March
2,
2004
Supporting
Statement
for
a
Request
for
OMB
Review
under
the
Paperwork
Reduction
Act
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
l(
a)
Title
of
the
Information
Collection
TITLE:
Chemical­
Specific
Rules,
Toxic
Substances
Control
Act
Section
8(
a)

EPA
ICR
No.:
1198.07
OMB
Control
No:
2070­
0067
1(
b)
Short
Characterization
This
information
collection
request
requires
OMB's
approval
for
the
continued
collection
of
chemical­
specific
information
under
section
8(
a)
of
the
Toxic
Substance
Control
Act
(
TSCA).
TSCA
section
8(
a)
authorizes
the
Administrator
of
the
EPA
to
promulgate
rules
that
require
persons
who
manufacture,
import
or
process
chemical
substances
and
mixtures,
or
who
propose
to
manufacture,
import,
or
process
chemical
substances
and
mixtures,
to
maintain
such
records
and
submit
such
reports
to
EPA
as
may
be
reasonably
required.
Information
that
may
be
collected
under
TSCA
section
8(
a)
includes,
but
is
not
limited
to,
chemical
names,
categories
of
use,
production
volume,
byproducts
of
chemical
production,
existing
data
on
deaths
and
environmental
effects,
exposure
data,
and
disposal
information.
These
data
are
collected
by
the
Office
of
Pollution
Prevention
and
Toxics
(
OPPT)
and
may
be
used
by
other
EPA
offices
and/
or
Federal
agencies
to
ensure
knowledge
of
specific
practices
that
may
affect
human
health
and
the
environment.

There
may
be
circumstances
when
EPA
may
require
different
information
than
is
readily
available
or
information
that
is
different
from
that
available
through
existing
regulatory
information
collection
tools,
like
the
TSCA
section
8(
a)
Preliminary
Assessment
Information
Rule
(
PAIR)
which
is
discussed
in
another
ICR
under
a
different
OMB
control
number.
EPA
promulgated
PAIR
on
June
22,
1982
(
see
40
CFR
Part
712).
Whenever
a
substance
is
added
to
the
PAIR,
manufacturers
and
importers
of
the
substance
are
required
to
complete
a
PAIR
report
form.
The
PAIR
report
requests
a
very
limited
amount
of
information
on
listed
chemicals
regarding
activities
occurring
over
a
specific
time
period.

Any
chemical
covered
by
TSCA
for
which
OPPT,
other
EPA
Offices
or
another
Federal
agency
has
a
reasonable
need
for
information,
and
which
cannot
be
satisfied
via
readily
available
sources
or
by
use
of
PAIR,
is
a
proper
potential
subject
for
a
chemical­
specific
TSCA
section
8(
a)
rulemaking.
For
instance
EPA
may
wish
to
ask
detailed
questions
in
regard
to
how
industry
oversees
the
use
and
production
of
a
chemical.
These
specific
monitoring
capabilities
could
allow
EPA
to
react
to
change
in
market
conditions
that
may
warrant
a
change
in
EPA's
regulatory
strategy.
Therefore,
EPA
could
promulgate
a
TSCA
section
8(
a)
rule
to
gather
this
information
by
requesting
that
current
or
potential
manufacturers,
importers
or
processors
of
the
substance
provide
chemicalspecific
information.
­
2­
EPA's
OPPT,
other
EPA
Offices
and/
or
other
Federal
agencies
will
generally
be
the
primary
groups
for
which
information
will
be
collected.
However,
to
the
extent
that
reported
information
is
not
considered
to
be
confidential
business
information
(
CBI),
environmental
groups,
environmental
justice
advocates,
state
and
local
government
entities
and
other
members
of
the
public
will
have
access
to
this
information
for
their
own
use.

Rather
than
requiring
respondents
to
submit
information
on
reporting
forms
such
as
those
used
for
PAIR,
EPA
has
in
the
past
allowed
individual
firms
to
choose
the
reporting
means
and
format
that
is
best
suited
to
their
recordkeeping
resources.
EPA
believes
that
for
TSCA
section
8(
a)
chemical­
specific
rules,
this
allowance
keeps
reporting
costs
low.

Total
annual
cost
of
a
rule
varies
depending
upon
the
number
of
chemicals
per
rule
and
the
number
of
respondents
per
chemical.
Based
on
the
recent
past
usage
of
chemical­
specific
TSCA
section
8(
a)
rules
and
expected
future
usage,
EPA
assumes
that
it
will
promulgate
one
TSCA
section
8(
a)
chemical­
specific
rule
with
four
respondents
(
notices)
per
year
for
the
three­
year
duration
of
the
ICR
(
see
Section
6(
b),
below).
The
maximum
total
annual
number
of
burden
hours
for
respondents
range
from
134
hours
to
594
hours
per
TSCA
section
8(
a)
chemical­
specific
rule.
The
maximum
cost
associated
with
the
promulgation
of
a
TSCA
section
8(
a)
chemical­
specific
rule
is
$
5,729
to
$
25,288.
However,
the
cost
per
respondent
varies
with
the
type
of
chemical­
specific
information
requested,
and
subsequently,
the
tasks
required
to
comply
with
a
TSCA
section
8(
a)
chemical­
specific
rule.
Because
all
respondents
may
not
have
to
provide
information
on
all
data
items
listed
(
see
Sections
3
and
6(
b),
below),
the
ranges
presented
above
are
maximums.
Assuming
that
all
respondents
do
not
have
to
complete
all
tasks
identified
to
comply
with
a
TSCA
section
8(
a)
chemical­
specific
rule,
total
annual
reporting
costs
to
all
respondents
range
from
$
2,822
to
$
11,702
per
rule.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
Generally,
EPA
may
need
chemical­
specific
information
under
TSCA
section
8(
a)
to
evaluate
the
potential
for
adverse
human
health
and
environmental
effects
caused
by
the
manufacture,
importation,
processing,
use
or
disposal
of
identified
chemical
substances
and
mixtures.
Additionally,
EPA
may
use
TSCA
section
8(
a)
information
to
assess
the
need
or
set
priorities
for
testing
and/
or
further
regulatory
action.

The
information
required
in
TSCA
section
8(
a)
chemical­
specific
rules
can
be
custom­
tailored
to
aid
in
achieving
EPA's
goals
of
protecting
human
health
and
the
environment.
Information
collected
may
vary
depending
on
the
substance,
its
current
and
potential
uses
and
EPA's
concerns
about
potential
human
or
environmental
risks
caused
by
exposures
to
the
substance.
Promulgated
TSCA
section
8(
a)
rules
may
require
persons
manufacturing,
importing
or
processing
the
chemical
substance
to
report
to
EPA
on
specific
information
such
as:
a
chemical's
composition,
byproducts,
quantity
produced,
employee
exposure
and
environmental
release.
Persons
have
in
the
past
also
been
required
to
notify
EPA
of
a
management
decision
to
initiate
the
manufacturing,
importing,
or
processing
of
a
chemical
substance
or
mixture.
­
3­
The
legal
authority
for
this
information
collection
is
TSCA
section
8(
a),
U.
S.
C.
2607(
a).
TSCA
section
8(
a)
chemical­
specific
rules
have
been
codified
at
40
CFR
704,
subpart
B.

2(
b)
Use/
Users
of
the
Data
EPA
will
use
the
information
obtained
through
the
TSCA
section
8(
a)
reporting
rules
to
satisfy
specifically
identified
data
needs.
The
information
collected
will
be
relevant
to
risk
identification,
all
stages
of
risk
assessment,
and/
or
control
action
functions.
Receipt
of
TSCA
section
8(
a)
information
may
also
give
the
Agency
an
opportunity
to
work
with
the
respondent,
if
necessary,
to
minimize
exposure
risks
associated
with
specific
uses.
Generally,
a
specific
information
collection
request
would
be
made
by
the
Chemical
Control
Division,
Chemical
Management
Division,
or
the
Chemical
Screening
and
Risk
Assessment
Division
in
OPPT.
However,
other
regulatory
agencies
and
departments,
such
as
Occupational
Safety
and
Health
Administration
(
OSHA),
the
Food
and
Drug
Administration
(
FDA),
and
other
members
of
the
Interagency
Testing
Committee
(
ITC)
may
also
present
a
need
for
and
subsequently
use
TSCA
section
8(
a)
data
to,
for
example,
assess
worker
or
consumer
exposures.

An
example
of
a
use
of
a
TSCA
section
8(
a)
chemical­
specific
rule
that
was
key
in
affecting
a
benefit
to
human
health
was
1,1­
aminoundecanoic
acid
(
1,1­
AA).
From
submitted
TSCA
section
8(
e)
"
substantial
risk"
reports,
EPA
discovered
that
1,1­
AA
is
a
carcinogen
in
one
sex
of
one
rodent
species
(
male
rat),
and
that
exposure
is
limited
to
workers
producing
the
nylon
in
which
the
chemical
is
an
ingredient.
The
manufacturer
was
contacted
to
obtain
exposure
data
for
this
chemical.
From
this
contact
EPA
learned:
(
1)
1,1­
AA
was
imported
and
converted
into
nylon
by
one
company
and
there
was
no
domestic
manufacture;
(
2)
1,1­
AA
was
handled
and
transferred
in
a
closed
system
and
all
1,1­
AA
was
converted
during
the
reaction
to
produce
nylon.
Consequently,
because
of
limited
exposure
potential,
1,1­
AA
was
dropped
from
further
review.
However,
concern
would
arise
if
1,1­
AA
were
to
be
manufactured
domestically
because
of
the
greater
likelihood
for
worker
exposure.
To
alert
EPA
to
domestic
manufacture,
on
May
28,
1987,
OPPT
promulgated
a
TSCA
section
8(
a)/
5
(
SNUR)
rule
for
1,1­
AA
(
52
FR
19860)
.
Users
of
TSCA
section
8(
a)
chemical­
specific
data
rarely
make
a
judgment
based
solely
on
the
content
of
the
TSCA
section
8(
a)
information
received
but
rather
use
the
TSCA
section
8(
a)
chemical­
specific
information
as
part
of
the
larger
risk
management
strategy.
1,1­
AA
TSCA
section
8(
a)
information
would
be
instrumental
in
affecting
a
benefit
to
human
health
if
a
company
were
to
begin
to
manufacture
the
substance.

3.
NON­
DUPLICATION,
CONSULTATION,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Non­
Duplication
Section
8(
a)(
2)
of
TSCA
states,
"
To
the
extent
feasible,
the
Administrator
shall
not
require
any
reporting
which
is
unnecessary
or
duplicative."
The
reporting
requirements
of
TSCA
section
8(
a)
rules
only
require
information
that
EPA
believes
will
assist
in
a
reasoned
evaluation
of
the
human
health
and
environmental
effects
of
chemical
substances
and
mixtures.
This
information
is
unlikely
to
be
duplicative
since,
(
1)
EPA
estimates
that
each
rule
will
generate
only
a
few
notices,
(
2)
the
information
required
by
the
TSCA
section
8(
a)
rule
is
unique
to
the
manufacturer,
importer
or
processor
(
e.
g.,
the
proposed
date
of
production
or
importation,
the
amount
produced
or
imported,
­
4­
the
chemical
composition,
and
uses
of
the
chemical
substance
or
mixture),
and
(
3)
EPA
thoroughly
checks
other
public
and
unpublished
sources
to
see
if
the
required
data
may
already
be
available.
Finally,
once
EPA
became
aware
of
a
source
of
substantially
similar
information,
for
example
via
comments
on
a
proposed
rule,
EPA
would
not
continue
with
the
information
collection.

3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
In
proposing
to
renew
this
ICR,
EPA
provided
a
60­
day
public
notice
and
comment
period
that
ended
on
February
13,
2004
(
68
FR
69680,
December
15,
2003
).
EPA
received
no
comments
during
the
comment
period.

3(
c)
Consultations
EPA
has
not
published
a
proposed
or
final
TSCA
section
8(
a)
chemical­
specific
information
gathering
rule
for
more
than
fifteen
years
and,
therefore,
has
received
no
comments
since
that
time.
EPA
has
received
comments
on
the
use
of
TSCA
section
8(
a)
reporting
rules
through
published
Federal
Register
notices.
Various
organizations
responded
to
EPA's
request
for
comments
during
the
1985
to
1988
ICR
period.
For
example,
the
Agency
originally
proposed
a
SNUR
for
4,4,1­
methylenebis
(
2­
chloroaniline)
(
MBOCA)
but
public
comments
received
in
July
and
August
of
1986
on
the
proposed
SNUR
suggested
that
a
TSCA
section
8(
a)
rule
would
be
more
appropriate.
This
suggestion
was
followed,
reducing
the
burden
on
the
public
since
the
TSCA
section
8(
a)
rule
exempted
small
manufacturers,
whereas
the
proposed
SNUR
would
not
have
had
this
exemption.

Also,
after
receiving
public
comment
on
the
proposed
SNUR/
8(
a)
rule
for
1,1­
aminoundecanoic
acid
(
July
22,
1986),
the
proposed
definition
of
the
term
"
enclosed
process"
was
modified
to
account
for
possible
releases
through
emergency
pressure
relief,
thus
expanding
the
number
of
processes
that
would
be
considered
"
enclosed"
and
lessening
compliance
costs.

The
Natural
Resources
Defense
Council
(
NRDC)
has
also
responded
to
several
TSCA
section
8(
a)
chemical­
specific
rules.
The
NRDC
is
a
national
nonprofit
environmental
organization
dedicated
to
the
protection
of
human
health
and
the
environment.
The
NRDC
generally
urges
EPA
to
adopt
a
more
extensive,
detailed
set
of
information
requirements.

3(
d)
Effects
of
Less
Frequent
Collection
Generally
companies
are
required
to
report
only
once
under
a
TSCA
section
8(
a)
reporting
rule.
EPA
may
consider
requiring
reporting
on
an
annual,
semiannual,
monthly
or
other
basis
if
the
Administrator
deems
this
necessary
to
protect
human
health
and
the
environment.
EPA
tailors
each
rule
to
meet
chemical­
specific
data
requirements,
thus
reducing
the
potential
for
too
frequent
data
collections.

3(
e)
General
Guidelines
This
information
collection
activity
is
necessary
to
implement
the
statutory
requirements
of
section
8(
a)
of
TSCA
and
is
consistent
with
the
requirements
of
5
CFR
1320.6.
­
5­
3(
f)
Confidentiality
Submitters
may
designate
information
as
confidential,
trade
secret
or
proprietary.
EPA
has
implemented
procedures
to
protect
any
confidential,
trade
secret
or
proprietary
information
from
disclosure.
These
procedure
comply
with
EPA's
confidentiality
regulation,
40
CFR
Part
2,
Subpart
B.

3(
g)
Sensitive
Questions
This
section
is
not
applicable.
TSCA
section
8(
a)
reporting
rules
do
not
include
any
questions
of
a
sensitive
nature.

4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents/
North
American
Industrial
Classification
System
(
NAICS)
Codes
Respondents
affected
by
this
collection
activity
primarily
include
those
businesses
that
fall
under
NAICS
codes
325,
Chemical
Manufacturers
and
Processors,
and
324110,
Petroleum
Refineries.

