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:
Correction
of
Misreported
Chemical
Substances
on
the
Toxic
Substances
Control
Act
(
TSCA)
Chemical
Substance
Inventory
EPA
ICR
No.:
1741.04
OMB
Control
No.:
2070­
0145
l(
b)
Short
Characterization
Under
section
8(
b)
of
the
Toxic
Substances
Control
Act
(
TSCA),
the
Environmental
Protection
Agency
(
EPA)
is
required
to
compile
and
keep
current
an
Inventory
of
Chemical
Substances
in
Commerce
(
hereinafter
"
the
Inventory"),
which
is
a
listing
of
chemical
substances
manufactured,
imported
and
processed
for
commercial
purposes
in
the
United
States.
Individual
plant
or
factory
sites
producing
chemicals
will
submit
the
required
information.

This
information
collection
request
pertains
to
the
use
of
the
TSCA
Chemical
Substance
Inventory
Reporting
Form
C
(
EPA
Form
7710­
3C),
which
is
used
exclusively
by
the
chemical
industry
in
submitting
requests
to
EPA's
Office
of
Pollution
Prevention
and
Toxics
(
OPPT)
for
correcting
misreported
chemical
identities
of
substances
listed
on
the
Inventory.
Such
requests
pertain
only
to
errors
discovered
in
the
original
submissions
to
the
Inventory
when
the
Inventory
was
first
established
in
1979.

Each
year,
OPPT
receives
approximately
10
such
correction
requests
from
chemical
companies
or
their
legal
representatives.
In
almost
all
cases,
these
requests
for
correction
are
initiated
by
a
submitter
who
wishes
to
correct
the
chemical
identity
of
a
substance
that
was
previously
misreported
for
the
Inventory.
The
correction
mechanism
allows
the
submitter
to
add
the
correct
substance
to
the
Inventory
without
having
to
file
a
Premanufacture
Notice
(
PMN)
under
TSCA
section
5.

In
submitting
a
request
for
correction,
the
submitter
provides
certain
basic
information
on
Form
C.
This
information
is
stored
in
one
of
EPA's
mainframe
computers.
Most
importantly,
this
information
allows
OPPT
to
establish
a
correct
chemical
identity
that
accurately
reflects
the
substance
the
submitter
manufactures.
Since
the
Inventory
performs
a
regulatory
function
by
distinguishing
between
an
existing
chemical
and
a
new
chemical,
it
is
imperative
that
the
Inventory
be
accurate.
A
correct
Inventory
also
ensures
the
accuracy
of
EPA's
chemical
screening
and
risk
assessment
activities.
­
2
­
2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
Under
TSCA,
EPA
is
required
to
identify,
assess
and
control
risks
of
injury
to
human
health
and
the
environment
posed
by
commercial
chemicals.
TSCA
section
8(
b)
requires
EPA
to
compile
and
keep
current
a
complete
list
of
chemical
substances
manufactured
or
processed
in,
or
imported
into,
the
United
States.
Under
TSCA
section
8(
a)
the
Administrator
of
EPA
shall
promulgate
rules
to
provide
for
the
maintenance
and
collection
of
records
from
manufacturers,
importers
and
processors
of
commercial
chemicals.
The
Inventory
Update
Rule
(
IUR),
which
is
used
periodically
to
update
the
TSCA
section
8(
b)
Inventory,
is
codified
at
40
CFR
710.
Copies
of
the
relevant
sections
of
TSCA
and
of
the
Code
of
Federal
Regulations
are
attached
(
see
Attachments
1
and
2,
respectively).

The
purpose
of
the
Inventory
is
to
define,
for
the
purpose
of
TSCA,
what
chemical
substances
exist
in
U.
S.
commerce.
Substances
not
included
on
the
Inventory
are
considered
to
be
new
substances
that
are
subject
to
the
Premanufacture
Notification
(
PMN)
requirements
stipulated
under
section
5(
a)
of
TSCA.

The
need
for
correcting
chemical
identities
listed
on
the
Inventory
arose
following
the
initial
Inventory
reporting
period,
when
both
EPA
and
the
chemical
industry
recognized
that
substances
submitted
for
inclusion
in
the
initial
Inventory
could
be,
for
various
reasons,
incorrectly
described
by
reporting
companies.
EPA
determined
that
reported
substances
may
have
been
unintentionally
misidentified
as
a
result
of
simple
typographical
errors,
the
misidentification
of
substances,
or
the
lack
of
sufficient
technical
or
analytical
capabilities
fully
to
characterize
the
exact
chemical
substances.
Although
not
required
to
do
so
under
TSCA,
EPA
developed
guidelines,
at
the
request
of
industry,
under
which
the
chemical
identities
of
incorrectly
described
substances
listed
in
the
Inventory
could
be
corrected.
These
guidelines
were
published
in
the
Federal
Register
on
July
29,
1980
(
45
FR
50544);
see
Attachment
3.

For
the
Inventory
to
perform
its
regulatory
function,
it
must
accurately
identify
those
substances
that
exist
in
U.
S.
commerce.
Otherwise
the
Inventory
will
not
be
able
to
provide
reliable
information
that
EPA
needs
in
performing
chemical
screening
and
risk
assessment
activities
under
TSCA.
The
submitter,
on
the
other
hand,
must
be
certain
that
the
substance
he/
she
manufactures
or
imports
is
correctly
identified
on
the
Inventory,
so
that
he/
she
will
be
in
full
compliance
with
TSCA
reporting
requirements.
The
correction
mechanism
ensures
the
accuracy
of
the
Inventory
without
imposing
an
unreasonable
burden
on
the
chemical
industry.
Without
the
Inventory
correction
mechanism,
a
submitter
would
have
to
file
a
PMN
to
place
the
correct
chemical
substance
on
the
Inventory
whenever
the
previously
reported
substance
is
found
to
be
misidentified.
This
would
impose
a
much
greater
burden
on
both
EPA
and
the
submitter
than
the
existing
correction
mechanism.
­
3
­
2(
b)
Practical
Utility/
Users
of
the
Data
OPPT
will
use
the
data
contained
in
the
correction
request
to
alter
the
incorrect
chemical
identities
in
the
Inventory
so
that
the
information
becomes
complete
and
accurate.
Many
branches
of
the
Agency
rely
on
the
Inventory
when
making
regulatory
decisions.
Within
OPPT,
the
Inventory
is
frequently
used
by
the
Chemical
Control
Division
(
CCD)
and
the
Interagency
Testing
Committee
(
ITC).
Both
CCD
and
the
ITC
rely
on
the
accuracy
of
the
Inventory
for
screening
chemical
substances
for
further
attention
or
testing.
Were
the
Inventory
inaccurate,
CCD
or
the
ITC
could
inadvertently
screen
a
fictitious
chemical,
i.
e.,
a
misreported
substance
not
yet
corrected
on
the
Inventory.

