragraphs (c)(4)(i)(A) and (c)(4)(i)(B) of this
section) that applies to a given industrial function category under this paragraph. If more than 10 unique combinations of industrial processing or use operations/NAICS codes/industrial function categories apply to a chemical
substance, submitters need only report
the 10 unique combinations for the
chemical substance that cumulatively
represent the largest percentage of the
submitter’s production volume for that
chemical, measured by weight.

U01
U02
U03
U04
U05
U06
U07
U08
U09
U10
U11
U12
U13
U14
U15
U16
U17
U18
U19
U20
U21
U22

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U23 .................
U24 .................

U25 .................

Process regulators, other than polymerization or vulcanization processes
Reducing agents
Solvents (for cleaning or degreasing)
Solvents (which become part of product formulation or mixture)
Solvents (for chemical manufacture and
processing and are not part of product at
greater than one percent by weight)
Stabilizers
Surface active agents
Viscosity adjustors
Other

U29 .................

U30
U31
U32
U33

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

(D) The estimated percentage, rounded off to the closest 10%, of total production volume of the reportable chemical substance associated with each
combination of industrial processing or
use operation, NAICS code and industrial function category. Where a particular combination of industrial processing or use operation, NAICS code
and industrial function category accounts for 5% or less of the submitter’s
site’s total production volume of a reportable chemical substance, the percentage must not be rounded off to zero
% if the production volume attributable to that industrial processing or
use operation, NAICS code and industrial function category combination is
300,000 lbs. (136,077 kg) or more during
the reporting year. Instead, in such a
case, submitters must report the percentage, rounded off to the closest 1%,
of the submitter’s site’s total production volume of the reportable chemical
substance associated with the particular combination of industrial processing or use operation, NAICS code
and industrial function category.
(E) For each combination of industrial processing or use operation,
NAICS code and industrial function
category, the submitter must estimate
the number of sites at which each reportable chemical substance is processed or used. For each combination associated with each substance, the submitter must select from among the
ranges of sites listed in the following
table and report the corresponding
code (i.e., S1 through S7):

Category

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

Category

U26 .................
U27 .................
U28 .................

CODES FOR REPORTING INDUSTRIAL FUNCTION
CATEGORIES
Codes

Codes

Adsorbents and absorbents
Adhesives and binding agents
Aerosol propellants
Agricultural chemicals (non-pesticidal)
Anti-adhesive agents
Bleaching agents
Coloring agents, dyes
Coloring agents, pigments
Corrosion inhibitors and anti-scaling agents
Fillers
Fixing agents
Flame retardants
Flotation agents
Fuels
Functional fluids
Intermediates
Lubricants
Odor agents
Oxidizing agents
pH-regulating agents
Photosensitive chemicals
Plating agents and metal surface treating
agents
Processing aid, not otherwise listed
Process regulators, used in vulcanization or
polymerization processes

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§ 710.52

40 CFR Ch. I (7–1–08 Edition)

CODES FOR REPORTING NUMBERS OF SITES
Codes
S1
S2
S3
S4
S5
S6
S7

CODES FOR REPORTING COMMERCIAL AND
CONSUMER PRODUCT CATEGORIES—Continued

Range

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

Codes

less than 10 sites
at least 10 but less than 25 sites
at least 25 but less than 100 sites
at least 100 but less than 250 sites
at least 250 but less than 1,000 sites
at least 1,000 but less than 10,000 sites
10,000 or more sites

C20 .................