4(
b)
Information
Requested
4(
b)(
i)
Data
Items
Section
8(
a)
of
TSCA
specifically
lists
a
wide
range
of
data
items
that
may
be
required
by
EPA,
including
information
on
use,
production
volume,
exposure,
and
health
and
safety.
Data
items
requested
of
manufacturers,
importers,
or
processors
of
certain
chemicals
vary
with
each
collection
request,
but
will
not
repeat
information
previously
requested
in
the
PAIR
or
other
information
gathering
tools.
Some
data
items
requested
under
TSCA
section
8(
a)
chemical­
specific
rules
in
the
past
include:
notification
and
description
of
changes
in
the
end
use
of
identified
substances
and
mixtures,
information
on
planned
manufacturing
and
on­
site
processing,
and
notification
of
changes
to
the
method
of
manufacturing
the
substance
(
see
40
CFR
subpart
B).

An
example
of
a
past
TSCA
section
8(
a)
chemical­
specific
rule
is
one
issued
on
4,4,1­
methylenebis
(
2­
chloroaniline)
(
MBOCA).
It
required
persons
who
propose
to
manufacture
MBOCA
to
notify
EPA
of
that
intent
and
to
submit
information
on
their
planned
manufacturing
and
on­
site
processing
activities.
The
rule
also
required
persons
who
are
manufacturing
MBOCA
to
notify
the
Agency
if
they
propose
to
alter
their
manner
or
method
of
manufacturing
the
substance.

4(
b)(
ii)
Respondent
Activities
Activities
a
respondent
may
be
required
to
perform
as
a
result
of
TSCA
section
8(
a)
chemicalspecific
rule
are
as
follows:

9
to
29.5
Hours
of
Managerial
Labor
­
6­
­
Identify
listed
chemicals;
­
Assign
principal
technical
contact
person;
­
Identify
by­
product;
­
Review
marketing
data;
­
Research
the
date
of
the
initiation
of
manufacture
or
importation
of
the
chemical;
­
Research
occupational
exposure,
environmental
release,
health
and
environmental
data,
disposal
methods;
and
­
Process,
compile,
and
review
information
for
accuracy,
substantiate
a
claim
of
confidential
business
information.

17.5
to
98
Hours
of
Technical
Labor
­
Identify
chemical
and
trade
name
and
chemical
composition;
­
Identify
by­
product;
­
Describe
use
of
chemical;
­
Report
quantity
manufactured
or
imported;
­
Research
workplace
exposures,
environmental
releases,
health
and
environmental
data,
and
disposal
methods;
and
­
Provide
occupational
description.

7
to
21
Hours
of
Clerical
Labor
­
Format
research
on
occupational
exposures,
environmental
releases,
health
and
environmental
data;
­
Format
attachments;
and
­
Prepare
notice.

Recordkeeping
Estimate
TSCA
section
8(
a)
chemical­
specific
rules
may
contain
recordkeeping
requirements.
The
recordkeeping
estimate
is
rough,
but
it
is
reasonably
related
to
the
maximum
reporting
burden.
EPA
estimates
that
recordkeeping
will
account
for
approximately
five
percent
of
the
reporting
burden,
or
a
maximum
of
12
hours
(
see
Table
2.)

5.
THE
INFORMATION
COLLECTED
­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
Inventory
For
any
TSCA
section
8(
a)
chemical­
specific
rule
the
Agency
would
have
to
perform
a
number
of
tasks.
They
are:


Industry/
Public
Assistance
(
answering
questions
regarding
rule)


Data
Processing
and
System
Support
Personnel

Storage
and
Distribution
­
7­

Compliance
Monitoring
5(
b)
Collection
Methodology
and
Management
An
improved
information
technology
to
minimize
burden
of
a
TSCA
section
8(
a)
chemicalspecific
rule
has
not
been
found.
EPA
has
not
been
able
to
identify
a
more
efficient,
less
expensive,
or
more
flexible
means
of
obtaining
the
required
data
than
the
one
currently
being
used.
To
the
extent
data
are
not
CBI,
all
information
collected
is
made
available
to
the
public
through
the
public
docket
office.
At
the
present
time,
EPA
is
not
requiring
firms
to
submit
this
information
on
one
standard
reporting
form.
Reporting
facilities
will
be
able
to
choose
the
format
that
best
suits
their
reporting
resources.
TSCA
section
8(
a)
chemical­
specific
rules
typically
require
one­
time
reporting.
As
future
data
needs
arise,
EPA
will
consider
the
use
of
electronic
or
other
types
of
reporting
methods.
EPA
believes
the
flexibility
already
allowed
in
the
reporting
structure
significantly
eases
burden.

5(
c)
Small
Entity
Flexibility
Section
8(
a)
of
TSCA
generally
exempts
small
manufacturers
and
processors.
However,
under
TSCA
section
8(
a)(
3),
EPA
may
require
small
manufacturers
and
processors
to
report
or
keep
records
if
the
substance
or
mixture
is
subject
to
a
rule
proposed
or
promulgated
under
TSCA
sections
4,
5(
b)(
4),
or
6
or
with
respect
to
which
relief
has
been
granted
pursuant
to
a
civil
action
brought
under
sections
5
or
7
of
TSCA.
All
respondents
to
TSCA
section
8(
a)
chemical­
specific
rules,
including
small
businesses,
are
granted
flexibility
in
their
reporting
methods.

5(
d)
Collection
Schedule
TSCA
section
8(
a)
chemical­
specific
rules
are
generally
one­
time
collections
of
specific
information,
usually
regarding
one
chemical
substance.
Proposed
TSCA
section
8(
a)
chemicalspecific
rules
request
comments.
The
comments
are
then
addressed
and
incorporated
as
appropriate
in
the
final
rule,
which
specifies
the
reporting
deadline.
Generally,
EPA
requires
that
information
be
reported
no
sooner
than
30
days
after
the
effective
date
of
a
final
rule.

6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
Estimating
Respondent
Burden
Wage
rates
including
fringe
benefits
and
overhead
for
three
broad
categories
of
labor
(
managerial,
technical,
and
clerical)
were
used
in
this
analysis.
The
labor
categories
and
methods
for
estimating
loaded
wage
rates
were
developed
during
previous
studies.
The
basis
for
estimating
wage
rates
for
these
purposes
is
the
Bureau
of
Labor
Statistics
(
BLS)
December
2002
wage
data
for
comparable
labor
categories
in
all
goods­
producing
private
industries
(
released
March
18,
2003).
The
managerial
wage
rates
are
taken
from
the
BLS
data
for
the
executive,
administrative
and
managerial
occupational
group.
The
technical
wage
rates
are
taken
from
BLS
data
for
the
professional
specialty
and
technical
occupational
group.
The
clerical
wage
rates
are
taken
from
the
BLS
data
for
the
administrative
support
(
including
clerical)
occupational
group.
Based
on
that
BLS
data,
the
average
­
8­
hourly
wage
rates
are
$
33.09
for
managerial
personnel,
$
27.00
for
technical
personnel,
and
$
14.89
for
clerical
personnel,
all
in
December
2002
dollars.

The
benefits
and
overhead
loading
factors
are
calculated
from
the
BLS
data
on
the
cost
of
benefits,
with
17
percent
of
the
average
wage
added
for
overhead.
The
overhead
factor
of
17
percent
is
based
on
information
provided
by
the
chemical
industry
and
chemical
industry
trade
associations.
The
loaded
hourly
wage
rates
are
$
53.27
for
managerial
personnel,
$
43.34
for
technical
personnel,
and
$
23.96
for
clerical
personnel,
all
in
2002
dollars,
as
shown
in
Table
1.

Table
1:
Loaded
Hourly
Wage
Rates
by
Labor
Category
Labor
Category
December
2002
Average
Wages
December
2002
Benefits
and
Overhead
Loading
Factor
December
2002
Loaded
Hourly
Rate
Managerial
$
33.09
1.610
$
53.27
Technical
$
27.00
1.605
$
43.34
Clerical
$
14.89
1.609
$
23.96
Sources:
U.
S.
Environmental
Protection
Agency,
2002.
Wage
Rates
for
Economic
Analyses
of
the
Toxics
Release
Inventory
Program.
Cody
Rice,
Analytical
Support
Branch,
Office
of
Environmental
Information.
June
10,
2002.
U.
S.
Department
of
Labor,
Bureau
of
Labor
Statistics,
2003.
Employer
Costs
for
Employee
Compensation
Historical
Listing
(
Quarterly),
2002.
March
18,
2003.

This
ICR
maintains
the
assumption
of
the
previous
ICR
that
an
average
of
four
notices
per
year
are
submitted
in
response
to
one
section
8(
a)
chemical­
specific
rule
per
year.
Current
labor
rates
and
burden
hours
used
to
calculate
cost
to
respondents
are
listed
below.

Labor
Category
Burden
Hours
Hourly
Rate
Managerial
9
to
29.5
$
53.27
Technical
17.5
to
98
$
43.34
Clerical
7
to
21
$
23.96
6(
b)
Estimating
Respondent
Costs
The
following
are
the
tasks
that
managers,
technical,
and
clerical
personnel
are
expected
to
perform
in
preparing
a
notice.
However,
as
discussed
at
the
end
of
this
section
and
presented
in
Table
2,
not
all
respondents
are
likely
to
be
required
to
perform
all
tasks
under
each
labor
category.
Therefore,
the
ranges
of
labor
hours
presented
below
for
each
labor
category
(
i.
e.,
9
to
29.5
hours
for
managers),
are
the
maximums,
and
are
based
on
the
assumption
that
all
tasks
are
performed
for
each
notice.

Managerial
Labor
1.
Manufacturer
identifies
listed
chemicals;
2.
Assign
principal
technical
contact
person;
3.
Identify
by­
product;
­
9­
4.
Review
marketing
data;
5.
Research
the
date
of
the
initiation
of
manufacture
or
importation
of
the
chemical;
6.
Research
occupational
exposure,
environmental
release,
health
and
environmental
data,
disposal
methods;
and
7.
Process,
compile,
and
review
information
for
accuracy,
substantiate
a
claim
of
confidential
business
information.

In
performing
these
tasks,
managerial
labor
hours
have
been
estimated
to
range
from
9.5
to
29.5
hours
per
TSCA
section
8(
a)
chemical­
specific
rule.
At
$
53.27
per
hour
for
management
labor
times
the
range
of
hours
predicted,
[$
53.27
x
(
9.5
to
29.5)],
the
range
of
cost
for
management
work
is
$
506
to
$
1,571
per
notice
resulting
from
a
TSCA
section
8(
a)
chemical­
specific
rule.
With
an
average
of
four
notices
per
year
for
the
three­
year
ICR
period,
the
range
of
costs
per
year
for
managerial
labor
is
[
4
x
($
506
to
$
1,571)]
=
$
2,024
to
$
6,286.

Technical
Labor
1.
Identify
chemical
and
trade
name
and
chemical
composition;
2.
Identify
by­
product;
3.
Describe
use
of
chemical;
4.
Report
quantity
manufactured
or
imported;
5.
Research
occupational
exposures,
environmental
releases,
health
and
environmental
data,
and
disposal
methods;
and
6.
Provide
occupational
description.

In
performing
these
tasks,
technical
labor
hours
have
been
estimated
to
range
from
17.5
to
98
hours
per
notice
resulting
from
a
TSCA
section
8(
a)
chemical­
specific
rule.
At
$
43.34
per
hour
for
technical
labor,
times
the
range
of
hours
predicted,
($
43.34
x
[
17.5
to
98]),
a
range
of
cost
for
technical
work
is
estimated
to
be
$
758
to
$
4,247
per
notice
resulting
from
a
TSCA
section
8(
a)
chemical­
specific
rule.
With
four
notices
per
year
for
a
three­
year
period,
the
range
of
annual
costs
for
technical
labor
is
[
4
x
($
758
to
$
4,247)]
=
$
3,034
to
$
16,989.

Clerical
Labor
1.
Format
research
on
occupational
exposure,
environmental
releases,
health
and
environmental
data;
2.
Format
attachments;
and
3.
Prepare
Notice.

In
performing
these
tasks,
clerical
labor
has
been
estimated
to
range
from
7
to
21
hours
per
notice
resulting
from
a
TSCA
section
8(
a)
chemical­
specific
rule.
At
$
23.96
per
hour
for
clerical
labor,
times
the
range
of
hours
predicted,
($
23.96
x
[
7
to
21]),
the
range
of
cost
for
clerical
work
is
estimated
to
be
$
168
to
$
503
per
notice
resulting
from
a
TSCA
section
8(
a)
chemical­
specific
rule.
With
four
notices
per
TSCA
section
8(
a)
chemical­
specific
rule,
the
range
of
costs
per
year
for
clerical
labor
is
[
4
x
($
168
to
$
503)]
=
$
671
to
$
2,013.

The
cost
to
a
respondent
for
filing
a
TSCA
section
8(
a)
notice
depends
upon
the
various
tasks
­
10­
performed.
These
tasks
could
include
gathering
the
required
data,
preparing
and
submitting
the
TSCA
section
8(
a)
notice,
and
possibly
keeping
records.
Based
on
promulgated
TSCA
section
8(
a)
rules,
EPA
estimates
that
each
respondent
will
submit
one
notice
per
TSCA
section
8(
a)
chemicalspecific
rule.
EPA
anticipates
issuing
one
TSCA
section
8(
a)
rule
per
year
and
expects
to
receive
an
average
of
four
notices
per
year.

The
cost
to
a
respondent
for
submitting
a
TSCA
section
8(
a)
notice
is
a
function
of
the
number
of
hours
and
the
hourly
labor
costs
for
the
individuals
developing
and
preparing
the
notice.
The
annual
estimated
range
of
cost
to
the
respondent
is
$
1,432
($
506
+
$
758
+
$
168)
to
$
6,322
($
1,571
+
$
4,247
+
$
503)
per
notice,
and
$
5,729
to
$
25,288
per
TSCA
section
8(
a)
chemical­
specific
rule
(
above
estimates
multiplied
by
four,
the
number
of
notices
expected
per
rule.)
However,
as
mentioned
above,
these
figures
are
likely
to
overstate
the
true
cost
because
not
all
respondents
may
be
required
to
supply
information
regarding
each
activity.
Thus,
the
average
actual
cost
to
the
respondent
will
be
lower
than
the
$
1,432
to
$
6,322
per
notice
estimate
calculated
above.
The
estimated
frequency
of
each
activity,
along
with
total
respondent
cost
and
burden
calculations,
is
presented
in
Table
2.
The
total
cost
to
all
respondents
of
reporting
under
a
TSCA
section
8(
a)
chemical­
specific
rule
is
estimated
to
range
from
$
2,822
to
$
11,701
per
year.
On
a
per
respondent
basis,
the
annual
cost
is
estimated
to
range
from
$
705
to
$
2,925
per
notice,
based
on
four
notices
per
year.