As
well
as
providing
vital
government
service,
the
Inventory
provides
information
necessary
to
members
of
industry.
Correspondence
between
the
private
and
public
sectors
of
the
U.
S.
concerning
the
Inventory
is
ceaseless.
Hundreds
of
inquiries
regarding
the
Inventory
are
received
by
OPPT
each
year.
These
letters
are
primarily
requests
for
Chemical
Abstracts
Service
(
CAS)
Registry
Numbers
or
Accession
Numbers
assigned
to
a
substance,
although
a
variety
of
other
requests
regarding
TSCA
are
received
by
the
Agency.

One
such
variety
expresses
a
bona
fide
intent
to
manufacture
a
chemical
substance.
A
"
bona
fide"
letter
requests
a
formal
search
of
the
Inventory
for
a
particular
chemical
substance.
If
the
substance
is
included
on
the
Inventory,
the
potential
manufacturer
need
not
submit
a
Premanufacture
Notice
(
PMN).
Since
failure
to
submit
a
PMN
for
a
substance
not
included
on
the
Inventory,
i.
e.,
a
new
chemical,
would
constitute
a
violation
of
TSCA,
the
Inventory
must
be
correct
to
ensure
that
only
substances
that
are
actually
manufactured
are
included.
An
Inventory
correction
letter
requests
a
change
in
the
Inventory
to
correct
a
previously
misreported
substance.
This
correction
mechanism
allows
the
Inventory
to
be
kept
accurately,
thus
ensuring
that
the
Agency's
responses
to
industry
inquiries,
e.
g.,
bona
fide,
Accession
Number
and
CAS
Registry
Number
requests,
are
accurate.
Furthermore,
an
accurate
Inventory
also
ensures
that
the
Agency
performs
risk
assessments
on
the
correct
chemical
substance
and
that
industry
will
not
need
to
submit
unnecessary
PMNs.

3.
NON­
DUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Non­
Duplication
Not
applicable:
the
required
data
can
only
be
provided
by
the
submitter
and
no
other
government
agency
collects
such
information.
­
4
­
3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
Prior
to
submission
to
OMB,
this
ICR
will
be
made
available
to
the
public
for
comment
through
a
Federal
Register
notice.
The
public
will
have
60
days
to
provide
comments.
Any
comments
received
will
be
given
consideration
when
completing
the
supporting
statement
that
is
submitted
to
OMB.

3(
c)
Consultations
Prior
to
estimating
the
costs
to
the
government
and
the
respondents,
EPA
consulted
with
the
following:

o
Interagency
Testing
Committee
o
Scientific
and
Regulatory
Solutions
o
Greenwich
Chemical
Consulting,
Inc.
o
Chemical
Abstracts
Service
All
of
the
groups
supported
EPA's
efforts
to
update
the
Inventory
data
base.
EPA
has
continually
consulted
with
industry
during
and
following
the
Inventory
reporting
periods.
Companies
have
provided
suggestions
concerning
improvements
in
implementation
of
the
information
collection.
Because
the
number
of
correction
requests
submitted
by
industry
continues
to
decrease,
the
companies
submitting
comments
for
this
endeavor
represent
close
to
half
of
those
companies
using
the
Form
C
during
the
past
year.

3(
d)
Effects
of
Less
Frequent
Collection
Not
applicable,
since
the
frequency
of
correction
depends
wholly
on
industry.

3(
e)
General
Guidelines
To
the
best
of
EPA's
knowledge,
this
collection
does
not
exceed
any
of
the
Paperwork
Reduction
Act
guidelines
at
5
CFR
1320.6.

3(
f)
Confidentiality
Respondents
may
claim
information
submitted
to
EPA
on
the
correction
form
as
confidential
if
release
of
such
information
would
reveal
the
submitter's
trade
secrets
or
proprietary
information,
as
defined
by
TSCA
section
14.
Any
information
submitted
on
this
form,
except
the
identity
of
a
chemical
substance
that
has
not
been
claimed
as
confidential
in
the
existing
Inventory
data
base,
may
be
claimed
as
confidential.
Claims
of
confidentiality
must
be
asserted
at
the
time
information
is
submitted
to
EPA
and
only
in
the
manner
specified
by
EPA.
­
5
­
EPA
has
established
procedures
for
handling,
storing,
processing,
and
disposing
of
TSCA
confidential
business
information
(
CBI),
in
accordance
with
stipulations
set
forth
at
40
CFR
Part
2,
subpart
B.
In
general,
confidential
information
is
housed
in
secured
areas
and
can
only
be
accessed
by
persons
specifically
authorized
by
EPA.
Access
to
computer
systems
containing
TSCA
CBI
is
further
restricted
to
those
who
have
a
need
for
access
and
such
systems
must
be
accessed
via
special
computer
terminals
in
a
restricted
area.
Furthermore,
any
transfer
of
TSCA
CBI
from
EPA
to
another
agency
is
strictly
governed
by
the
procedures
set
forth
in
40
CFR
Part
2,
subpart
B,
and
the
Agency
receiving
such
information
must
agree
to
comply
fully
with
EPA
procedures.