CODES FOR REPORTING COMMERCIAL AND
CONSUMER PRODUCT CATEGORIES
Codes

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Category

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

Other

(B) Submitters must determine,
within each commercial and consumer
product category reported under paragraph (c)(4)(ii)(A) of this section,
whether any amount of each reportable
chemical substance manufactured (including imported) by the submitter is
present in (for example, a plasticizer
chemical used to make pacifiers) or on
(for example, as a component in the
paint on a toy) any consumer products
intended for use by children up to the
age of 14, regardless of the concentration of the substance remaining in or
on the product. Submitters must select
from the following options: the chemical substance is used in or on any consumer products intended for use by
children, the chemical substance is not
used in or on any consumer products
intended for use by children, or information as to whether the chemical substance is used in or on any consumer
products intended for use by children is
not readily obtainable.
(C) The estimated percentage, rounded off to the closest 10%, of the submitter’s site’s total production volume of
the reportable chemical substance associated with each commercial and
consumer product category. Where a
particular commercial and consumer
product category accounts for 5% or
less of the total production volume of a
reportable chemical substance, the percentage must not be rounded off to zero
% if the production volume attributable to that commercial and consumer product category is 300,000 lbs.
(136,077 kg) or more during the reporting year. Instead, in such a case, submitters must report the percentage,
rounded off to the closest 1%, of the
submitter’s site’s total production volume of the reportable chemical substance associated with the particular
commercial and consumer product category.
(D) Where the reportable chemical
substance is used in commercial or

(F) For each combination of industrial processing or use operation,
NAICS code and industrial function
category, the submitter must estimate
the number of workers reasonably likely to be exposed to each reportable
chemical substance. For each combination associated with each substance,
the submitter must select from among
the worker ranges listed in paragraph
(c)(3)(v) of this section and report the
corresponding code (i.e., W1 though
W8).
(ii) Commercial and consumer use information. (A) Using the codes listed in
this paragraph, submitters must designate the commercial and consumer
product category or categories that
best describe the commercial and consumer products in which each reportable chemical substance is used
(whether the recipient site(s) are controlled by the submitter site or not). If
more than 10 codes apply to a chemical
substance, submitters need only report
the 10 codes for the chemical substance
that cumulatively represent the largest percentage of the submitter’s production volume for that chemical,
measured by weight:

C01
C02
C03
C04
C05
C06
C07
C08
C09
C10
C11
C12
C13
C14
C15
C16
C17
C18
C19

Category

Adhesives and sealants
Agricultural products (non-pesticidal)
Artists’ supplies
Automotive care products
Electrical and electronic products
Fabrics, textiles and apparel
Glass and ceramic products
Lawn and garden products (non-pesticidal)
Leather products
Lubricants, greases and fuel additives
Metal products
Paints and coatings
Paper products
Photographic supplies
Polishes and sanitation goods
Rubber and plastic products
Soaps and detergents
Transportation products
Wood and wood furniture

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Environmental Protection Agency

§ 710.58
are involved in a particular import
transaction and each person meets the
Agency’s definition of ‘‘importer’’ as
set forth in § § 710.3 and 704.3 of this
chapter, they may determine among
themselves who should submit the required report; if no report is submitted
as required under this part, EPA will
hold each such person liable for failure
to report.

consumer products, the estimated typical maximum concentration, measured by weight, of the chemical substance in each commercial and consumer product category reported under
paragraph (c)(4)(ii)(A) of this section.
For each substance in each commercial
and consumer product category reported under paragraph (c)(4)(ii)(A) of
this section, submitters must select
from among the ranges of concentrations listed in the table in paragraph
(c)(3)(vi) of this section and report the
corresponding code (i.e., M1 through
M5).

§ 710.57 Recordkeeping requirements.
Each person who is subject to the reporting requirements of this subpart
must retain records that document any
information reported to EPA. Records
relevant to reporting during a submission period must be retained for a period of 5 years beginning on the last
day of the submission period. Submitters are encouraged to retain their
records longer than 5 years to ensure
that past records are available as a reference when new submissions are being
generated.

[68 FR 890, Jan. 7, 2003, as amended at 69 FR
40791, July 7, 2004; 70 FR 75069, Dec. 19, 2005;
71 FR 52498, Sept. 6, 2006]

§ 710.53

When to report.

All information reported to EPA in
response to the requirements of this
subpart must be submitted during an
applicable submission period. The first
submission period is from August 25,
2006, to March 23, 2007. Subsequent recurring submission periods are from
June 1 to September 30 at 5–year intervals after the first submission period.
Any person described in § 710.48(a) must
report during each submission period
for each chemical substance described
in § 710.45 that the person manufactured (including imported) during the
preceding calendar year (i.e., the ‘‘reporting year’’).