Table
2.
Total
Annual
Respondent
Burden
and
Costs
Associated
with
Preparing
and
Filing
a
TSCA
Section
8(
a)
Notice
Activity
Managerial
Hours
$
92.33/
hr
Technical
Hours
$
68.35/
hr
Clerical
Hours
$
27.24/
hr
Notices
Per
Year
Annual
Burden
Hours
Annual
Costs
Manufacturer
ID
and
Principal
Technical
Contact
1
­
4
4
4
­
16
$
213­$
852
Chemical
and
Trade
Name
1
­
4
3
3
­
12
$
130­$
520
Chemical
Composition
0.5
­
2
4
2
­
8
$
87­$
347
Byproduct
ID
1
1
­
4
2
4
­
10
$
193­$
453
Use
Description
1
­
4
4
4
­
16
$
173­$
693
Quantity
Manufactured
or
Imported
1
­
4
4
4
­
16
$
173­$
693
Marketing
Data
1
­
2
2
2
­
4
$
107­$
213
Date
of
Initiation
of
Manufacture
or
Importation
0.5
4
2
$
107
­
11­
Occupational
Exposure
1
­
4
2
­
16
1
­
3
2
8
­
46
$
328­$
1,957
Environmental
Release
1
­
4
1
­
8
1
­
3
2
6
­
30
$
241­$
1,263
Occupational
Description
1
­
10
1
1
­
10
$
43­$
433
Health
and
Environmental
Data
2
­
8
8
­
40
1­
3
1
11
­
51
$
477­$
2,232
Disposal
Methods
1
­
2
1
­
6
1
2
­
8
$
97­$
367
Attachments
2
­
6
1
2
­
6
$
48­$
144
Preparation
of
Notice
1
­
3
4
4
­
12
$
96­$
288
Managerial/
Legal
Review
of
Submission
1
­
4
4
4
­
16
$
213­$
852
Recordkeeping
1
­
3
4
4
­
12
$
96­$
288
TOTAL
9.5
­
29.5
17.5
­
98
7
­
21
67
­
275
$
2,822
­
$
11,702
6(
c)
Estimating
Agency
Burden
and
Cost
The
Agency
has
developed
the
following
burden
hour
estimates
for
activities
related
to
promulgating
a
section
8(
a)
Chemical
Specific
rule.

Activity
Burden
o
Industry/
Public
Assistance
0.1
FTE
(
answering
questions
regarding
the
rule)
o
Data
processing
and
systems
support
personnel
0.2
FTE
o
Storage
and
Distribution
0.1
FTE
o
Compliance
monitoring
0.1
FTE
Total
FTEs
0.5
FTE
The
Office
of
Pollution
Prevention
and
Toxics
bases
its
burden
hour
and
labor
cost
estimates
on
prior
experience
in
gathering
and
processing
information
associated
with
other
information
collections.
EPA
has
not
promulgated
a
TSCA
section
8(
a)
chemical­
specific
rule
in
the
past
12
years.
Because
Agency
activities
involve
a
team
approach,
the
Agency
has
used
a
composite
burden
hour
estimate
containing
workers
at
various
GS
levels
and
calculated
hourly
costs
based
upon
the
wage
rate
for
a
GS­
12
Step
1.
The
year
2003
annual
salary
for
a
GS­
12
Step
1
is
$
57,421.
The
cost
for
.5
FTE,
based
on
a
full­
time
work
year
of
2,080
hours,
is
$
28,710
(
the
hourly
wage
rate
is
$
27.61
x
1,040
hours).
Incorporating
an
overhead
and
benefits
factor
of
.6
yields
an
annual,
fully
loaded
cost
of
$
45,937
to
the
Agency
of
promulgating
and
supporting
a
TSCA
section
8(
a)
chemical­
specific
rule.
­
12­
6(
d)
Bottom
Line
Burden
Hours
and
Costs
The
following
table
displays
the
annual
burden
and
costs
borne
by
respondents
and
EPA,
respectively,
associated
with
preparing,
filing
and
reviewing
a
notice
resulting
from
a
TSCA
section
8(
a)
chemical­
specific
rule.

Table
3.
Annual
Burden
and
Cost
of
a
TSCA
Section
8(
a)
Chemical­
Specific
Rule
Annual
Burden
Hours
Annual
Costs
Industry
67
to
275
$
2,822
to
$
11,702
Agency
1,040
$
45,937
6(
e)
Reasons
for
Change
in
Burden
The
current
request
for
renewal
estimates
a
total
annual
burden
to
respondents
of
275
hours,
which
is
unchanged
from
the
previous
ICR
renewal.

EPA
anticipates
issuing
one
TSCA
section
8(
a)
chemical­
specific
rule
per
year
with
an
average
of
four
respondents
submitting
notices
per
rule.
EPA
may
promulgate
more
than
one
TSCA
section
8(
a)
chemical­
specific
rule
per
year
over
the
next
three
years.
If
EPA
does
this,
the
Agency
will
submit
a
technical
amendment
to
OMB
to
reflect
the
change
in
estimated
burden
to
the
regulated
industry
and
the
government.

6(
f)
Burden
Statement
The
public
burden
for
this
collection
of
information
is
estimated
to
average
68.8
hours
per
response
(
one­
quarter
of
the
maximum
annual
burden
of
275
hours
for
four
notices).
Of
the
68.8
hours,
65.8
hours
are
associated
with
reporting
tasks
such
as
reviewing
instructions,
gathering
the
data
needed,
and
completing
and
reviewing
the
collection
of
information.
The
remaining
three
hours
are
associated
with
recordkeeping.
Burden
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
This
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
An
Agency
may
not
conduct
or
sponsor
such
a
request,
and
a
person
or
facility
is
not
required
to
respond
to
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
in
title
40
of
the
CFR,
after
appearing
in
the
Federal
Register,
are
listed
in
40
CFR
part
9
and
included
on
the
related
collection
instrument
or
form,
if
applicable.

To
comment
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
the
use
of
­
13­
automated
collection
techniques,
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
No.
OPPT­
2003­
0066,
which
is
available
for
public
viewing
at
the
Pollution
Prevention
and
Toxics
Docket
in
the
EPA
Docket
Center
(
EPA/
DC),
EPA
West,
Room
B102,
1301
Constitution
Ave.,
NW,
Washington,
DC.
The
EPA
Docket
Center
Public
Reading
Room
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Reading
Room
is
(
202)
566­
1544
and
the
telephone
number
for
the
Pollution
Prevention
and
Toxics
Docket
is
(
202)
566­
0280.
An
electronic
version
of
the
public
docket
is
available
through
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
EDOCKET
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
"
search,"
then
key
in
the
docket
ID
number
identified
above.
Also,
you
can
send
comments
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Office
for
EPA.
Please
include
the
EPA
Docket
ID
No.
OPPT­
2003­
0066
and
OMB
control
number
2070­
0067
in
any
correspondence.
ATTACHMENT
1
Toxic
Substances
Control
Act
Section
8(
a)

15
U.
S.
C.
2607
Sec.
2607.
Reporting
and
retention
of
information
(
a)
Reports
(
1)
The
Administrator
shall
promulgate
rules
under
which
­
(
A)
each
person
(
other
than
a
small
manufacturer
or
processor)
who
manufactures
or
processes
or
proposes
to
manufacture
or
process
a
chemical
substance
(
other
than
chemical
substance
described
in
subparagraph
(
B)(
ii))
shall
maintain
such
records,
and
shall
submit
to
the
Administrator
such
reports,
as
the
Administrator
may
reasonably
require,
and
(
B)
each
person
(
other
than
a
small
manufacturer
or
processor)
who
manufactures
or
processes
or
proposes
to
manufacture
or
process
­
(
i)
a
mixture,
or
(
ii)
a
chemical
substance
in
small
quantities
(
as
defined
by
the
Administrator
by
rule)
solely
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,
shall
maintain
records
and
submit
to
the
Administrator
reports
but
only
to
the
extent
the
Administrator
determines
the
maintenance
of
records
or
submission
of
reports,
or
both,
is
necessary
for
the
effective
enforcement
of
this
chapter.
The
Administrator
may
not
require
in
a
rule
promulgated
under
this
paragraph
the
maintenance
of
records
or
the
submission
of
reports
with
respect
to
changes
in
the
proportions
of
the
components
of
a
mixture
unless
the
Administrator
finds
that
the
maintenance
of
such
records
or
the
submission
of
such
reports,
or
both,
is
necessary
for
the
effective
enforcement
of
this
chapter.
For
purposes
of
the
compilation
of
the
list
of
chemical
substances
required
under
subsection
(
b)
of
this
section,
the
Administrator
shall
promulgate
rules
pursuant
to
this
subsection
not
later
than
180
days
after
January
1,
1977.
(
2)
The
Administrator
may
require
under
paragraph
(
1)
maintenance
of
records
and
reporting
with
respect
to
the
following
insofar
as
known
to
the
person
making
the
report
or
insofar
as
reasonably
ascertainable:
(
A)
The
common
or
trade
name,
the
chemical
identity,
and
the
molecular
structure
of
each
chemical
substance
or
mixture
for
which
such
a
report
is
required.
(
B)
The
categories
or
proposed
categories
of
use
of
each
such
substance
or
mixture.
(
C)
The
total
amount
of
each
such
substance
and
mixture
manufactured
or
processed,
reasonable
estimates
of
the
total
amount
to
be
manufactured
or
processed,
the
amount
manufactured
or
processed
for
each
of
its
categories
of
use,
and
reasonable
estimates
of
the
amount
to
be
manufactured
or
processed
for
each
of
its
categories
of
use
or
proposed
categories
of
use.
(
D)
A
description
of
the
byproducts
resulting
from
the
manufacture,
processing,
use,
or
disposal
of
each
such
substance
or
mixture.
(
E)
All
existing
data
concerning
the
environmental
and
health
effects
of
such
substance
or
mixture.
(
F)
The
number
of
individuals
exposed,
and
reasonable
estimates
of
the
number
who
will
be
exposed,
to
such
substance
or
mixture
in
their
places
of
employment
and
the
duration
of
such
exposure.
(
G)
In
the
initial
report
under
paragraph
(
1)
on
such
substance
or
mixture,
the
manner
or
method
of
its
disposal,
and
in
any
subsequent
report
on
such
substance
or
mixture,
any
change
in
such
manner
or
method.
To
the
extent
feasible,
the
Administrator
shall
not
require
under
paragraph
(
1),
any
reporting
which
is
unnecessary
or
duplicative.
(
3)
(
A)
(
i)
The
Administrator
may
by
rule
require
a
small
manufacturer
or
processor
of
a
chemical
substance
to
submit
to
the
Administrator
such
information
respecting
the
chemical
substance
as
the
Administrator
may
require
for
publication
of
the
first
list
of
chemical
substances
required
by
subsection
(
b)
of
this
section.
(
ii)
The
Administrator
may
by
rule
require
a
small
manufacturer
or
processor
of
a
chemical
substance
or
mixture
­
(
I)
subject
to
a
rule
proposed
or
promulgated
under
section
2603,
2604(
b)(
4),
or
2605
of
this
title,
or
an
order
in
effect
under
section
2604(
e)
of
this
title,
or
(
II)
with
respect
to
which
relief
has
been
granted
pursuant
to
a
civil
action
brought
under
section
2604
or
2606
of
this
title,
to
maintain
such
records
on
such
substance
or
mixture,
and
to
submit
to
the
Administrator
such
reports
on
such
substance
or
mixture,
as
the
Administrator
may
reasonably
require.
A
rule
under
this
clause
requiring
reporting
may
require
reporting
with
respect
to
the
matters
referred
to
in
paragraph
(
2).
(
B)
The
Administrator,
after
consultation
with
the
Administrator
of
the
Small
Business
Administration,
shall
by
rule
prescribe
standards
for
determining
the
manufacturers
and
processors
which
qualify
as
small
manufacturers
and
processors
for
purposes
of
this
paragraph
and
paragraph
(
1).
ATTACHMENT
2
40
CFR
704
General
Reporting
and
Recordkeeping
Provisions
for
Section
8(
a)
Information­
Gathering
Rules
PART
704­­
REPORTING
AND
RECORDKEEPING
REQUIREMENTS­­
Table
of
Contents
Subpart
A­­
General
Reporting
and
Recordkeeping
Provisions
for
Section
8(
a)
Information­
Gathering
Rules
Sec.
704.1
Scope.

(
a)
This
part
specifies
reporting
and
recordkeeping
procedures
under
section
8(
a)
of
the
Toxic
Substances
Control
Act
(
TSCA)
for
manufacturers,
importers,
and
processors
of
chemical
substances
and
mixtures
(
hereafter
collectively
referred
to
as
substances)
that
are
identified
in
subpart
B
of
this
part.
The
reporting
and
recordkeeping
provisions
in
subpart
A
of
this
part
apply
throughout
this
part
unless
revised
in
any
other
subpart.
(
b)
Subpart
B
of
this
part
sets
out
chemical­
specific
reporting
and
recordkeeping
requirements
under
section
8(
a)
of
TSCA.

[
53
FR
51715,
Dec.
22,
1988,
as
amended
at
60
FR
31920,
June
19,
1995]

Sec.
704.3
Definitions.