Furthermore,
this
information
collection
fully
complies
with
the
requirements
of
the
Privacy
Act
of
1974
and
OMB
Circular
A­
108.

3(
g)
Sensitive
Questions
Not
applicable;
this
information
collection
does
not
include
questions
of
a
sensitive
nature.

4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents/
NAICS
Codes
The
respondent
community
consists
of
persons
manufacturing
or
importing
chemicals
listed
on
the
Inventory
and
regulated
under
TSCA
section
8.
In
general,
the
industry
segments
that
compose
the
respondent
community
for
this
information
collection
are
those
that
produce
or
import
organic
chemicals,
who
have
already
reported
to
the
initial
Inventory
effort,
and
who
need
to
make
a
correction
to
that
submission.
Using
North
American
Industry
Classification
System
(
NAICS)
codes,
these
persons
are
typically
classified
under
Chemical
Manufacturing
(
NAICS
325)
and
Petroleum
and
Coal
Product
Manufacturing
(
NAICS
324).

4(
b)
Information
Requested
(
i)
Data
Items
The
correction
request
form
requires
the
submitter
to
include
information
concerning
the
chemical
substance
identity,
plant
site,
production
volume,
site
limitations,
and
import/
export
of
the
substance,
if
applicable.

(
ii)
Respondent
Activities
Most
of
the
information
contained
on
the
Form
C
reporting
form
is
readily
accessible
to
the
submitter
as
"
customary
business
practices,"
such
as
production
and
site­
limitation
data.
The
remaining
information
is
equally
apparent,
e.
g.,
plant
site
location
and
whether
the
submitter
­
6
­
imports
or
manufactures.

With
regard
to
the
chemical
substance
identity
requirement,
such
data
should
be
predetermined
before
the
time
of
an
Inventory
correction
submission.
Since
corrections
to
the
Inventory
are
almost
exclusively
initiated
by
industry,
the
submitter
presumably
has
already
determined
the
new
chemical
substance
identity
before
he/
she
is
able
to
conclude
that
the
substance
was
previously
misidentified.
Therefore,
the
information
required
to
submit
a
correction
request
is
based
on
data
readily
available
to
the
submitter,
who
needs
only
to
transpose
the
data
to
the
form
provided
by
the
Agency.

Furthermore,
if,
for
whatever
reason,
the
submitter
is
unable
to
produce
a
suitable
technical
name
for
the
corrected
substance,
he/
she
need
only
provide
the
Agency
with
information
concerning
the
reaction
mechanism,
including
all
reactants.
In
such
a
case,
EPA
will
devise
an
appropriate
name
for
the
chemical
substance.

It
is
significant
to
note
that
in
almost
all
cases
it
is
industry,
not
EPA,
that
initiates
correction
requests.
The
Agency
does
not
require
industry
to
provide
correction
information
nor
does
EPA
have
an
obligation
to
provide
a
correction
mechanism
or
to
specify
a
reporting
format.
The
mechanism
exists
at
the
request
of
industry
and
the
EPA
form
is
used
because
it
reduces
the
burden
on
both
the
Agency
and
industry
by
providing
a
clear
format
for
the
data.
Because
the
Form
C
has
been
in
use
since
the
initial
Inventory
reporting
period,
submitters
should
be
familiar
with
the
format
and
with
the
information
needed
to
complete
the
form.
Furthermore,
use
of
the
form
guards
against
delays
due
to
incomplete
submissions,
as
the
form
clearly
outlines
the
required
information.

5.
THE
INFORMATION
COLLECTED
­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
As
a
result
of
the
correction
mechanism,
the
Agency
must
review
the
original
submissions
to
determine
whether
a
correction
is
needed.
Once
EPA
confirms
the
validity
of
the
correction,
the
Agency
will
process
the
correction
information.
EPA
will
maintain
the
confidentiality
of
the
information
at
the
request
of
the
submitter,
and
will
forward
the
results
to
the
Chemical
Abstracts
Service
(
CAS)
where
the
data
are
stored.
EPA
will
add
the
corrected
chemical
substance
to
the
Inventory
while
the
incorrectly
reported
substance
will
become
a
candidate
for
deletion
from
the
Inventory,
if
no
other
person
has
reported
the
same
substance,
through
notice
and
comment
rulemaking.
­
7
­
5(
b)
Collection
Methodology
and
Management
All
of
the
submitted
information,
after
processing,
is
sent
to
an
EPA
contractor,
Chemical
Abstracts
Service
(
CAS),
where
it
is
entered
on
to
a
computerized
system.
The
public
is
able
to
access
non­
confidential
data
through
commercial
on­
line
systems,
or
through
compact
discs
(
CD)
available
from
the
National
Technical
Information
Service
(
NTIS).

5(
c)
Small
Entity
Flexibility
No
small
entity
exemption
exists.
A
small
entity
exemption
would
be
meaningless
or
counterproductive
to
the
interests
of
small
entities
who
may
wish
to
submit
corrections.
In
addition,
the
amount
of
information
required
to
complete
a
correction
request
is
minimal.
Furthermore,
the
correction
cannot
be
processed
without
each
piece
of
information
requested,
as
only
essential
data
are
solicited.
Any
small
entity
simplification
of
the
correction
process
would
fail
to
provide
the
Agency
with
the
pertinent
information
needed
to
make
a
correction.

5(
d)
Collection
Schedule
Not
applicable
since
industry,
not
EPA,
initiates
the
corrections.