[70 FR 75070, Dec. 19, 2005]

§ 710.58 Confidentiality.
(a) Any person submitting information under this subpart may assert a
business confidentiality claim for the
information at the time it is submitted. These claims will apply only to
the information submitted with the
claim. New confidentiality claims, if
necessary, must be asserted with regard to information submitted during
the next submission period. Guidance
for asserting confidentiality claims is
provided in the instruction booklet
identified
in
§ 710.59.
Information
claimed as confidential in accordance
with this section will be treated and
disclosed in accordance with the procedures in part 2 of this chapter.
(b) Chemical identity. A person may
assert a claim of confidentiality for the
chemical identity of a specific chemical substance only if the identity of
that substance is treated as confidential in the Master Inventory File as of
the time the report is submitted for
that substance under this subpart. The
following steps must be taken to assert
a claim of confidentiality for the identity of a reportable chemical substance:
(1) The submitter must submit with
the report detailed written answers to

[70 FR 75069, Dec. 19, 2005, as amended at 71
FR 76206, Dec. 20, 2006]

§ 710.55

Duplicative reporting.

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(a) With regard to section 8(a) rules.
Any person subject to the requirements
of this part who previously has complied with reporting requirements of a
rule under section 8(a) of the Act by
submitting the information described
in § 710.52 for a chemical substance described in § 710.45 to EPA, and has done
so within 1 year of the start of a submission period described in § 710.53, is
not required to report again on the
manufacture of that substance at that
site during that submission period.
(b) With regard to importers. This part
requires that only one report be submitted on each import transaction involving a chemical substance described
in § 710.45. When two or more persons

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§ 710.58

40 CFR Ch. I (7–1–08 Edition)

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the following questions signed and
dated by an authorized official.
(i) What harmful effects to your competitive position, if any, do you think
would result from the identity of the
chemical substance being disclosed in
connection with reporting under this
subpart? How could a competitor use
such information? Would the effects of
disclosure be substantial? What is the
causal relationship between the disclosure and the harmful effects?
(ii) How long should confidential
treatment be given? Until a specific
date, the occurrence of a specific event,
or permanently? Why?
(iii) Has the chemical substance been
patented? If so, have you granted licenses to others with respect to the
patent as it applies to the chemical
substance? If the chemical substance
has been patented and therefore disclosed through the patent, why should
it be treated as confidential?
(iv) Has the identity of the chemical
substance been kept confidential to the
extent that your competitors do not
know it is being manufactured or imported for a commercial purpose by
anyone?
(v) Is the fact that the chemical substance is being manufactured (including imported) for a commercial purpose
available to the public, for example in
technical journals, libraries, or State,
local, or Federal agency public files?
(vi) What measures have been taken
to prevent undesired disclosure of the
fact that the chemical substance is
being manufactured (including imported) for a commercial purpose?
(vii) To what extent has the fact that
this chemical substance is manufactured (including imported) for commercial purposes been revealed to others?
What precautions have been taken regarding these disclosures? Have there
been public disclosures or disclosures
to competitors?
(viii) Does this particular chemical
substance leave the site of manufacture (including import) in any form,
e.g., as product, effluent, emission? If
so, what measures have been taken to
guard against the discovery of its identity?
(ix) If the chemical substance leaves
the site in a product that is available
to the public or your competitors, can

the substance be identified by analysis
of the product?
(x) For what purpose do you manufacture (including import) the substance?
(xi) Has EPA, another Federal agency, or any Federal court made any pertinent confidentiality determinations
regarding this chemical substance? If
so, please attach copies of such determinations.
(2) If any of the information contained in the answers to the questions
listed in paragraph (b)(1) of this section
is asserted to contain confidential business information, the submitter must
clearly identify the information that is
claimed confidential by marking the
specific information on each page with
a label such as ‘‘confidential business
information,’’ ‘‘proprietary,’’ or ‘‘trade
secret.’’
(c) Site identity. A submitter may assert a claim of confidentiality for a
site only if the linkage of the site with
a reportable chemical is confidential
and not publicly available. The following steps must be taken to assert a
claim of confidentiality for a site identity:
(1) The submitter must submit with
the report detailed written answers to
the following questions signed and
dated by an authorized official:
(i) Has site information been linked
with a chemical identity in any other
Federal, state or local reporting
scheme? For example, is the chemical
identity linked to a facility in a filing
under the Emergency Planning and
Community
Right-to-Know
Act
(EPCRA) section 311, namely through a
Material Safety Data Sheet (MSDS)? If
so, identify all such schemes. Was the
linkage claimed as confidential in any
of these instances?
(ii) What harmful effect, if any, to
your competitive position do you think
would result from the identity of the
site and the chemical substance being
disclosed in connection with reporting
under this subpart? How could a competitor use such information? Would
the effects of disclosure be substantial?
What is the causal relationship between the disclosure and the harmful
effects?
(2) If any of the information contained in the answers to the questions