All
definitions
as
set
forth
in
section
3
of
TSCA
apply
in
this
part.
In
addition,
the
following
definitions
are
provided
for
the
purposes
of
this
part.
Annual
means
the
corporate
fiscal
year.
Article
means
a
manufactured
item
(
1)
which
is
formed
to
a
specific
shape
or
design
during
manufacture,
(
2)
which
has
end
use
function(
s)
dependent
in
whole
or
in
part
upon
its
shape
or
design
during
end
use,
and
(
3)
which
has
either
no
change
of
chemical
composition
during
its
end
use
or
only
those
changes
of
composition
which
have
no
commercial
purpose
separate
from
that
of
the
article,
and
that
result
from
a
chemical
reaction
that
occurs
upon
end
use
of
other
chemical
substances,
mixtures,
or
articles;
except
that
fluids
and
particles
are
not
considered
articles
regardless
of
shape
or
design.
Byproduct
means
a
chemical
substance
produced
without
a
separate
commercial
intent
during
the
manufacture,
processing,
use,
or
disposal
of
another
chemical
substance(
s)
or
mixture(
s).
CAS
Number
means
Chemical
Abstracts
Service
Registry
Number.
Coproduct
means
a
chemical
substance
produced
for
a
commercial
purpose
during
the
manufacture,
processing,
use,
or
disposal
of
another
chemical
substance
or
mixture.
Customer
means
any
person
to
whom
a
manufacturer,
importer,
or
processor
directly
distributes
any
quantity
of
a
chemical
substance,
mixture,
mixture
containing
the
substance
or
mixture,
or
article
containing
the
substance
or
mixture,
whether
or
not
a
sale
is
involved.
Domestic
means
within
the
geographical
boundaries
of
the
50
United
States,
including
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Virgin
Islands,
Guam,
American
Samoa,
the
Northern
Mariana
Islands,
and
any
other
territory
or
possession
of
the
United
States.
Enclosed
process
means
a
manufacturing
or
processing
operation
that
is
designed
and
operated
so
that
there
is
no
intentional
release
into
the
environment
of
any
substance
present
in
the
operation.
An
operation
with
fugitive,
inadvertent,
or
emergency
pressure
relief
releases
remains
an
enclosed
process
so
long
as
measures
are
taken
to
prevent
worker
exposure
to
and
environmental
contamination
from
the
releases.
EPA
means
the
United
States
Environmental
Protection
Agency.
Import
means
to
import
for
commercial
purposes.
Import
for
commercial
purposes
means
to
import
with
the
purpose
of
obtaining
an
immediate
or
eventual
commercial
advantage
for
the
importer,
and
includes
the
importation
of
any
amount
of
a
chemical
substance
or
mixture.
If
a
chemical
substance
or
mixture
containing
impurities
is
imported
for
commercial
purposes,
then
those
impurities
also
are
imported
for
commercial
purposes.
Import
in
bulk
form
means
to
import
a
chemical
substance
(
other
than
as
part
of
a
mixture
or
article)
in
any
quantity,
in
cans,
bottles,
drums,
barrels,
packages,
tanks,
bags,
or
other
containers,
if
the
chemical
substance
is
intended
to
be
removed
from
the
container
and
the
substance
has
an
end
use
or
commercial
purpose
separate
from
the
container.
Importer
means
(
1)
any
person
who
imports
any
chemical
substance
or
any
chemical
substance
as
part
of
a
mixture
or
article
into
the
customs
territory
of
the
United
States,
and
includes:
(
i)
The
person
primarily
liable
for
the
payment
of
any
duties
on
the
merchandise,
or
(
ii)
An
authorized
agent
acting
on
his
behalf
(
as
defined
in
19
CFR
1.11).
(
2)
Importer
also
includes,
as
appropriate:
(
i)
The
consignee.
(
ii)
The
importer
of
record.
(
iii)
The
actual
owner
if
an
actual
owner's
declaration
and
superseding
bond
have
been
filed
in
accordance
with
19
CFR
141.20.
(
iv)
The
transferee,
if
the
right
to
draw
merchandise
in
a
bonded
warehouse
has
been
transferred
in
accordance
with
subpart
C
of
19
CFR
part
144.
(
3)
For
the
purposes
of
this
definition,
the
customs
territory
of
the
United
States
consists
of
the
50
States,
Puerto
Rico,
and
the
District
of
Columbia.
Impurity
means
a
chemical
substance
which
is
unintentionally
present
with
another
chemical
substance.
Intermediate
means
any
chemical
substance
that
is
consumed,
in
whole
or
in
part,
in
chemical
reactions
used
for
the
intentional
manufacture
of
other
chemical
substances
or
mixtures,
or
that
is
intentionally
present
for
the
purpose
of
altering
the
rates
of
such
chemical
reactions.
Known
to
or
reasonably
ascertainable
by
means
all
information
in
a
person's
possession
or
control,
plus
all
information
that
a
reasonable
person
similarly
situated
might
be
expected
to
possess,
control,
or
know.
Manufacture
means
to
manufacture
for
commercial
purposes.
Manufacture
for
commercial
purposes
means:
(
1)
To
import,
produce,
or
manufacture
with
the
purpose
of
obtaining
an
immediate
or
eventual
commercial
advantage
for
the
manufacturer,
and
includes
among
other
things,
such
  
manufacture''
of
any
amount
of
a
chemical
substance
or
mixture:
(
i)
For
commercial
distribution,
including
for
test
marketing.
(
ii)
For
use
by
the
manufacturer,
including
use
for
product
research
and
development,
or
as
an
intermediate.
(
2)
Manufacture
for
commercial
purposes
also
applies
to
substances
that
are
produced
coincidentally
during
the
manufacture,
processing,
use,
or
disposal
of
another
substance
or
mixture,
including
both
byproducts
that
are
separated
from
that
other
substance
or
mixture
and
impurities
that
remain
in
that
substance
or
mixture.
Such
byproducts
and
impurities
may,
or
may
not,
in
themselves
have
commercial
value.
They
are
nonetheless
produced
for
the
purpose
of
obtaining
a
commercial
advantage
since
they
are
part
of
the
manufacture
of
a
chemical
product
for
a
commercial
purpose.
Manufacturer
means
a
person
who
imports,
produces,
or
manufactures
a
chemical
substance.
A
person
who
extracts
a
component
chemical
substance
from
a
previously
existing
chemical
substance
or
a
complex
combination
of
substances
is
a
manufacturer
of
that
component
chemical
substance.
Non­
isolated
intermediate
means
any
intermediate
that
is
not
intentionally
removed
from
the
equipment
in
which
it
is
manufactured,
including
the
reaction
vessel
in
which
it
is
manufactured,
equipment
which
is
ancillary
to
the
reaction
vessel,
and
any
equipment
through
which
the
substance
passes
during
a
continuous
flow
process,
but
not
including
tanks
or
other
vessels
in
which
the
substance
is
stored
after
its
manufacture.
Mechanical
or
gravity
transfer
through
a
closed
system
is
not
considered
to
be
intentional
removal,
but
storage
or
transfer
to
shipping
containers
  
isolates''
the
substance
by
removing
it
from
process
equipment
in
which
it
is
manufactured.
Own
or
control
means
ownership
of
50
percent
or
more
of
a
company's
voting
stock
or
other
equity
rights,
or
the
power
to
control
the
management
and
policies
of
that
company.
A
company
may
own
or
control
one
or
more
sites.
A
company
may
be
owned
or
controlled
by
a
foreign
or
domestic
parent
company.
Parent
company
is
a
company
that
owns
or
controls
another
company.
Person
includes
any
individual,
firm,
company,
corporation,
joint
venture,
partnership,
sole
proprietorship,
association,
or
any
other
business
entity;
any
State
or
political
subdivision
thereof;
any
municipality;
any
interstate
body;
and
any
department,
agency,
or
instrumentality
of
the
Federal
Government.
Possession
or
control
means
in
the
possession
or
control
of
any
person,
or
of
any
subsidiary,
partnership
in
which
the
person
is
a
general
partner,
parent
company,
or
any
company
or
partnership
which
the
parent
company
owns
or
controls,
if
the
subsidiary,
parent
company,
or
other
company
or
partnership
is
associated
with
the
person
in
the
research,
development,
test
marketing,
or
commercial
marketing
of
the
substance
in
question.
Information
is
in
the
possession
or
control
of
a
person
if
it
is:
(
1)
In
the
person's
own
files
including
files
maintained
by
employees
of
the
person
in
the
course
of
their
employment.
(
2)
In
commercially
available
data
bases
to
which
the
person
has
purchased
access.
(
3)
Maintained
in
the
files
in
the
course
of
employment
by
other
agents
of
the
person
who
are
associated
with
research,
development,
test
marketing,
or
commercial
marketing
of
the
chemical
substance
in
question.
Process
means
to
process
for
commercial
purposes.
Process
for
commercial
purposes
means
the
preparation
of
a
chemical
substance
or
mixture
after
its
manufacture
for
distribution
in
commerce
with
the
purpose
of
obtaining
an
immediate
or
eventual
commercial
advantage
for
the
processor.
Processing
of
any
amount
of
a
chemical
substance
or
mixture
is
included
in
this
definition.
If
a
chemical
substance
or
mixture
containing
impurities
is
processed
for
commercial
purposes,
then
the
impurities
also
are
processed
for
commercial
purposes.
Processor
means
any
person
who
processes
a
chemical
substance
or
mixture.
Production
volume
means
the
quantity
of
a
substance
which
is
produced
by
a
manufacturer,
as
measured
in
kilograms
or
pounds.
Propose
to
manufacture,
import,
or
process
means
that
a
person
has
made
a
firm
management
decision
to
commit
financial
resources
for
the
manufacture,
import,
or
processing
of
a
specified
chemical
substance
or
mixture.
Site
means
a
contiguous
property
unit.
Property
divided
only
by
a
public
right­
of­
way
shall
be
considered
one
site.
There
may
be
more
than
one
plant
on
a
single
site.
The
site
for
a
person
who
imports
a
substance
is
the
site
of
the
operating
unit
within
the
person's
organization
which
is
directly
responsible
for
importing
the
substance
and
which
controls
the
import
transaction
and
may
in
some
cases
be
the
organization's
headquarters
office
in
the
United
States.
Small
manufacturer
or
importer
means
a
manufacturer
or
importer
that
meets
either
of
the
following
standards:
(
1)
First
standard.
A
manufacturer
or
importer
of
a
substance
is
small
if
its
total
annual
sales,
when
combined
with
those
of
its
parent
company
(
if
any),
are
less
than
$
40
million.
However,
if
the
annual
production
or
importation
volume
of
a
particular
substance
at
any
individual
site
owned
or
controlled
by
the
manufacturer
or
importer
is
greater
than
45,400
kilograms
(
100,000
pounds),
the
manufacturer
or
importer
shall
not
qualify
as
small
for
purposes
of
reporting
on
the
production
or
importation
of
that
substance
at
that
site,
unless
the
manufacturer
or
importer
qualifies
as
small
under
standard
(
2)
of
this
definition.
(
2)
Second
standard.
A
manufacturer
or
importer
of
a
substance
is
small
if
its
total
annual
sales,
when
combined
with
those
of
its
parent
company
(
if
any),
are
less
than
$
4
million,
regardless
of
the
quantity
of
substances
produced
or
imported
by
that
manufacturer
or
importer.
(
3)
Inflation
index.
EPA
shall
make
use
of
the
Producer
Price
Index
for
Chemicals
and
Allied
Products,
as
compiled
by
the
U.
S.
Bureau
of
Labor
Statistics,
for
purposes
of
determining
the
need
to
adjust
the
total
annual
sales
values
and
for
determining
new
sales
values
when
adjustments
are
made.
EPA
may
adjust
the
total
annual
sales
values
whenever
the
Agency
deems
it
necessary
to
do
so,
provided
that
the
Producer
Price
Index
for
Chemicals
and
Allied
Products
has
changed
more
than
20
percent
since
either
the
most
recent
previous
change
in
sales
values
or
the
date
of
promulgation
of
this
rule,
whichever
is
later.
EPA
shall
provide
Federal
Register
notification
when
changing
the
total
annual
sales
values.
Small
quantities
solely
for
research
and
development
(
or
"
small
quantities
solely
for
purposes
of
scientific
experimentation
or
analysis
or
chemical
research
on,
or
analysis
of,
such
substance
or
another
substance,
including
such
research
or
analysis
for
the
development
of
a
product")
means
quantities
of
a
chemical
substance
manufactured,
imported,
or
processed
or
proposed
to
be
manufactured,
imported,
or
processed
solely
for
research
and
development
that
are
not
greater
than
reasonably
necessary
for
such
purposes.
Substance
means
either
a
chemical
substance
or
mixture
unless
otherwise
indicated.
Test
marketing
means
the
distribution
in
commerce
of
no
more
than
a
predetermined
amount
of
a
chemical
substance,
mixture,
article
containing
that
chemical
substance
or
mixture,
or
a
mixture
containing
that
substance,
by
a
manufacturer
or
processor,
to
no
more
than
a
defined
number
of
potential
customers
to
explore
market
capability
in
a
competitive
situation
during
a
predetermined
testing
period
prior
to
the
broader
distribution
of
that
chemical
substance,
mixture,
or
article
in
commerce.
Total
annual
sales
means
the
total
annual
revenue
(
in
dollars)
generated
by
the
sale
of
all
products
of
a
company.
Total
annual
sales
must
include
the
total
annual
sales
revenue
of
all
sites
owned
or
controlled
by
that
company
and
the
total
annual
sales
revenue
of
that
company's
subsidiaries
and
foreign
or
domestic
parent
company,
if
any.
TSCA
means
the
Toxic
Substances
Control
Act,
15
U.
S.
C.
2601
et
seq.

[
53
FR
51715,
Dec.
22,
1988]

Sec.
704.5
Exemptions.

A
person
who
is
subject
to
reporting
requirements
for
a
substance
identified
in
this
part
is
exempt
from
those
requirements
to
the
extent
that
the
person
and
that
person's
use
of
the
substance
is
described
in
this
section.
This
section
is
superseded
by
any
TSCA
section
8(
a)
rule
that
adds
to,
removes,
or
revises
the
exemptions
described
in
this
section.

(
a)
Articles.
A
person
who
imports,
processes,
or
proposes
to
import
or
process
a
substance
identified
in
this
part
solely
as
part
of
an
article
is
exempt
from
the
reporting
requirements
of
this
part
with
regard
to
that
substance.
(
b)
Byproducts.
A
person
who
manufactures,
imports,
or
proposes
to
manufacture
or
import
a
substance
identified
in
this
part
solely
as
a
byproduct
is
exempt
from
the
reporting
requirements
of
this
part.
(
c)
Impurities.
A
person
who
manufactures,
imports,
processes,
or
proposes
to
manufacture,
import,
or
process
a
substance
identified
in
this
part
solely
as
an
impurity
is
exempt
from
the
reporting
requirements
of
this
part.
(
d)
Non­
isolated
intermediate.
A
person
who
manufactures
or
proposes
to
manufacture
a
substance
identified
in
this
part
solely
as
a
non­
isolated
intermediate
is
exempt
from
the
reporting
requirements
of
this
part.
(
e)
Research
and
development.
A
person
who
manufactures,
imports,
processes,
or
proposes
to
manufacture,
import,
or
process
a
substance
identified
in
this
part
only
in
small
quantities
solely
for
research
and
development
is
exempt
from
the
reporting
requirements
of
this
part.
(
f)
Small
manufacturers
and
importers.
Small
manufacturers
and
importers
are
exempt
from
the
reporting
requirements
of
this
part.

[
53
FR
51717,
Dec.
22,
1988]

Sec.
704.7
Confidential
business
information
claims.

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

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

Sec.
704.9
Where
to
send
reports.

Reports
must
be
submitted
by
certified
mail
to
the
Document
Control
Office
(
7407),
Office
of
Pollution
Prevention
and
Toxics,
U.
S.
Environmental
Protection
Agency,
Room
G­
099,
401
M
St.,
SW.,
Washington,
DC.,
20460,
ATT:
8(
a)
Reporting.

[
60
FR
34463,
July
3,
1995]

Sec.
704.11
Recordkeeping.

Each
person
who
is
subject
to
the
reporting
requirements
of
this
part
must
retain
the
following
records
for
3
years
following
the
creation
or
compilation
of
the
record.

(
a)
A
copy
of
each
report
submitted
by
the
person
in
response
to
the
requirements
of
this
part.
(
b)
Materials
and
documentation
sufficient
to
verify
or
reconstruct
the
values
submitted
in
the
report.
(
c)
A
copy
of
each
notice
sent
by
the
person,
return
receipt
requested,
to
that
person's
customers
for
the
purpose
of
notifying
their
customers
of
the
customer's
reporting
obligations
under
this
part.
(
d)
All
return
receipts
signed
by
the
person's
customers
who
received
the
notice
described
in
paragraph
(
c)
of
this
section.

[
53
FR
51717,
Dec.
22,
1988,
as
amended
at
58
FR
34204,
June
23,
1993]

Sec.
704.13
Compliance
and
enforcement.