6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
Estimating
Respondent
Burden
This
ICR
addresses
an
information
collection
effort
that
has
been
undertaken
in
the
same
form
since
1980.
As
time
goes
by,
the
need
for
correcting
the
initial
Inventory
entries
diminishes
as
most
of
the
corrections
needed
would
have
been
discovered
and
made
by
now,
after
24
years
and
several
Inventory
Update
Rule
(
IUR)
reporting
cycles.
At
this
time
EPA
estimates
the
number
of
respondents
to
be
10
per
year.
It
is
anticipated
that
these
respondents
will
incur
a
minimal
burden
in
making
reports
to
the
Agency,
estimated
at
1.5
hours
for
a
technician
to
gather
information
and
0.5
hours
for
a
manager
to
review
and
complete
the
form
with
the
corrected
information.
This
ICR
does
not
involve
clerical
burden.
Worksheet
1,
below,
illustrates
the
estimated
burden
per
respondent
for
responding
to
this
information
collection.

6(
b)
Estimating
Respondent
Cost
Worksheet
1
illustrates
the
estimated
costs
per
respondent
for
responding
to
this
information
collection.
This
information
is
derived
from
information
provided
by
submitters,
individuals
involved
in
the
processing
of
the
forms
received,
and
previous
experience.
The
assumptions
for
wages
by
different
categories
are
based
on
information
published
by
the
Bureau
of
Labor
Statistics
and
an
analysis
adopted
from
the
Economic
Analysis
of
the
Final
Rule
to
Add
Certain
Industry
Groups
to
EPCRA
Section
313.
These
numbers
were
most
recently
adjusted
for
­
8
­
2000,
and
were
provided
by
the
Economic
and
Policy
Analysis
Branch;
Economics,
Exposure
and
Technology
Division,
of
the
Office
of
Pollution
Prevention
and
Toxics,
as
the
most
updated
numbers
available.

WORKSHEET
1:
ANNUAL
RESPONDENT
BURDEN/
COST
ESTIMATES
Burden
Hours
and
Costs
per
Respondent
by
Employee
Category
Managerial
@
$
95.55
Technical
@
$
65.96
Total
Hours
Total
Costs
Create
and
gather
information
1.5
1.5
$
98.94
Review
and
report
information
0.5
0.5
$
47.77
Subtotal
0.5
1.5
2.0
$
146.71
6(
c)
Estimating
Agency
Burden
and
Cost
Costs
associated
with
this
collection
include
the
printing
and
distributing
of
reporting
forms,
providing
reporting
assistance,
reviewing
and
processing
of
the
report
forms
and
entry
of
data
into
the
Inventory
databases.
The
time
to
review
a
correction
request
by
an
EPA
chemist
is
estimated
at
two
hours.
Assuming
costs
of
$
40.31
an
hour
(
based
on
salary
scales
for
a
GS­
13/
Step
6
chemist)
per
form,
and
the
receipt
of
approximately
10
forms,
the
cost
for
EPA
review
is
$
806.20.
Processing
of
the
forms
and
inclusion
of
the
data
into
the
computer
systems
is
estimated
at
$
271.50
per
form
(
based
on
contractor's
fee
and
estimate
of
0.5
hours
non­
exempt
time
and
1.5
hours
of
exempt
time),
for
a
total
of
$
2,715.00.
The
total
Agency
cost
would
be
$
3,521.20.
The
total
burden
found
in
reviewing
and
processing
the
forms,
based
on
two
hours
of
review
and
two
hours
of
processing
time,
would
be
40
hours.

6(
d)
Bottom
Line
Burden
Hours
and
Cost
(
i)
Respondent
Burden
The
simple
collection
(
see
Worksheet
1)
Burden:
2.0
hours
x
10
respondents
=
20
hours
Costs:
$
146.71
x
10
respondents
=
$
1,467.10.

(
ii)
Agency
Burden
The
total
Agency
burden
is
estimated
to
be
40
hours.
The
total
Agency
cost
is
estimated
to
be
$
3,118.10.

(
iii)
The
complex
collection
­
Not
applicable.
­
9
­
(
iv)
Variations
in
the
annual
bottom
line
­
Not
applicable.

6(
e)
Reasons
for
Change
in
Burden
This
request
reflects
a
decrease
of
180
hours
(
from
200
hours
to
20
hours)
in
the
total
estimated
respondent
burden
from
that
currently
in
the
OMB
inventory.
This
increase
is
due
to
a
downward
re­
estimation
of
the
annual
number
of
likely
responses
to
this
information
collection,
offset
in
part
by
an
upward
estimation
of
the
burden
per
response.
Previous
burden
estimates
were
based
on
numbers
of
responses
not
revised
accurately
in
the
past.
It
is
true
that
during
a
year
in
which
the
Inventory
Update
Rule
(
IUR)
is
active,
a
potential
exists
for
a
surge
to
occur
in
requests
to
correct
substances
erroneously
placed
on
the
Inventory
during
the
initial
reporting
period,
but
the
Agency
has
not
witnessed
this
situation.
As
time
goes
on
and
the
initial
Inventory
keeps
getting
older,
there
are
fewer
reasons
and
less
likelihood
that
companies
will
find
mistakes
they
have
not
already
found.
Thus
the
need
for
correcting
original
submissions
dating
back
to
1979
continually
decreases
and
is
projected
eventually
to
approach
zero.

6(
f)
Burden
Statement
The
annual
public
burden
for
this
collection
of
information,
which
is
approved
under
OMB
Control
No.
2070­
0145,
is
estimated
to
average
2.0
hour
per
response.
According
to
the
Paperwork
Reduction
Act,
"
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.
For
this
collection
it
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
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;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
number
for
this
information
collection
appears
above.
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
automated
collection
techniques,
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
No.
OPPT­
2004­
0117,
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
­
10
­
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
2004­
0117
and
OMB
control
number
2070­
0145
in
any
correspondence.
EPA
ICR
No.
1741.04;
OMB
Control
No.
2070­
0145
ATTACHMENT
1
Toxic
Substances
Control
Act
Section
8
15
USC
2607
US
Code
as
of:
01/
23/
00
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
a
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).