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Environmental Protection Agency

§ 712.1
(4) By mail. Send a written request
for this information to the following
address: TSCA Hotline, Mail Code
7408M, ATTN: Inventory Update Reporting, Office of Pollution Prevention
and Toxics, U.S. Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–0001.

listed in paragraph (c)(1) of this section
is asserted to contain confidential business information, the submitter must
clearly identify the information that is
claimed confidential by marking the
specific information on each page with
a label such as ‘‘confidential business
information,’’ ‘‘proprietary,’’ or ‘‘trade
secret.’’
(d) If no claim of confidentiality is
indicated on the reporting form submitted to EPA under this subpart, or if
confidentiality claim substantiation
required under paragraphs (b) and (c) of
this section is not submitted with the
reporting form, EPA may make the information available to the public without further notice to the submitter.

[71 FR 52498, Sept. 6, 2006]

PART 712—CHEMICAL
INFORMATION RULES
Subpart A—General Provisions
Sec.
712.1 Scope and compliance.
712.3 Definitions.
712.5 Method of identification of substances
for reporting purposes.
712.7 Report of readily obtainable information for subparts B and C.
712.15 Confidentiality.

[68 FR 890, Jan. 7, 2003, as amended at 69 FR
40791, July 7, 2004]

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§ 710.59 Availability of reporting form
and instructions.
(a) Use the proper EPA form. You must
use the EPA form identified as ‘‘Form
U’’ to submit written information in
response to the requirements of this
subpart. Instructions for obtaining copies of Form U are in paragraph (c) of
this section.
(b) Follow the reporting instructions.
You should follow the detailed instructions for completing and submitting an
electronic or hard copy report. Instructions given in the EPA publication titled, ‘‘Instructions for Reporting for
the 2006 Partial Updating of the TSCA
Chemical Inventory Database,’’ are
available as described in paragraph (c)
of this section. EPA encourages reporting sites subject to this part to submit
the required information to EPA electronically.
(c) Obtain the reporting package and
copies of the form. You can obtain the
reporting form or software, reporting
instructions, and other associated documents as follows:
(1) By website. Go to the EPA Inventory Update Reporting Internet home
page at http://www.epa.gov/oppt/iur and
follow the appropriate links. EPA encourages reporting sites subject to this
subpart to visit this home page.
(2) By phone. Call the EPA TSCA
Hotline at (202) 554–1404.
(3) By e-mail. Send an e-mail request
for this information to the EPA TSCA
Hotline at [email protected].

Subpart B—Manufacturers Reporting—
Preliminary Assessment Information
712.20 Manufacturers and importers who
must report.
712.25 Exempt manufacturers and importers.
712.28 Form and instructions.
712.30 Chemical lists and reporting periods.
AUTHORITY: 15 U.S.C. 2607(a).
SOURCE: 47 FR 26998, June 22, 1982, unless
otherwise noted.

Subpart A—General Provisions
§ 712.1 Scope and compliance.
(a) This part establishes procedures
for chemical manufacturers and processors to report production, use, and
exposure-related information on listed
chemical substances. Subpart A establishes requirements that apply to all
reporting under this part. Subpart B
covers manufacturers’ and processors’
reporting.
(b) Chemical substances, mixtures,
and categories of substances or mixtures which have been recommended by
the Interagency Testing Committee for
testing consideration by the Agency
but not designated for Agency response
within 12 months, will be added to
§ 712.30 using the procedure specified in
§ 712.30(c) only to the extent that the
total number of designated and recommended chemicals has not exceeded

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