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

[
53
FR
51717,
Dec.
22,
1989]

Subpart
B­­
Chemical­
Specific
Reporting
and
Recordkeeping
Rules
Sec.
704.25
11­
Aminoundecanoic
acid.

(
a)
Definitions.
(
1)
11­
AA
means
the
chemical
substance
11­
aminoundecanoic
acid,
CAS
Number
2432­
99­
7.
(
2)
Enclosed
process
means
a
process
that
is
designed
and
operated
so
that
there
is
no
intentional
release
of
any
substance
present
in
the
process.
A
process
with
fugitive,
inadvertent,
or
emergency
pressure
relief
releases
remains
an
enclosed
process
so
long
as
measures
are
taken
to
prevent
worker
exposure
to
an
environmental
contamination
from
the
releases.
(
3)
Internal
subunit
means
a
subunit
that
is
covalently
linked
to
at
least
two
other
subunits.
Internal
subunits
of
polymer
molecules
are
chemically
derived
from
monomer
molecules
that
have
formed
covalent
links
between
two
or
more
other
molecules.
(
4)
Monomer
means
a
chemical
substance
that
has
the
capacity
to
form
links
between
two
or
more
other
molecules.
(
5)
Polymer
means
a
chemical
substance
that
consists
of
at
least
a
simple
weight
majority
of
polymer
molecules
but
consists
of
less
than
a
simple
weight
majority
of
molecules
with
the
same
molecular
weight.
Collectively,
such
polymer
molecules
must
be
distributed
over
a
range
of
molecular
weights
wherein
differences
in
molecular
weight
are
primarily
attributable
to
differences
in
the
number
of
internal
subunits.
(
6)
Polymer
molecule
means
a
molecule
which
includes
at
least
four
covalently
linked
subunits,
at
least
two
of
which
are
internal
subunits.
(
7)
Small
processor
means
a
processor
that
meets
either
the
standard
in
paragraph
(
a)(
7)(
i)
of
this
section
or
the
standard
in
paragraph
(
a)(
7)(
ii)
of
this
section.
(
i)
First
standard.
A
processor
of
a
chemical
substance
is
small
if
its
total
annual
sales,
when
combined
with
those
of
its
parent
company,
if
any,
are
less
than
$
40
million.
However,
if
the
annual
processing
volume
of
a
particular
chemical
substance
at
any
individual
site
owned
or
controlled
by
the
processor
is
greater
than
45,400
kilograms
(
100,000
pounds),
the
processor
shall
not
qualify
as
small
for
purposes
of
reporting
on
the
processing
of
that
chemical
substance
at
that
site,
unless
the
processor
qualifies
as
small
under
paragraph
(
a)(
7)(
ii)
of
this
section.
(
ii)
Second
standard.
A
processor
of
a
chemical
substance
is
small
if
its
total
annual
sales,
when
combined
with
those
of
its
parent
company
(
if
any),
are
less
than
$
4
million,
regardless
of
the
quantity
of
the
particular
chemical
substance
processed
by
that
company.
(
iii)
Inflation
index.
EPA
will
use
the
Inflation
Index
described
in
the
definition
of
small
manufacturer
set
forth
in
Sec.
704.3,
for
purposes
of
adjusting
the
total
annual
sales
values
of
this
small
processor
definition.
EPA
will
provide
notice
in
the
Federal
Register
when
changing
the
total
annual
sales
values
of
this
definition.
(
8)
Subunit
means
an
atom
or
group
of
associated
atoms
chemically
derived
from
corresponding
reactants.
(
b)
Persons
who
must
report.
Except
as
provided
in
paragraph
(
c)
of
this
section,
the
following
persons
are
subject
to
this
section:
(
1)
Persons
who
manufacture
or
propose
to
manufacture
11­
AA:
(
i)
For
use
as
an
intermediate
in
the
manufacture
of
polymers
in
an
enclosed
process
when
it
is
expected
that
the
11­
AA
will
be
fully
polymerized
during
the
manufacturing
process,
or
(
ii)
For
use
as
a
component
in
photoprocessing
solutions.
(
2)
Persons
who
import
or
propose
to
import
11­
AA:
(
i)
For
use
as
an
intermediate
in
the
manufacture
of
polymers
in
an
enclosed
process
when
it
is
expected
that
the
11­
AA
will
be
fully
polymerized
during
the
manufacturing
process,
or
(
ii)
For
use
as
a
component
in
photoprocessing
solutions.
(
3)
Persons
who
process
or
propose
to
process
11­
AA:
(
i)
For
use
as
an
intermediate
in
the
manufacture
of
polymers
in
an
enclosed
process
when
it
is
expected
that
the
11­
AA
will
be
fully
polymerized
during
the
manufacturing
process,
or
(
ii)
For
use
as
a
component
in
photoprocessing
solutions.
(
c)
Persons
not
subject
to
this
section.
The
following
persons
are
not
subject
to
this
section:
(
1)
Small
manufacturers
(
includes
importers)
as
described
in
Sec.
704.3.
(
2)
Small
processors.
(
3)
Persons
described
in
Sec.
704.5.
(
4)
Persons
who,
at
any
time
during
the
3­
year
period
ending
July
22,
1986,
manufactured,
imported,
or
processed
11­
AA:
(
i)
For
use
as
an
intermediate
in
the
manufacture
of
polymers
in
an
enclosed
process
when
it
is
expected
that
the
11­
AA
will
be
fully
polymerized
during
the
manufacturing
process,
or
(
ii)
For
use
as
a
component
in
photoprocessing
solutions.
(
d)
What
information
to
report.
Persons
identified
in
paragraph
(
b)
of
this
section
must
submit
a
Premanufacture
Notice
Form
(
EPA
Form
7710­
25).
(
e)
When
to
report.
(
1)
Persons
who
intend
to
manufacture,
import,
or
process
11­
AA
for
use
as
an
intermediate
in
the
manufacture
of
polymers
in
an
enclosed
process
when
it
is
expected
that
the
11­
AA
will
be
fully
polymerized
during
the
manufacturing
process
or
for
use
as
a
component
in
photoprocessing
solutions
must
notify
EPA
within
30
days
after
making
a
firm
management
decision
to
commit
financial
resources
for
the
manufacturing,
importing,
or
processing
of
11­
AA.
(
2)
Persons
who
initiated
manufacturing,
importing,
or
processing
of
11­
AA
for
use
as
an
intermediate
in
the
manufacture
of
polymers
in
an
enclosed
process
when
it
is
expected
that
the
11­
AA
will
be
fully
polymerized
during
the
manufacturing
process,
or
for
use
as
a
component
in
photoprocessing
solutions
during
the
time
period
between
July
22,
1986
and
July
13,
1987
must
notify
EPA
by
August
10,
1987.
(
f)
Recordkeeping.
Persons
subject
to
the
reporting
requirements
of
this
section
must
retain
documentation
of
information
contained
in
their
reports
for
a
period
of
5
years
from
the
date
of
submission
of
the
report.
(
g)
Where
to
send
reports.
Reports
must
be
submitted
by
certified
mail
to
the
Document
Control
Office
(
7407),
Office
of
Pollution
Prevention
and
Toxics,
U.
S.
Environmental
Protection
Agency,
Room
G­
099,
401
M
St.,
SW.,
Washington,
DC.,
20460,
ATT:
11­
AA
Notification.

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

Sec.
704.33
P­
tert­
butylbenzoic
acid
(
P­
TBBA),
p­
tert­
butyltoluene
(
P­
TBT)
and
p­
tert­
butylbenzaldehyde
(
P­
TBB).

(
a)
Definitions.
(
1)
P­
TBBA
means
the
substance
p­
tert­
butylbenzoic
acid,
also
identified
as
4­(
1,1­
dimethylethyl)
benzoic
acid,
CAS
No.
98­
73­
7.
(
2)
P­
TBT
means
the
substance
p­
tert­
butyltoluene,
also
identified
as
1­(
1,1­
dimethylethyl)­
4­
methylbenzene,
CAS
No.
98­
51­
1.
(
3)
P­
TBB
means
the
substance
p­
tert­
butylbenzaldehyde,
also
identified
as
4­(
1,1­
dimethylethyl)
benzaldehyde,
CAS
No.
939­
97­
9.
(
4)
Small
processor
means
a
processor
that
meets
either
the
standard
in
paragraph
(
a)(
4)(
i)
of
this
section
or
the
standard
in
paragraph
(
a)(
4)(
ii)
of
this
section.
(
i)
First
standard.
A
processor
of
a
chemical
substance
is
small
if
its
total
annual
sales,
when
combined
with
those
of
its
parent
company,
if
any,
are
less
than
$
40
million.
However,
if
the
annual
processing
volume
of
a
particular
chemical
substance
at
any
individual
site
owned
or
controlled
by
the
processor
is
greater
than
45,400
kilograms
(
100,000
pounds),
the
processor
shall
not
qualify
as
small
for
purposes
of
reporting
on
the
processing
of
that
chemical
substance
at
that
site,
unless
the
processor
qualifies
as
small
under
paragraph
(
a)(
1)(
ii)
of
this
section.
(
ii)
Second
standard.
A
processor
of
a
chemical
substance
is
small
if
its
total
annual
sales,
when
combined
with
those
of
its
parent
company
(
if
any),
are
less
than
$
4
million,
regardless
of
the
quantity
of
the
particular
chemical
substance
processed
by
that
company.
(
iii)
Inflation
index.
EPA
shall
use
the
Inflation
Index
described
in
the
definition
of
small
manufacturer
that
is
set
forth
in
Sec.
704.3,
for
purposes
of
adjusting
the
total
annual
sales
values
of
this
small
processor
definition.
EPA
shall
provide
Federal
Register
notification
when
changing
the
total
annual
sales
values
of
this
definition.
(
b)
Persons
who
must
report.
Except
as
provided
in
paragraph
(
c)
of
this
section,
the
following
persons
are
subject
to
the
reporting
requirements
of
this
rule;
a
person
may
become
subject
to
this
rule
more
than
once,
for
more
than
one
substance
or
under
more
than
one
of
the
criteria
listed
in
this
paragraph
(
b).
(
1)
Persons
who
manufactured,
imported,
or
processed
P­
TBBA,
P­
TBT,
and/
or
P­
TBB
for
commercial
purposes
during
the
person's
latest
complete
corporate
fiscal
year
prior
to
June
25,
1986.
For
purposes
of
this
provision,
processors
of
P­
TBBA,
P­
TBT,
and/
or
P­
TBB
shall
include
only
those
persons
who
processed
the
substances
other
than
as
non­
isolated
intermediates.
(
2)
Persons
who
commence
manufacture
or
importation
of
P­
TBBA,
P­
TBT,
and/
or
P­
TBB
for
commercial
purposes
after
June
25,
1986.
This
provision
is
applicable
to
persons
who
cease
manufacture
or
importation
of
P­
TBBA,
P­
TBT,
and/
or
P­
TBB
after
June
25,
1986
and
then
subsequently
resume
manufacture
or
importation
of
the
substance(
s).
(
3)
Persons
who
process
P­
TBBA,
P­
TBT,
and/
or
P­
TBB
for
commercial
purposes
in
any
way
other
than
as
a
non­
isolated
intermediate
after
June
25,
1986.
(
c)
Persons
not
subject
to
this
rule.
In
addition
to
the
persons
described
in
Sec.
704.5,
small
processors,
as
defined
in
paragraph
(
a)(
4)
of
this
section,
are
not
subject
to
this
rule.
(
d)
Information
to
report.
Persons
subject
to
this
rule
as
described
in
paragraph
(
b)
of
this
section
shall
report
information
to
EPA
as
specified
in
this
paragraph
(
d).
Respondents
to
this
rule
shall
report
all
information
that
is
known
to
or
reasonably
ascertainable
by
the
person
reporting.
For
purposes
of
importer
reporting
under
this
paragraph,
a
site
is
the
operating
unit
within
the
person's
organization
which
is
directly
responsible
for
importing
the
substance
and
which
controls
the
import
transaction.
The
import
site
may
in
some
cases
be
the
organization's
headquarters
office
in
the
United
States.
(
1)
All
manufacturers,
importers,
and
processors
specified
in
paragraph
(
b)
of
this
section
shall
report
their
name
and
headquarters
address.
(
2)
All
manufacturers,
importers,
and
processors
specified
in
paragraph
(
b)
of
this
section
shall
report
the
name,
address,
and
office
telephone
number
(
including
area
code)
of
their
principal
technical
contact.
(
3)
All
manufacturers,
importers,
and
processors
specified
in
paragraph
(
b)
of
this
section
shall
report
the
name
and
address
of
each
site
where
P­
TBBA,
P­
TBT,
and/
or
P­
TBB
is
manufactured,
imported,
or
processed.
(
4)
All
manufacturers,
importers,
and
processors
specified
in
paragraph
(
b)(
1)
of
this
section
only
shall
report
the
information
described
in
this
paragraph
(
d)(
4).
Respondents
to
this
paragraph
(
d)(
4)
shall
report
separately
for
each
substance
that
they
manufacture,
import,
or
process,
and
for
each
site
at
which
they
do
so.
However,
if
the
information
to
be
reported
in
response
to
this
paragraph
(
d)(
4)
is
the
same
for
different
sites,
the
respondent
need
not
report
separately
for
each
site
but
need
only
notify
EPA
that
the
information
is
the
same
for
each
site.
The
information
to
be
reported
under
this
paragraph
(
d)(
4)
shall
cover
the
respondent's
latest
complete
corporate
fiscal
year
prior
to
June
25,
1986.
Respondents
to
this
paragraph
(
d)(
4)
shall
report
the
following
information:
(
i)
The
total
quantity
(
by
weight)
of
P­
TBBA,
P­
TBT,
or
P­
TBB
manufactured,
imported,
or
processed
for
commercial
purposes
per
site.
(
ii)
A
narrative
description
of
the
manufacturing,
importing,
or
processing
operation(
s)
involving
P­
TBBA,
P­
TBT,
or
P­
TBB
at
each
site.
(
iii)
A
narrative
description
of
worker
activities
involving
P­
TBBA,
P­
TBT,
or
P­
TBB
at
each
site,
including
the
number
of
workers
potentially
exposed
to
each
substance
and,
if
applicable,
the
number
of
workers
potentially
exposed
to
more
than
one
substance.
(
iv)
The
potential
routes
of
worker
exposure
to
P­
TBBA,
P­
TBT,
or
P­
TBB
at
each
site
(
e.
g.,
inhalation,
ingestion,
dermal
absorption).
(
v)
Available
monitoring
data
from
employee
breathing
zones
with
potential
exposure
to
P­
TBBA,
P­
TBT,
or
P­
TBB
at
each
site,
including
a
description
of
the
method
of
monitoring,
the
number
of
samples
taken,
and
the
potential
number
of
workers
similarly
exposed
for
each
worker
job
category.
Respondents
to
this
paragraph
(
d)(
4)(
v)
shall
submit
data
showing
a
range
of
8­
hour
time
weighted
averages
(
TWAs),
provided
that
the
data
are
available
in
that
form.
Respondents
also
shall
submit
a
calculated
geometric
mean
of
these
data,
with
an
explanation
of
the
method
by
which
the
mean
was
derived.
However,
if
the
monitoring
data
are
not
available
in
the
form
of
8­
hour
TWAs,
respondents
shall
submit
raw
sample
data
results
and
the
duration
time
of
sampling
for
each
job
category.
(
vi)
A
narrative
description
of
any
personal
protective
equipment
and/
or
engineering
controls
used
to
prevent
exposure
to
P­
TBBA,
P­
TBT,
or
P­
TBB
at
each
site.
(
vii)
A
listing
of
the
estimated
quantities
of
P­
TBBA,
P­
TBT,
or
P­
TBB
released
directly
into
air,
water,
or
land
from
each
site.
(
viii)
A
narrative
description
of
the
times
during
the
manufacturing,
importing,
or
processing
operations
involving
P­
TBBA,
P­
TBT,
or
P­
TBB
when
environmental
release
occurs
at
each
site.
(
ix)
A
narrative
description
of
any
engineering
controls
used
to
prevent
environmental
release
of
P­
TBBA,
P­
TBT,
or
P­
TBB
at
each
site.
(
x)
A
narrative
description
of
all
known
end
uses
of
any
P­
TBBA,
P­
TBT,
or
P­
TBB
that
is
manufactured,
imported,
or
processed
by
the
respondent.
The
narrative
need
not
include
customer
identity.
(
xi)
A
narrative
description
of
the
methods
used
at
each
site
for
disposing
of
wastes
generated
during
the
manufacture,
importation,
or
processing
of
P­
TBBA,
P­
TBT,
or
P­
TBB,
including
the
quantity
and
content
of
such
wastes
(
per
site),
the
method
of
disposal,
and
an
identification
of
the
disposal
site(
s).
(
5)
All
manufacturers,
importers,
and
processors
specified
in
paragraph
(
b)
of
this
section
shall
report
the
information
described
in
this
paragraph
(
d)(
5).
Respondents
to
this
paragraph
(
d)(
5)
shall
report
separately
for
each
substance
that
they
intend
to
manufacture,
import,
or
process
during
the
first
2
years
following
the
date
on
which
they
become
subject
to
this
rule.
The
data
reported
under
this
paragraph
(
d)(
5)
shall
cover
that
2­
year
period.
Respondents
to
this
paragraph
(
d)(
5)
shall
report
separately
for
each
site
at
which
they
intend
to
manufacture,
import,
or
process
each
substance.
Respondents
need
not
comply
with
this
paragraph
(
d)(
5)
if
the
information
to
be
reported
is
identical
to
that
reported
by
the
respondent
under
paragraph
(
d)(
4)
of
this
section,
provided
that
the
respondent
makes
note
of
that
fact
to
EPA.
Respondents
to
this
paragraph
(
d)(
5)
shall
report
the
following
information:
(
i)
An
estimate
of
the
total
quantity
(
by
weight)
of
P­
TBBA,
P­
TBT,
or
P­
TBB
that
the
respondent
intends
to
manufacture,
import,
or
process
for
commercial
purposes
per
site
during
each
of
the
first
2
years
following
the
date
on
which
the
respondent
becomes
subject
to
this
rule.
(
ii)
A
narrative
description
of
the
intended
manufacturing,
importing,
or
processing
activities
involving
P­
TBBA,
P­
TBT,
or
P­
TBB
at
each
site
during
the
first
2
years
following
the
date
on
which
the
respondent
becomes
subject
to
this
rule.
The
description
shall
include
a
summary
of
the
intended
manufacturing,
importing,
or
processing
operation(
s);
a
summary
of
intended
worker
activities
involving
the
substances,
including
an
estimate
of
the
number
of
persons
anticipated
to
be
exposed
annually
to
P­
TBBA,
P­
TBT,
or
P­
TBB
(
per
site)
during
the
2­
year
period,
the
anticipated
routes
of
worker
exposure
to
the
substances
(
e.
g.,
inhalation,
ingestion,
dermal
absorption);
and
a
summary
of
any
personal
protective
equipment
and/
or
engineering
controls
that
the
respondent
intends
to
use
to
prevent
exposure
to
the
substances.
(
iii)
A
narrative
description
of
anticipated
environmental
releases
of
P­
TBBA,
P­
TBT,
or
P­
TBB
at
each
site
from
the
manufacture,
importation,
or
processing
of
these
substances
during
the
first
2
years
following
the
date
on
which
the
respondent
becomes
subject
to
this
rule.
The
narrative
shall
include
the
anticipated
quantities
of
each
substance
released
directly
into
air,
water,
or
land,
the
anticipated
routes
of
environmental
release,
and
any
intended
engineering
controls
to
be
used
to
prevent
environmental
release
of
the
substances.
(
iv)
A
narrative
description
of
all
anticipated
end
uses
or
P­
TBBA,
P­
TBT,
or
P­
TBB
resulting
from
the
respondent's
manufacture,
importation,
or
processing
of
the
substances
during
the
first
2
years
following
the
date
on
which
the
respondent
becomes
subject
to
this
rule.
The
summary
need
not
include
customer
identity.
(
v)
A
narrative
summary
of
the
anticipated
disposal
of
wastes
generated
from
the
manufacture,
importation,
or
processing
of
P­
TBBA,
P­
TBT,
or
P­
TBB
during
the
first
2
years
following
the
date
on
which
the
respondent
becomes
subject
to
this
rule.
The
summary
shall
include
the
anticipated
quantity
and
content
of
such
wastes
(
per
site),
the
intended
method
of
disposal,
and
an
identification
of
intended
disposal
site(
s).
(
e)
When
to
report.
Persons
subject
to
this
rule
must
submit
the
requisite
information
to
EPA
within
60
days
of
becoming
subject
to
the
rule
under
the
standards
set
forth
in
paragraph
(
b)
of
this
section.
(
f)
Certification.
Persons
subject
to
this
rule
must
attach
the
following
statement
to
any
information
submitted
to
EPA
in
response
to
this
rule:
  