(
b)
Inventory
(
1)
The
Administrator
shall
compile,
keep
current,
and
publish
a
list
of
each
chemical
substance
which
is
manufactured
or
processed
in
the
United
States.
Such
list
shall
at
least
include
each
chemical
substance
which
any
person
reports,
under
section
2604
of
this
title
or
subsection
(
a)
of
this
section,
is
manufactured
or
processed
in
the
United
States.
Such
list
may
not
include
any
chemical
substance
which
was
not
manufactured
or
processed
in
the
United
States
within
three
years
before
the
effective
date
of
the
rules
promulgated
pursuant
to
the
last
sentence
of
subsection
(
a)(
1)
of
this
section.
In
the
case
of
a
chemical
substance
for
which
a
notice
is
submitted
in
accordance
with
section
2604
of
this
title,
such
chemical
substance
shall
be
included
in
such
list
as
of
the
earliest
date
(
as
determined
by
the
Administrator)
on
which
such
substance
was
manufactured
or
processed
in
the
United
States.
The
Administrator
shall
first
publish
such
a
list
not
later
than
315
days
after
January
1,
1977.
The
Administrator
shall
not
include
in
such
list
any
chemical
substance
which
is
manufactured
or
processed
only
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
such
research
or
analysis
for
the
development
of
a
product.
(
2)
To
the
extent
consistent
with
the
purposes
of
this
chapter,
the
Administrator
may,
in
lieu
of
listing,
pursuant
to
paragraph
(
1),
a
chemical
substance
individually,
list
a
category
of
chemical
substances
in
which
such
substance
is
included.

(
c)
Records
Any
person
who
manufactures,
processes,
or
distributes
in
commerce
any
chemical
substance
or
mixture
shall
maintain
records
of
significant
adverse
reactions
to
health
or
the
environment,
as
determined
by
the
Administrator
by
rule,
alleged
to
have
been
caused
by
the
substance
or
mixture.
Records
of
such
adverse
reactions
to
the
health
of
employees
shall
be
retained
for
a
period
of
30
years
from
the
date
such
reactions
were
first
reported
to
or
known
by
the
person
maintaining
such
records.
Any
other
record
of
such
adverse
reactions
shall
be
retained
for
a
period
of
five
years
from
the
date
the
information
contained
in
the
record
was
first
reported
to
or
known
by
the
person
maintaining
the
record.
Records
required
to
be
maintained
under
this
subsection
shall
include
records
of
consumer
allegations
of
personal
injury
or
harm
to
health,
reports
of
occupational
disease
or
injury,
and
reports
or
complaints
of
injury
to
the
environment
submitted
to
the
manufacturer,
processor,
or
distributor
in
commerce
from
any
source.
Upon
request
of
any
duly
designated
representative
of
the
Administrator,
each
person
who
is
required
to
maintain
records
under
this
subsection
shall
permit
the
inspection
of
such
records
and
shall
submit
copies
of
such
records.

(
d)
Health
and
safety
studies
The
Administrator
shall
promulgate
rules
under
which
the
Administrator
shall
require
any
person
who
manufactures,
processes,
or
distributes
in
commerce
or
who
proposes
to
manufacture,
process,
or
distribute
in
commerce
any
chemical
substance
or
mixture
(
or
with
respect
to
paragraph
(
2),
any
person
who
has
possession
of
a
study)
to
submit
to
the
Administrator
­
(
1)
lists
of
health
and
safety
studies
(
A)
conducted
or
initiated
by
or
for
such
person
with
respect
to
such
substance
or
mixture
at
any
time,
(
B)
known
to
such
person,
or
(
C)
reasonably
ascertainable
by
such
person,
except
that
the
Administrator
may
exclude
certain
types
or
categories
of
studies
from
the
requirements
of
this
subsection
if
the
Administrator
finds
that
submission
of
lists
of
such
studies
are
unnecessary
to
carry
out
the
purposes
of
this
chapter;
and
(
2)
copies
of
any
study
contained
on
a
list
submitted
pursuant
to
paragraph
(
1)
or
otherwise
known
by
such
person.

(
e)
Notice
to
Administrator
of
substantial
risks
Any
person
who
manufactures,
processes,
or
distributes
in
commerce
as
chemical
substance
or
mixture
and
who
obtains
information
which
reasonably
supports
the
conclusion
that
such
substance
or
mixture
presents
a
substantial
risk
of
injury
to
health
or
the
environment
shall
immediately
inform
the
Administrator
of
such
information
unless
such
person
has
actual
knowledge
that
the
Administrator
has
been
adequately
informed
of
such
information.

(
f)
''
Manufacture''
and
''
process''
defined
For
purposes
of
this
section,
the
terms
''
manufacture''
and
''
process''
mean
manufacture
or
process
for
commercial
purposes.
EPA
ICR
No.
1741.04;
OMB
Control
No.
2070­
0145
ATTACHMENT
2
40
CFR
710
TITLE
40­­
PROTECTION
OF
ENVIRONMENT
CHAPTER
I­­
ENVIRONMENTAL
PROTECTION
AGENCY
PART
710­­
INVENTORY
REPORTING
REGULATIONS
Sec.
710.1
Scope
and
compliance.

(
a)
This
part
establishes
regulations
governing
reporting
by
certain
persons
who
manufacture,
import,
or
process
chemical
substances
for
commercial
purposes
under
section
8(
a)
of
the
Toxic
Substances
Control
Act
(
15
U.
S.
C.
2607(
a)).
Section
8(
a)
authorizes
the
Administrator
to
require
reporting
of
information
necessary
for
administration
of
the
Act
and
requires
EPA
to
issue
regulations
for
the
purpose
of
compiling
an
inventory
of
chemical
substances
manufactured
or
processed
for
a
commercial
purpose,
as
required
by
section
8(
b)
of
the
Act.
Following
an
initial
reporting
period,
EPA
published
an
initial
inventory
of
chemical
substances
manufactured,
processed
or
imported
for
commercial
purposes.
In
accordance
with
section
8(
b),
EPA
periodically
amends
the
inventory
to
include
new
chemical
substances
which
are
manufactured
or
imported
for
a
commercial
purpose
and
reported
under
section
5(
a)(
1)
of
the
Act.
EPA
also
revises
the
categories
of
chemical
substances
and
makes
other
amendments
as
appropriate.
(
b)
Section
15(
3)
of
TSCA
makes
it
unlawful
for
any
person
to
fail
or
refuse
to
submit
information
required
under
these
reporting
regulations.
In
addition,
section
15(
3)
makes
it
unlawful
for
any
person
to
fail
to
keep,
and
permit
access
to,
records
required
by
these
regulations.
Section
16
provides
that
any
person
who
violates
a
provision
of
section
15
is
liable
to
the
United
States
for
a
civil
penalty
and
may
be
criminally
prosecuted.
Pursuant
to
section
17,
the
Government
may
seek
judicial
relief
to
compel
submission
of
section
8(
a)
information
and
to
otherwise
restrain
any
violation
of
section
15.
Note:
As
a
matter
of
traditional
Agency
policy,
EPA
does
not
intend
to
concentrate
its
enforcement
efforts
on
insignificant
clerical
errors
in
reporting.
(
c)
Each
person
who
reports
under
these
regulations
shall
maintain
records
that
document
information
reported
under
these
regulations
and,
in
accordance
with
the
Act,
permit
access
to,
and
the
copying
of,
such
records
by
EPA
officials.

[
42
FR
64572,
Dec.
23,
1977,
as
amended
at
45
FR
18375,
Mar.
21,
1980;
60
FR
31921,
June
19,
1995]

Sec.
710.2
Definitions.

In
addition
to
the
definitions
in
Sec.
704.3
in
this
chapter,
the
following
definitions
also
apply
to
this
part:
(
a)
The
following
terms
shall
have
the
meaning
contained
in
the
Federal
Food,
Drug,
and
Cosmetic
Act,
21
U.
S.
C.
321
et
seq.,
and
the
regulations
issued
under
such
Act:
Cosmetic,
device,
drug,
food,
and
food
additive.
In
addition,
the
term
food
includes
poultry
and
poultry
products,
as
defined
in
the
Poultry
Products
Inspection
Act,
21
U.
S.
C.
453
et
seq.;
meats
and
meat
food
products,
as
defined
in
the
Federal
Meat
Inspection
Act,
21
U.
S.
C.
60
et
seq.;
and
eggs
and
egg
products,
as
defined
in
the
Egg
Products
Inspection
Act,
21
U.
S.
C.
1033
et
seq.
(
b)
The
term
pesticide
shall
have
the
meaning
contained
in
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act,
7
U.
S.
C.
136
et
seq.,
and
the
regulations
issued
thereunder.
(
c)
The
following
terms
shall
have
the
meaning
contained
in
the
Atomic
Energy
Act
of
1954,
42
U.
S.
C.
2014
et
seq.,
and
the
regulations
issued
thereunder:
byproduct
material,
source
material,
and
special
nuclear
material.
(
d)
Act
means
the
Toxic
Substances
Control
Act,
15
U.
S.
C.
2601
et
seq.
(
e)
Administrator
means
the
Administrator
of
the
U.
S.
Environmental
Protection
Agency,
any
employee
or
authorized
representative
of
the
Agency
to
whom
the
Administrator
may
either
herein
or
by
order
delegate
his
authority
to
carry
out
his
functions,
or
any
other
person
who
shall
by
operation
of
law
be
authorized
to
carry
out
such
functions.
(
f)
An
article
is
a
manufactured
item:
(
1)
Which
is
formed
to
a
specific
shape
or
design
during
manufacture,
(
2)
which
has
end
use
function(
s)
dependent
in
whole
or
in
part
upon
its
shape
or
design
during
end
use,
and
(
3)
which
has
either
no
change
of
chemical
composition
during
its
end
use
or
only
those
changes
of
composition
which
have
no
commercial
purpose
separate
from
that
of
the
article
and
that
may
occur
as
described
in
Sec.
710.4(
d)(
5);
except
that
fluids
and
particles
are
not
considered
articles
regardless
of
shape
or
design.
(
g)
Byproduct
means
a
chemical
substance
produced
without
separate
commercial
intent
during
the
manufacture
or
processing
of
another
chemical
substance(
s)
or
mixture(
s).
(
h)
Chemical
substance
means
any
organic
or
inorganic
substance
of
a
particular
molecular
identity,
including
any
combination
of
such
substances
occurring
in
whole
or
in
part
as
a
result
of
a
chemical
reaction
or
occurring
in
nature,
and
any
chemical
element
or
uncombined
radical;
except
that
  