I
hereby
certify
that,
to
the
best
of
my
knowledge
and
belief,
all
of
the
attached
information
is
complete
and
accurate.''
This
statement
shall
be
signed
and
dated
by
the
company's
principal
technical
contact.
(
g)
Recordkeeping.
Persons
subject
to
the
reporting
requirements
of
this
section
must
retain
documentation
of
information
contained
in
their
reports
for
a
period
of
5
years
from
the
date
of
the
submission
of
the
report.

[
51
FR
17339,
May
12,
1986;
51
FR
18323,
May
19,
1986,
as
amended
at
52
FR
20083,
May
29,
1987;
58
FR
34204,
June
23,
1993]

Sec.
704.43
Chlorinated
naphthalenes.

(
a)
Definitions.
(
1)
Extent
of
chlorination
means
the
percent
by
weight
of
chlorine.
(
2)
Import
means
to
import
in
bulk
form
or
as
part
of
a
mixture.
(
3)
Isomeric
ratio
means
the
relative
amounts
of
each
isomeric
chlorinated
naphthalene
that
composes
the
chemical
substance;
and
for
each
isomer
the
relative
amounts
of
each
chlorinated
naphthalene
designated
by
the
position
of
the
chlorine
atom(
s)
on
the
naphthalene.
(
4)
Polychlorinated
biphenyl
means
any
chemical
substance
that
is
limited
to
the
biphenyl
molecule
and
that
has
been
chlorinated
to
varying
degrees.
(
5)
Small
manufacturer
means
a
manufacturer
(
including
importers)
who
meets
either
paragraph
(
a)(
5)
(
i)
or
(
ii)
of
this
section:
(
i)
A
manufacturer
of
a
chemical
substance
is
small
if
its
total
annual
sales,
when
combined
with
those
of
its
parent
company
(
if
any),
are
less
than
$
40
million.
However,
if
the
annual
production
volume
of
a
particular
chemical
substance
at
any
individual
site
owned
or
controlled
by
the
manufacturer
is
greater
than
45,400
kilograms
(
100,000
pounds),
the
manufacturer
shall
not
qualify
as
small
for
purposes
of
reporting
on
the
production
of
that
chemical
substance
at
that
site,
unless
the
manufacturer
qualifies
as
small
under
paragraph
(
a)(
5)(
ii)
of
this
section.
(
ii)
A
manufacturer
of
a
chemical
substance
is
small
if
its
total
annual
sales,
when
combined
with
those
of
its
parent
company
(
if
any),
are
less
than
$
4
million,
regardless
of
the
quantity
of
the
particular
chemical
substance
produced
by
that
manufacturer.
(
iii)
For
imported
mixtures
containing
a
chemical
substance
identified
in
paragraph
(
b)
of
this
section,
the
45,400
kilograms
(
100,000
pounds)
standard
in
paragraph
(
a)(
5)(
i)
of
this
section
applies
only
to
the
amount
of
the
chemical
substance
in
a
mixture
and
not
the
other
components
of
the
mixture.
(
6)
Waste
means
any
solid
liquid,
semisolid,
or
contained
gaseous
material
that
results
from
the
production
of
a
chemical
substance
identified
in
paragraph
(
b)
of
this
section
and
which
is
to
be
disposed.
(
b)
Substances
for
which
reports
must
be
submitted.

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
CAS
registry
number
Chemical
substance
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
90­
13­
1..........................
Naphthalene,
1­
chloro­
91­
58­
7..........................
Naphthalene,
2­
chloro­
1321­
64­
8........................
Naphthalene,
pentachloro­
1321­
65­
9........................
Naphthalene,
trichloro­
1335­
87­
1........................
Naphthalene,
hexachloro­
1335­
88­
2........................
Naphthalene,
tetrachloro­
1825­
30­
5........................
Naphthalene,
1,5­
dichloro­
1825­
31­
6........................
Naphthalene,
1,4­
dichloro­
2050­
69­
3........................
Naphthalene,
1,2­
dichloro­
2050­
72­
8........................
Naphthalene,
1,6­
dichloro­
2050­
73­
9........................
Naphthalene,
1,7­
dichloro­
2050­
74­
0........................
Naphthalene,
1,8­
dichloro­
2050­
75­
1........................
Naphthalene,
2,3­
dichloro­
2065­
70­
5........................
Naphthalene,
2,6­
dichloro­
2198­
75­
6........................
Naphthalene,
1,3­
dichloro­
2198­
77­
8........................
Naphthalene,
2,7­
dichloro­
2234­
13­
1........................
Naphthalene,
octachloro­
25586­
43­
0.......................
Naphthalene,
chloro­
32241­
08­
0.......................
Naphthalene,
heptachloro­
70776­
03­
3.......................
Naphthalene,
chloro
derivatives.
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

(
c)
Persons
who
must
report.
(
1)
Persons
who
are
manufacturing
or
importing
a
chemical
substance
identified
in
paragraph
(
b)
of
this
section
on
October
8,
1984.
(
2)
Persons
who
propose
to
import
a
chemical
substance
identified
in
paragraph
(
b)
of
this
section
on
or
after
October
8,
1984.
(
3)
Persons
who
manufacture
a
chemical
substance
identified
in
paragraph
(
b)
of
this
section
after
October
8,
1984.
(
4)
A
person
is
required
to
report
only
once
for
each
chemical
substance
identified
in
paragraph
(
b)
of
this
section.
(
d)
Persons
exempt
from
reporting.
(
1)
Small
manufacturers.
(
2)
Persons
described
in
Sec.
704.5.
(
e)
What
information
to
report.
Persons
described
in
paragraph
(
c)
of
this
section
must
notify
EPA
of
current
or
prospective
manufacture
or
import.
The
notice
must
include,
to
the
extent
that
it
is
known
to
or
reasonably
ascertainable
by
the
person
making
the
report,
the
following
information:
(
1)
Company
name
and
address.
(
2)
Name,
address,
and
telephone
number
of
the
principal
technical
contact.
(
3)
For
chemical
substances
proposed
to
be
imported,
the
proposed
date
of
import.
(
4)
A
description
of
the
use(
s)
or
intended
use(
s)
for
the
chemical
substance.
(
5)
A
description
of
the
isomeric
ratio
and
extent
of
chlorination
of
the
chemical
substance
and
the
impurity
level
of
polychlorinated
biphenyls.
(
6)
The
quantity
(
by
weight)
manufactured
or
imported
within
12
months
prior
to
October
8,
1984,
if
any,
and
the
estimated
quantity
(
by
weight)
to
be
manufactured
or
imported
for
the
first
3
years
following
the
date
of
the
report
or
the
date
of
the
intended
start
of
import
whichever
occurs
later.
(
7)
The
number
of
persons
exposed
to
the
chemical
substance
during
manufacture,
import,
processing,
distribution
in
commerce,
use,
and
disposal.
(
8)
If
a
manufacturer's
waste
contains
one
or
more
of
the
chemical
substances
identified
in
paragraph
(
b)
of
this
section,
the
manufacturer
must:
(
i)
Provide
the
quantity
(
by
weight)
of
the
chemical
substances
identified
in
paragraph
(
b)
of
this
section
present
in
the
waste,
(
ii)
Identify
the
constituents
of
the
waste
and
their
concentrations,
(
iii)
State
the
rate
of
waste
generation
as
a
percentage
of
production
volume,
(
iv)
Describe
where
in
the
manufacturing
process
the
waste
is
generated,
and
(
v)
Describe
the
method
for
disposal
of
the
waste.
(
f)
When
to
report.
(
1)
Persons
who
are
manufacturing
or
importing
a
chemical
substance
identified
in
paragraph
(
b)
of
this
section
on
October
8,
1984
must
notify
EPA
by
November
6,
1984.
(
2)
Persons
who
propose
to
import
a
chemical
substance
identified
in
paragraph
(
b)
of
this
section
on
or
after
October
8,
1984
must
notify
EPA
by
November
6,
1984,
or
15
days
after
making
the
management
decision
described
in
Sec.
704.3,
whichever
is
later
in
time.
(
3)
Persons
who
manufacture
a
chemical
substance
identified
in
paragraph
(
b)
of
this
section
after
October
8,
1984
must
notify
EPA
within
30
days
after
the
initial
date
of
manufacture.

[
49
FR
33653,
Aug.
24,
1984;
49
FR
45133,
Nov.
15,
1984;
50
FR
1215,
Jan.
10,
1985;
51
FR
19839,
June
3,
1986;
52
FR
20083,
May
29,
1987.
Redesignated
at
53
FR
51717,
Dec.
22,
1988]

Sec.
704.45
Chlorinated
terphenyl.