chemical
substance''
does
not
include:
(
1)
Any
mixture,
(
2)
Any
pesticide
when
manufactured,
processed,
or
distributed
in
commerce
for
use
as
a
pesticide,
(
3)
Tobacco
or
any
tobacco
product,
but
not
including
any
derivative
products,
(
4)
Any
source
material,
special
nuclear
material,
or
byproduct
material,
(
5)
Any
pistol,
firearm,
revolver,
shells,
and
cartridges,
and
(
6)
Any
food,
food
additive,
drug,
cosmetic,
or
device,
when
manufactured,
processed,
or
distributed
in
commerce
for
use
as
a
food,
food
additive,
drug,
cosmetic,
or
device.
(
i)
Commerce
means
trade,
traffic,
transportation,
or
other
commerce:
(
1)
Between
a
place
in
a
State
and
any
place
outside
of
such
State,
or
(
2)
which
affects
trade,
traffic,
transportation,
or
commerce
described
in
paragraph
(
i)(
1)
of
this
section.
(
j)
Distribute
in
commerce
and
distribution
in
commerce
when
used
to
describe
an
action
taken
with
respect
to
a
chemical
substance
or
mixture
or
article
containing
a
substance
or
mixture,
mean
to
sell
or
the
sale
of,
the
substance,
mixture,
or
article
in
commerce;
to
introduce
or
deliver
for
introduction
into
commerce,
or
the
introduction
or
delivery
for
introduction
into
commerce
of,
the
substance,
mixture,
or
article;
or
to
hold,
or
the
holding
of,
the
substance,
mixture,
or
article
after
its
introduction
into
commerce.
(
k)
EPA
means
the
U.
S.
Environmental
Protection
Agency.
(
l)
Importer
means
any
person
who
imports
any
chemical
substance
or
any
chemical
substance
as
part
of
a
mixture
or
article
into
the
customs
territory
of
the
U.
S.
and
includes:
(
1)
The
person
primarily
liable
for
the
payment
of
any
duties
on
the
merchandise,
or
(
2)
An
authorized
agent
acting
on
his
behalf
(
as
defined
in
19
CFR
1.11).
(
m)
Impurity
means
a
chemical
substance
which
is
unintentionally
present
with
another
chemical
substance.
(
n)
Intermediate
means
any
chemical
substance:
(
1)
Which
is
intentionally
removed
from
the
equipment
in
which
it
is
manufactured,
and
(
2)
which
either
is
consumed
in
whole
or
in
part
in
chemical
reaction(
s)
used
for
the
intentional
manufacture
of
other
chemical
substance(
s)
or
mixture(
s),
or
is
intentionally
present
for
the
purpose
of
altering
the
rate
of
such
chemical
reaction(
s).
Note:
The
equipment
in
which
it
was
manufactured
includes
the
reaction
vessel
in
which
the
chemical
substance
was
manufactured
and
other
equipment
which
is
strictly
ancillary
to
the
reaction
vessel,
and
any
other
equipment
through
which
the
chemical
substance
may
flow
during
a
continuous
flow
process,
but
does
not
include
tanks
or
other
vessels
in
which
the
chemical
substance
is
stored
after
its
manufacture.
(
o)
Manufacture
means
to
produce
or
manufacture
in
the
United
States
or
import
into
the
customs
territory
of
the
United
States.
(
p)
Manufacture
or
import
  
for
commercial
purposes''
means
to
manufacture
or
import:
(
1)
For
distribution
in
commerce,
including
for
test
marketing
purposes,
or
(
2)
For
use
by
the
manufacturer,
including
for
use
as
an
intermediate.
(
q)
Mixture
means
any
combination
of
two
or
more
chemical
substances
if
the
combination
does
not
occur
in
nature
and
is
not,
in
whole
or
in
part,
the
result
of
a
chemical
reaction;
except
that
  
mixture''
does
include:
(
1)
Any
combination
which
occurs,
in
whole
or
in
part,
as
a
result
of
a
chemical
reaction
if
the
combination
could
have
been
manufactured
for
commercial
purposes
without
a
chemical
reaction
at
the
time
the
chemical
substances
comprising
the
combination
were
combined
and
if,
after
the
effective
date
or
premanufacture
notification
requirements,
none
of
the
chemical
substances
comprising
the
combination
is
a
new
chemical
substance,
and
(
2)
Hydrates
of
a
chemical
substance
or
hydrated
ions
formed
by
association
of
a
chemical
substance
with
water.
(
r)
New
chemical
substance
means
any
chemical
substance
which
is
not
included
in
the
inventory
compiled
and
published
under
subsection
8(
b)
of
the
Act.
(
s)
Person
means
any
natural
or
juridicial
person
including
any
individual,
corporation,
partnership,
or
association,
any
State
or
political
subdivision
thereof,
or
any
municipality,
any
interstate
body
and
any
department,
agency,
or
instrumentality
of
the
Federal
Government.
(
t)
Process
means
the
preparation
of
a
chemical
substance
or
mixture,
after
its
manufacture,
for
distribution
in
commerce
(
1)
in
the
same
form
or
physical
state
as,
or
in
a
different
form
or
physical
state
from,
that
in
which
it
was
received
by
the
person
so
preparing
such
substance
or
mixture,
or
(
2)
as
part
of
a
mixture
or
article
containing
the
chemical
substance
or
mixture.
(
u)
Process
for
  
commercial
purposes''
means
to
process
(
1)
for
distribution
in
commerce,
including
for
test
marketing
purposes,
or
(
2)
for
use
as
an
intermediate.
(
v)
Processor
means
any
person
who
processes
a
chemical
substance
or
mixture.
(
w)
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
manufacturing
plant
on
a
single
site.
For
the
purposes
of
imported
chemical
substances,
the
site
shall
be
the
business
address
of
the
importer.
(
x)
Small
maufacturer
or
importer
means
a
manufacturer
or
importer
whose
total
annual
sales
are
less
than
$
5,000,000,
based
upon
the
manufacturer's
or
importer's
latest
complete
fiscal
year
as
of
January
1,
1978,
except
that
no
manufacturer
or
importer
is
a
  