(
a)
Definitions.
(
1)
Chlorinated
terphenyl
means
a
chemical
substance,
CAS
No.
61788­
33­
6,
comprised
of
chlorinated
ortho­,
meta­,
and
paraterphenyl.
(
2)
Extent
of
chlorination
means
the
percent
by
weight
of
chlorine
for
each
isomer
(
ortho,
meta,
and
para).
(
3)
Isomeric
ratio
means
the
ratios
of
ortho­,
meta­,
and
parachlorinated
terphenyls.
(
4)
Polychlorinated
biphenyl
means
any
chemical
substance
that
is
limited
to
the
biphenyl
molecule
that
has
been
chlorinated
to
varying
degrees.
(
5)
Small
manufacturer
means
a
manufacturer
(
importers
are
defined
as
manufacturers
under
TSCA)
who
meets
either
of
the
following
standards
under
this
rule:
(
i)
First
standard.
A
manufacturer
of
an
existing
chemical
substance
is
small
if
its
total
annual
sales,
when
combined
with
those
of
its
parent
company
(
if
any),
are
less
than
$
40
million.
However,
if
the
annual
production
volume
of
a
particular
chemical
substance
at
any
individual
site
owned
or
controlled
by
the
manufacturer
is
greater
than
45,400
kilograms
(
100,000
pounds),
the
manufacturer
shall
not
qualify
as
small
for
purposes
of
reporting
on
the
production
of
that
chemical
substance
at
the
site,
unless
the
manufacturer
qualified
as
small
under
paragraph
(
a)(
5)(
ii)
of
this
section.
(
ii)
Second
standard.
A
manufacturer
of
an
existing
chemical
substance
is
small
if
its
total
annual
sales,
when
combined
with
those
of
its
parent
company
(
if
any),
are
less
than
$
4
million,
regardless
of
the
quantity
of
chemicals
produced
by
that
manufacturer.
(
b)
Persons
who
must
report.
Except
for
small
manufacturers
and
as
provided
in
Sec.
704.5,
the
following
persons
are
subject
to
the
rule:
(
1)
Persons
who
manufacture
or
propose
to
manufacture
chlorinated
terphenyl.
(
2)
Persons
who
import
(
importers)
or
propose
to
import
chlorinated
terphenyl
as
a
chemical
substance
in
bulk
or
as
part
of
a
mixture.
(
c)
What
information
to
report.
Persons
subject
to
this
rule
as
described
in
paragraph
(
b)
of
this
section
must
notify
EPA
of
current
or
proposed
manufacture
or
import
of
chlorinated
terphenyl.
The
notice
must
include,
to
the
extent
that
it
is
known
to
the
person
making
the
report
or
is
reasonably
ascertainable,
the
following
information:
(
1)
Company
name
and
address.
(
2)
Name,
address,
and
telephone
number
of
principal
technical
contact.
(
3)
A
description
of
the
use(
s)
or
intended
use(
s)
for
chlorinated
terphenyl.
(
4)
A
description
of
the
isomeric
ratio
and
extent
of
chlorination
of
the
chlorinated
terphenyl
and
the
impurity
level
of
polychlorinated
biphenyls.
(
5)
The
quantity
(
by
weight)
manufactured
or
imported
within
12
months
prior
to
the
effective
date
of
the
rule,
if
any,
and
the
estimated
quantity
(
by
weight)
to
be
manufactured
or
imported
for
the
first
three
years
following
the
date
of
the
report
or
the
date
of
the
intended
start
of
production,
whichever
occurs
later.
(
6)
The
proposed
date
for
the
initiation
of
manufacturing
or
importation
of
chlorinated
terphenyl,
if
appropriate.
(
d)
When
to
report.
Persons
who
are
manufacturing
or
importing
chlorinated
terphenyl
on
the
effective
date
of
the
rule
must
notify
EPA
within
30
days
of
the
effective
date
of
the
rule.
Persons
who
propose
to
manufacture
or
import
chlorinated
terphenyl
must
notify
EPA
within
15
days
after
making
the
management
decision
described
in
Sec.
704.3
  
Proposed
to
manufacture
or
import''.

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

Sec.
704.95
Phosphonic
acid,
[
1,2­
ethanediyl­
bis[
nitrilobis­
(
methylene)]]
tetrakis­
(
EDTMPA)
and
its
salts.

(
a)
Substances
for
which
reporting
is
required.
The
chemical
substances
for
which
reporting
is
required
under
this
section
are:
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
CAS
No.
Chemical
name
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
1429­
50­
1.
Phosphonic
acid,
[
1,2­
ethanediyl­
bis[
nitrilobis(
methylene)]]
tetrakis­
(
EDTMPA)
15142­
96­
8.
Phosphonic
acid,
[
1,2­
ethanediyl­
bis[
nitrilobis(
methylene)]]
tetrakis­,
hexasodium
salt
34274­
30­
1.
Phosphonic
acid,
[
1,2­
ethanediyl­
bis[
nitrilobis(
methylene)]]
tetrakis­,
potassium
salt
57011­
27­
5.
Phosphonic
acid,
[
1,2­
ethanediyl­
bis[
nitrilobis(
methylene)]]
tetrakis­,
ammonium
salt
67924­
23­
6.
Cobaltate
(
6­),
[[[
1,2­
ethanediylbis
[
nitrilobis(
methylene)]]
tetrakis­[
phosphonato]]
(
8­)]­,
pentapotassium
hydrogen,
(
OC­
6­
21)­
67969­
67­
9.
Cobaltate
(
6­),
[[[
1,2­
ethanediylbis
[
nitrilobis(
methylene)]]
tetrakis­
[
phosphonato]]
(
8­)­
N,
N',
O,
O'',
O'''',
O'''''']­,
pentasodium
hydrogen,
(
OC­
6­
21)­
67989­
89­
3.
Cuprate
(
6­),
[[[
1,2­
ethanediylbis
[
nitrilobis(
methylene)]]
tetrakis­
[
phosphonato]]
(
8­)]­,
pentapotassium
hydrogen,
(
OC­
6­
21)­
68025­
39­
8.
Cobaltate
(
6­),
[[[
1,2­
ethanediylbis
[
nitrilobis(
methylene)]]
tetrakis­
[
phosphonato]]
(
6­)­
N,
N',
O,
O'',
O'''',
O'''''']­,
pentaammonium
hydrogen,
(
OC­
6­
21)­
68188­
96­
5.
Phosphonic
acid,
[
1,2­
ethanediylbis
[
nitrilobis(
methylene)]]
tetrakis­,
tetrapotassium
salt
68309­
98­
8.
Cadmate
(
6­),
[[[
1,2­
ethanediylbis
[
nitrilobis(
methylene)]]
tetrakis­
[
phosphonato]]
(
8­)]­,
pentapotassium
hydrogen,
(
OC­
6­
21)­
68901­
17­
7.
Phosphonic
acid,
[
1,2­
ethanediylbis
[
nitrilobis(
methylene)]]
tetrakis­,
octaammonium
salt
68958­
86­
1.
Nickelate
(
6­),
[[[
1,2­
ethanediylbis
[
nitrilobis(
methylene)]]
tetrakis­
[
phosphonato]]
(
8­)]­,
pentaammonium
hydrogen,
(
OC­
6­
21)­
68958­
87­
2.
Nickelate
(
6­),
[[[
1,2­
ethanediylbis
[
nitrilobis(
methylene)]]
tetrakis­
[
phosphonato]]
(
8­)]­,
pentapotassium
hydrogen,
(
OC­
6­
21)­
68958­
88­
3.
Nickelate
(
6­),
[[[
1,2­
ethanediylbis
[
nitrilobis(
methylene)]]
tetrakis
[
phosphonato]]
(
8­)]­,
pentasodiumhydrogen,
(
OC­
6­
21)­
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

(
b)
Persons
who
must
report.
Unless
exempt
as
provided
in
Sec.
704.5,
reports
must
be
submitted
by:
(
1)
Persons
who
manufacture
or
import
any
of
the
substances
identified
in
paragraph
(
a)
of
this
section.
(
2)
Persons
who
propose
to
manufacture
or
propose
to
import
any
of
the
substances
identified
in
paragraph
(
a)
of
this
section.
For
the
purposes
of
importer
reporting
under
this
section,
an
import
site
is
the
operating
unit
within
the
person's
organization
which
is
directly
responsible
for
importing
the
substance
and
which
controls
the
import
transaction;
the
import
site
may
in
some
cases
be
the
organization's
headquarters
office
in
the
United
States.
(
c)
What
information
to
report.
Persons
identified
in
paragraph
(
b)
of
this
section
must
report
to
EPA,
for
each
of
the
substances
identified
in
paragraph
(
a)
of
this
section,
the
following
information
to
the
extent
known
to
or
reasonably
ascertainable
by
them.
(
1)
Initial
Report:
(
i)
Name
and
Chemical
Abstracts
Service
Registry
Number
of
the
substance
for
which
the
report
is
submitted.
(
ii)
Company
name
and
headquarters
address.
(
iii)
Name,
address,
and
telephone
number
of
the
principal
technical
contact.
(
iv)
The
total
quantity
(
by
weight
in
pounds)
of
the
substance
manufactured
or
imported
for
the
person's
most
recently
completed
corporate
fiscal
year.
(
v)
A
description
of
the
commercial
uses
of
the
substance
during
the
person's
most
recently
completed
corporate
fiscal
year,
including
the
production
volume
for
each
use.
(
vi)
The
estimated
quantity
(
by
weight
in
pounds)
of
the
substance
proposed
to
be
manufactured
or
imported
in
the
person's
current
corporate
fiscal
year.
(
vii)
A
description
of
the
intended
commercial
uses
of
the
substance
during
the
person's
current
corporate
fiscal
year,
including
the
estimated
production
volume
for
each
use.
(
2)
Follow­
up
Report:
(
i)
Name
and
Chemical
Abstracts
Service
Registry
Number
of
the
substance
for
which
the
report
is
submitted.
(
ii)
Company
name
and
headquarters
address.
(
iii)
Name,
address,
and
telephone
number
of
the
principal
technical
contact.
(
iv)
The
estimated
quantity
(
by
weight
in
pounds)
of
the
substance
proposed
to
be
manufactured
or
imported
in
the
person's
current
corporate
fiscal
year.
(
v)
A
description
of
the
intended
commercial
uses
of
the
substance
during
the
person's
current
corporate
fiscal
year,
including
the
estimated
production
volume
for
each
use.
(
d)
When
to
report.
(
1)
Persons
specified
in
paragraph
(
b)(
1)
of
this
section
who
are
manufacturing
or
importing
the
substance
as
of
December
5,
1988
must
submit
an
initial
report
described
in
paragraph
(
c)(
1)
of
this
section
by
January
3,
1989.
(
2)
Persons
specified
in
paragraph
(
b)(
2)
of
this
section
must
submit
an
initial
report
within
30
days
after
making
the
management
decision
described
in
Sec.
704.3
or
by
January
3,
1989,
whichever
is
later.
(
3)
Persons
specified
in
paragraph
(
b)
of
this
section,
who
submitted
a
report
described
in
paragraph
(
c)(
1)
of
this
section,
must
submit
a
follow­
up
report
described
in
paragraph
(
c)(
2)
of
this
section
within
30
days
of
making
the
management
decision,
described
at
Sec.
704.3,
to
do
either
of
the
following
events:
(
i)
Manufacture
or
import
the
substance
in
a
quantity
50
percent
greater
than
the
quantity
reported
in
the
most
recently
submitted
report.
(
ii)
Manufacture
or
import
the
substance
for
a
use
not
reported
for
that
substance
in
any
previous
report.
(
e)
Certification.
Persons
subject
to
this
section
must
attach
the
following
statement
to
any
information
submitted
to
EPA
in
response
to
this
section:
  
I
hereby
certify
that,
to
the
best
of
my
knowledge
and
belief,
all
of
the
attached
information
is
complete
and
accurate.''
This
statement
must
be
signed
and
dated
by
the
company's
principal
technical
contact.
(
f)
Recordkeeping.
Persons
subject
to
the
reporting
requirements
of
this
section
must
retain
documentation
of
information
contained
in
their
reports
for
a
period
of
5
years
from
the
date
of
the
submission
of
the
report.

[
53
FR
41337,
Oct.
21,
1988,
as
amended
at
58
FR
34204,
June
23,
1993]

Sec.
704.102
Hexachloronorbornadiene.

(
a)
Definitions.
(
1)
Endrin
means
the
pesticide
2,7:
3,6­
Dimethano­
naphth[
2,3­
b]
oxirene,
3,4,5,6,9,9­
hexachloro­
1a,
2,2a,
3,6,6a,
7,7a­
octahydro­,
(
1aalpha,
2beta,
2abeta,
3alpha,
6alpha,
6abeta,
7beta,
7aalpha)­,
CAS
Number
72­
20­
8.
(
2)
HEX­
BCH
means
the
chemical
substance
1,2,3,4,7,7­
hexachloronorbornadiene,
CAS
Number
3389­
71­
7.
(
3)
Isodr
in
means
the
pest
icide
1,4:
5,8­
Dimethanonaphthalene,
1,2,3,4,10,10­
hexacholoro­
1,4,4a,
5,8,8a­
hexahydro­,
(
1alpha,
4alpha,
4abeta,
5beta,
8beta,
8abeta)­,
CAS
Number
465­
73­
6.
(
4)
Small
business
means
any
manufacturer,
importer,
or
processor
who
meets
either
paragraph
(
a)(
4)(
i)
or
(
ii)
of
this
section:
(
i)
A
business
is
small
if
its
total
annual
sales,
when
combined
with
those
of
its
parent
(
if
any),
are
less
than
$
40
million.
However,
if
the
annual
manufacture,
importation,
or
processing
volume
of
a
particular
chemical
substance
at
any
individual
site
owned
or
controlled
by
the
business
is
greater
than
45,400
kilograms
(
100,000
pounds),
the
business
shall
not
qualify
as
small
for
purposes
of
reporting
on
the
manufacture,
importation,
or
processing
of
that
chemical
substance
at
that
site,
unless
the
business
qualifies
as
small
under
paragraph
(
a)(
4)(
ii)
of
this
section.
(
ii)
A
business
is
small
if
its
total
annual
sales,
when
combined
with
those
of
its
parent
company
(
if
any),
are
less
than
$
4
million,
regardless
of
the
quantity
of
the
particular
chemical
substance
manufactured,
imported,
or
processed
by
that
business.
(
iii)
For
imported
and
processed
mixtures
containing
HEX­
BCH,
the
45,400
kilograms
(
100,000
pounds)
standard
in
paragraph
(
a)(
4)(
i)
of
this
section
applies
only
to
the
amount
of
HEX­
BCH
in
a
mixture
and
not
the
other
components
of
the
mixture.
(
5)
8­
hour
time
weighted
average
means
the
cumulative
exposure
for
an
8­
hour
work
shift
computed
as
follows:

C<
INF>
a</
INF>
T<
INF>
a</
INF>+
C<
INF>
b</
INF>
T<
INF>
b</
INF>+
.
.
.
C<
INF>
n</
INF>
T<
INF>
n</
INF>
E
=
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

8
Where:
E
is
the
equivalent
exposure
for
the
working
shift.
C<
INF>
i</
INF>
is
the
concentration
(
i.
e.,
parts
per
million)
during
any
period
of
time
(
T<
INF>
i</
INF>)
where
the
concentration
remains
constant.
T<
INF>
i</
INF>
is
the
duration
in
hours
of
the
exposure
at
the
concentration
C<
INF>
i</
INF>.

(
6)
Year
means
corporate
fiscal
year.
(
b)
Persons
who
must
report.
(
1)
Reports
must
be
submitted
by:
(
i)
Persons
who
are
manufacturing,
importing,
or
processing
HEX­
BCH
for
use
as
an
intermediate
in
the
production
or
isodrin
or
endrin
on
or
after
January
2,
1986;
and
(
ii)
Persons
who
propose
to
manufacture,
import,
or
process
HEX­
BCH
for
use
as
an
intermediate
in
the
production
of
isodrin
or
endrin,
on
or
after
January
2,
1986.
(
2)
Persons
described
in
paragraph
(
b)(
1)
of
this
section
who
engage
or
propose
to
engage
in
more
than
one
activity
(
i.
e.,
manufacture
and
processing)
must
report
the
information
required
in
paragraph
(
d)
separately
for
each
activity.
(
c)
Persons
exempt
from
reporting.
(
1)
Small
businesses.
(
2)
Persons
described
in
Sec.
704.5(
a)
and
(
c).
(
d)
Information
to
report.
(
1)
Initial
reports
must
include,
to
the
extent
that
it
is
known
to
or
reasonably
ascertainable
by
the
person
reporting,
the
following
information:
(
i)
Company
name
and
address.
(
ii)
Name,
address,
and
telephone
number
of
the
principal
contact.
(
iii)
Name
and
address
of
plant
sites
where
HEX­
BCH
is
or
is
proposed
to
be
manufactured,
imported,
or
processed,
noting
for
each
plant
site
which
activity
takes
or
would
take
place
at
each
site.
(
iv)
If
applicable,
the
intended
date
for
initiating
the
manufacture,
import,
or
processing
of
HEX­
BCH.
(
v)
If
applicable,
the
actual
quantity
(
by
weight)
of
HEX­
BCH
manufactured,
imported,
or
processed
during
the
most
recently
concluded
year.
(
vi)
The
estimated
quantity
(
by
weight)
of
HEX­
BCH
to
be
manufactured,
imported,
or
processed
each
year
during
the
first
3
years
following
the
date
of
the
report
or
the
date
of
the
intended
start
of
manufacture,
import,
or
processing,
whichever
occurs
later.
(
vii)
For
each
year
described
in
paragraphs
(
d)(
1)
(
v)
and
(
vi)
of
this
section:
the
number
or
expected
number
of
employees
exposed
to
HEX­
BCH
during
the
manufacture,
import,
processing,
distribution
in
commerce,
use,
and
disposal;
the
routes
of
exposure;
and
the
8­
hour
time
weighted
average
of
exposure.
(
viii)
If
employees
are
exposed
or
expected
to
be
exposed
to
HEX­
BCH,
state
for
each
reported
route
of
exposure,
whether
personal
protective
equipment
is
used
or
expected
to
be
used,
and
a
description
of
the
personal
protective
equipment.
(
ix)
The
actual
or
anticipated
quantity,
content,
method
of
disposal,
and
disposal
site
of
any
wastes
generated
or
expected
to
be
generated
during
the
manufacture,
importation,
or
processing
of
HEX­
BCH.
(
2)
Subsequent
reports
must
provide,
to
the
extent
known
to
or
reasonably
ascertainable
by
the
person
reporting,
the
information
in
paragraph
(
d)(
1)
of
this
section
and
a
statement
explaining
why
the
subsequent
report
is
required.
(
e)
When
to
report.
(
1)
Persons
who
are
manufacturing,
importing,
or
processing
HEX­
BCH
on
January
2,
1986,
must
submit
an
initial
report
to
EPA
by
February
3,
1986.
(
2)
Persons
who
propose
to
manufacture,
import,
or
process
HEX­
BCH
on
or
after
January
2,
1986,
must
submit
an
initial
report
to
EPA
by
February
3,
1986,
or
30
days
after
making
the
management
decision
described
in
Sec.
704.3
"
Propose
to
manufacture,
import,
or
process,"
whichever
is
later
in
time.
(
3)
Persons
described
in
paragraph
(
b)
of
this
section,
who
have
submitted
a
report
described
in
paragraph
(
d)
of
this
section,
must
submit
a
subsequent
report
within
30
days
of
any
of
the
following
events.
Based
on
the
most
recently
submitted
report:
(
i)
The
manufacture,
importation,
or
processing
of
HEX­
BCH
begins
at
a
plant
site
different
than
that
reported
pursuant
to
paragraph
(
d)(
1)(
iii)
of
this
section.
(
ii)
The
actual
quantity
(
by
weight)
of
HEX­
BCH
manufactured,
imported,
or
processed
in
a
given
year
is
greater
than
or
equal
to
200
percent
of
the
estimated
value
for
that
year
reported
pursuant
to
paragraph
(
d)(
1)(
vi)
of
this
section.
(
iii)
The
total
number
of
employees
exposed
to
HEX­
BCH
is
greater
than
130
percent
of
the
projected
value
reported
pursuant
to
paragraph
(
d)(
1)(
vii)
of
this
section.
(
iv)
The
route
of
exposures
to
HEX­
BCH
differs
from
that
reported
pursuant
to
paragraph
(
d)(
1)(
vii)
of
this
section.
(
v)
The
actual
8­
hour
time
weighted
average
exposure
for
any
activity
exceeds
the
projection
reported
pursuant
to
paragraph
(
d)(
1)(
vii)
of
this
section
by
more
than
100
percent.
(
vi)
The
method
of
disposal
or
disposal
site
reported
pursuant
to
paragraph
(
d)(
1)(
ix)
of
this
section
has
changed.
(
vii)
Three
years
have
passed
since
the
most
recent
submission
of
a
report
and
the
person
is
still
engaged
in
the
manufacture,
importation,
or
processing
of
HEX­
BCH.
(
f)
Certification
of
review.
Each
person
who
submits
a
report
under
this
section
must
for
3
years
following
the
submission
date
of
the
most
recent
submission,
review
their
activities
at
the
end
of
each
year
to
determine
whether
any
reportable
event
specified
in
paragraph
(
e)(
3)
of
this
section
has
occurred.
If
a
review
shows
that
none
of
these
events
has
occurred,
the
person
is
required
to
certify
this
fact
in
writing.
(
g)
Recordkeeping.
Any
person
subject
to
the
reporting
requirements
of
this
section
must:
(
1)
Retain
documentation
of
information
contained
in
their
reports.
This
documentation
must
be
maintained
for
a
period
of
3
years
from
the
date
of
the
submission
of
the
report;
and
(
2)
Retain
the
certification
required
by
paragraph
(
f)
of
this
section
for
3
years
from
the
date
of
its
creation.

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

Sec.
704.104
Hexafluoropropylene
oxide.

(
a)
Definitions.
(
1)
"
HFPO"
means
the
chemical
substance
hexafluoropropylene
oxide,
CAS
Number
428­
59­
1.
[
Listed
in
TSCA
Inventory
as
oxirane,
trifluoro(
trifluoromethyl)­]
(
2)
"
Enclosed
process"
means
a
process
that
is
designed
and
operated
so
that
there
is
no
intentional
release
of
any
substance
present
in
the
process.
A
process
with
fugitive,
inadvertent,
or
emergency
pressure
relief
releases
remains
an
enclosed
process
so
long
as
measures
are
taken
to
prevent
worker
exposure
to
and
environmental
contamination
from
the
releases.
(
3)
"
Small
processor"
means
a
processor
that
meets
either
the
standard
in
paragraph
(
a)(
3)(
i)
of
this
section
or
the
standard
in
paragraph
(
a)(
3)(
ii)
of
this
section.
(
i)
First
standard.
A
processor
of
a
chemical
substance
is
small
if
its
total
annual
sales,
when
combined
with
those
of
its
parent
company,
if
any,
are
less
than
$
40
million.
However,
if
the
annual
processing
volume
of
a
particular
chemical
substance
at
any
individual
site
owned
or
controlled
by
the
processor
is
greater
than
45,400
kilograms
(
100,000
pounds),
the
processor
shall
not
qualify
as
small
for
purposes
of
reporting
on
the
processing
of
that
chemical
substance
at
that
site,
unless
the
processor
qualifies
as
small
under
paragraph
(
a)(
3)(
ii)
of
this
section.
(
ii)
Second
standard.
A
processor
of
a
chemical
substance
is
small
if
its
total
annual
sales,
when
combined
with
those
of
its
parent
company
(
if
any),
are
less
than
$
4
million,
regardless
of
the
quantity
of
the
particular
chemical
substance
processed
by
that
company.
(
iii)
Inflation
index.
EPA
will
use
the
Inflation
Index
described
in
the
definition
of
"
small
manufacturer"
that
is
set
forth
in
Sec.
704.3
for
purposes
of
adjusting
the
total
annual
sales
values
of
this
small
processor
definition.
EPA
will
provide
Federal
Register
notification
when
changing
the
total
annual
sales
values
of
this
definition.
(
b)
Persons
who
must
report.
Except
as
provided
in
paragraph
(
c)
of
this
section,
the
following
persons
are
subject
to
this
section:
(
1)
Persons
who
manufacture
or
propose
to
manufacture
HFPO
for
use
as
an
intermediate
in
the
manufacture
of
fluorinated
substances
in
an
enclosed
process.
(
2)
Persons
who
import
or
propose
to
import
HFPO
for
use
as
an
intermediate
in
the
manufacture
of
fluorinated
substances
in
an
enclosed
process.
(
3)
Persons
who
process
or
propose
to
process
HFPO
as
an
intermediate
in
the
manufacture
of
fluorinated
substances
in
an
enclosed
process.
(
c)
Persons
not
subject
to
this
rule.
The
following
persons
are
not
subject
to
this
rule:
(
1)
Small
processors.
(
2)
Persons
described
in
Sec.
704.5
(
a)
through
(
d).
(
3)
Persons
who
have
already
submitted
to
EPA
a
completed
copy
of
the
Preliminary
Assessment
Information
Manufacturer's
Report
(
EPA
Form
7710­
35,
as
described
at
Sec.
712.28
of
this
chapter)
for
HFPO
are
not
required
to
report
under
this
section
with
respect
to
activities
previously
reported
on.
(
d)
What
information
to
report.
Persons
identified
in
paragraph
(
b)
of
this
section
must
submit
a
Premanufacture
Notice
Form
(
EPA
Form
7710­
25).
(
e)
When
to
report.
(
1)
Persons
who
are
manufacturing,
importing,
or
processing,
or
who
propose
to
manufacture,
import,
or
process
HFPO
for
use
as
an
intermediate
in
the
manufacture
of
fluorinated
substances
in
an
enclosed
process
as
of
December
10,
1987,
must
report
by
February
8,
1988.
(
2)
Persons
who
propose
to
manufacture,
import,
or
process
HFPO
for
use
as
an
intermediate
in
the
manufacture
of
fluorinated
substances
in
an
enclosed
process
after
December
10,
1987,
must
report
within
30
days
after
making
a
firm
management
decision
to
commit
financial
resources
for
the
manufacturing,
importing,
or
processing
of
HFPO.
(
f)
Recordkeeping.
Persons
subject
to
the
reporting
requirements
of
this
section
must
retain
documentation
of
information
contained
in
their
reports
for
a
period
of
5
years
from
the
date
of
submission
of
the
reports.
(
g)
Where
to
send
reports.
Reports
must
be
submitted
by
certified
mail
to
the
Document
Control
Office
(
7407),
Office
of
Pollution
Prevention
and
Toxics,
U.
S.
Environmental
Protection
Agency,
Room
G­
099,
401
M
St.,
SW.,
Washington,
DC.,
20460,
ATTN:
HFPO
Reporting.

[
52
FR
41299,
Oct.
27,
1987,
as
amended
at
58
FR
34204,
June
23,
1993;
60
FR
16308,
Mar.
29,
1995;
60
FR
31920,
June
19,
1995;
60
FR
34463,
July
3,
1995]

Sec.
704.175
4,4'­
methylenebis(
2­
chloroaniline)
(
MBOCA).

(
a)
Substance
subject
to
reporting.
The
chemical
substance
4,4'­
methylenebis(
2­
chloroaniline)
(
CAS
No.
101­
14­
4)
is
subject
to
reporting
under
this
section.
The
substance
also
is
identified
as
4,4'­
methylenebis(
2­
chlorobenzenamine)
and
MBOCA.
(
b)
Persons
who
must
report.
Except
as
provided
in
paragraph
(
c)
of
this
section,
the
following
persons
are
subject
to
this
rule.
(
1)
Persons
who
propose
to
manufacture
MBOCA
in
the
United
States
on
or
after
June
2,
1986.
(
2)
Persons
who
are
manufacturing
MBOCA
in
the
United
States
as
of
June
2,
1986.
(
3)
Persons
manufacturing
MBOCA
in
the
United
States
on
or
after
June
2,
1986
who
propose
to
change
their
manner
or
method
of
manufacturing
the
substance
from
a
manner
or
method
of
manufacturing
that
previously
was
reported
under
this
section.
(
c)
Persons
not
subject
to
this
rule.
The
following
persons
are
exempt
from
the
reporting
requirements
of
this
section:
(
1)
Persons
who
import
MBOCA
into
the
customs
territory
of
the
United
States
and
do
not
otherwise
manufacture
the
substance
in
the
United
States.
(
2)
Persons
who
complied
with
the
requirements
of
this
section
prior
to
June
2,
1986
and
received
written
notification
of
compliance
from
EPA.
(
d)
What
information
to
report.
Persons
who
are
subject
to
this
rule
as
described
in
paragraph
(
b)
of
this
section
must
report
information
to
EPA
by
completing
the
following
parts
of
the
notice
form
contained
in
appendix
A
to
part
720
of
this
chapter:
Parts
I.
A.,
I.
B.,
I.
C.
1.,
I.
C.
3.,
and
II.
A.;
also,
part
III
as
appropriate.
Persons
subject
to
the
requirements
of
this
section
also
must
submit
a
narrative
description
of
any
processing
and
packaging
of
MBOCA
that
occurs
at
the
manufacturing
plant
site,
including
the
number
of
workers
potentially
exposed
to
MBOCA
during
on­
site
processing
and
packaging
of
MBOCA
and
a
description
of
any
personal
protective
equipment
and/
or
engineering
controls
that
would
be
used
to
prevent
release
of
and
exposure
to
MBOCA
during
on­
site
processing
and
packaging.
Persons
subject
to
the
requirements
of
this
section
are
not
required
to
submit
information
on
processing
or
use
of
MBOCA
away
from
the
manufacturing
plant
site.
Respondents
to
this
rule
shall
report
all
information
that
is
known
to
or
reasonably
ascertainable
by
the
person
reporting.
(
e)
When
to
report.
(
1)
Persons
specified
in
paragraph
(
b)(
1)
of
this
section
must
report
by
July
2,
1986
or
within
30
days
after
making
a
firm
management
decision
to
commit
financial
resources
for
the
manufacture
of
MBOCA,
whichever
is
later
in
time.
(
2)
Persons
specified
in
paragraph
(
b)(
2)
of
this
section
must
report
by
July
2,
1986.
(
3)
Persons
specified
in
paragraph
(
b)(
3)
of
this
section
must
report
within
30
days
of
making
a
firm
management
decision
to
commit
financial
resources
to
change
their
manner
or
method
of
manufacturing
the
substance
from
a
manner
or
method
of
manufacturing
that
previously
was
reported
under
this
section.

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