small
manufacturer
or
importer''
with
respect
to
any
chemical
substance
which
such
person
manufactured
at
one
site
or
imported
in
quantities
greater
than
100,000
pounds
during
calendar
year
1977.
In
the
case
of
a
company
which
is
owned
or
controlled
by
another
company,
total
annual
sales
shall
be
based
on
the
total
annual
sales
of
the
owned
or
controlled
company,
the
parent
company,
and
all
companies
owned
or
controlled
by
the
parent
company
taken
together.
Note:
The
purpose
of
the
exception
to
the
definition
is
to
ensure
that
manufacturing
and
importers
report
production
volumes
for
all
chemical
substances
which
they
manufactured
at
one
site
or
imported
in
quantities
equal
to
or
greater
than
100,000
pounds
during
calendar
year
1977.
(
y)
Small
quantities
for
purposes
of
scientific
experimentation
or
analysis
or
chemical
research
on,
or
analysis
of,
such
substance
or
another
substance,
including
any
such
research
or
analysis
for
the
development
of
a
product
(
hereinafter
sometimes
shortened
to
small
quantities
for
research
and
development)
means
quantities
of
a
chemical
substance
manufactured,
imported,
or
processed
or
proposed
to
be
manufactured,
imported,
or
processed
that
(
1)
are
no
greater
than
reasonably
necessary
for
such
purposes
and
(
2)
after
the
publication
of
the
revised
inventory,
are
used
by,
or
directly
under
the
supervision
of,
a
technically
qualified
individual(
s).
Note:
Any
chemical
substances
manufactured,
imported
or
processed
in
quantities
less
than
1,000
pounds
annually
shall
be
presumed
to
be
manufactured,
imported
or
processed
for
research
and
development
purposes.
No
person
may
report
for
the
inventory
any
chemical
substance
in
such
quantities
unless
that
person
can
certify,
that
the
substance
was
not
manufactured,
imported,
or
processed
solely
in
small
quantities
for
research
and
development,
as
defined
in
this
section.
(
z)
State
means
any
State
of
the
United
States,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Virgin
Islands,
Guam,
the
Canal
Zone,
American
Samoa,
the
Northern
Mariana
Islands,
or
any
other
territory
or
possession
of
the
United
States.
(
aa)
Technically
qualified
individual
means
a
person:
(
1)
Who
because
of
his
education,
training,
or
experience,
or
a
combination
of
these
factors,
is
capable
of
appreciating
the
health
and
environmental
risks
associated
with
the
chemical
substance
which
is
used
under
his
supervision,
(
2)
who
is
responsible
for
enforcing
appropriated
methods
of
conducting
scientific
experimentation,
analysis,
or
chemical
research
in
order
to
minimize
such
risks,
and
(
3)
who
is
responsible
for
the
safety
assessments
and
clearances
related
to
the
procurement,
storage,
use,
and
disposal
of
the
chemical
substance
as
may
be
appropriate
or
required
within
the
scope
of
conducting
the
research
and
development
activity.
The
responsibilities
in
paragraph
(
aa)(
3)
of
this
section
may
be
delegated
to
another
individual,
or
other
individuals,
as
long
as
each
meets
the
criteria
in
paragraph
(
aa)(
1)
of
this
section.
(
bb)
Test
marketing
means
the
distribution
in
commerce
of
no
more
than
a
predetermined
amount
of
a
chemical
substance,
mixture,
or
article
containing
that
chemical
substance
or
mixture,
by
a
manufacturer
or
processor
to
no
more
than
a
defined
number
of
potential
customers
to
explore
market
capability
in
a
competitive
situation
during
a
predetermined
testing
period
prior
to
the
broader
distribution
of
that
chemical
substance,
mixture
or
article
in
commerce.
(
cc)
United
States,
when
used
in
the
geographic
sense,
means
all
of
the
States,
territories,
and
possessions
of
the
United
States.
(
dd)
Master
Inventory
File
means
EPA's
comprehensive
list
of
chemical
substances
which
constitute
the
Chemical
Substances
Inventory
compiled
under
section
8(
b)
of
the
Act.
It
includes
substances
reported
under
subpart
A
of
this
part
and
substances
reported
under
part
720
of
this
chapter
for
which
a
Notice
of
Commencement
of
Manufacture
or
Import
has
been
received
under
Sec.
720.120
of
this
chapter.
(
ee)
Nonisolated
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.
(
ff)
Site­
limited
means
a
chemical
substance
is
manufactured
and
processed
only
within
a
site
and
is
not
distributed
for
commercial
purposes
as
a
substance
or
as
part
of
a
mixture
or
article
outside
the
site.
Imported
substances
are
never
site­
limited.

[
42
FR
64572,
Dec.
23,
1977,
as
amended
at
60
FR
31921,
June
19,
1995]

Sec.
710.4
Scope
of
the
inventory.

(
a)
Chemical
substances
subject
to
these
regulations.
Only
chemical
substances
which
are
manufactured,
imported,
or
processed
  
for
a
commercial
purpose,''
as
defined
in
Sec.
710.2,
are
subject
to
these
regulations.
(
b)
Naturally
occurring
chemical
substances
automatically
included.
Any
chemical
substance
which
is
naturally
occurring
and:
(
1)
Which
is
(
i)
unprocessed
or
(
ii)
processed
only
by
manual,
mechanical,
or
gravitational
means;
by
dissolution
in
water;
by
flotation;
or
by
heating
solely
to
remove
water;
or
(
2)
Which
is
extracted
from
air
by
any
means,
shall
automatically
be
included
in
the
inventory
under
the
category
  
Naturally
Occurring
Chemical
Substances.''
Examples
of
such
substances
are:
raw
agricultural
commodities;
water,
air,
natural
gas,
and
crude
oil;
and
rocks,
ores,
and
minerals.
(
c)
Substances
excluded
by
definition
or
section
8(
b)
of
TSCA.
The
following
substances
are
excluded
from
the
inventory:
(
1)
Any
substance
which
is
not
considered
a
  
chemical
substance''
as
provided
in
subsection
3(
2)(
B)
of
the
Act
and
in
the
definition
of
  
chemical
substance''
in
Sec.
710.2(
h);
(
2)
Any
mixture
as
defined
in
Sec.
710.2(
q);
Note:
A
chemical
substance
that
is
manufactured
as
part
of
a
mixture
is
subject
to
these
reporting
regulations.
This
exclusion
applies
only
to
the
mixture
and
not
to
the
chemical
substances
of
which
the
mixture
is
comprised.
The
term
  
mixture''
includes
alloys,
inorganic
glasses,
ceramics,
frits,
and
cements,
including
Portland
cement.
(
3)
Any
chemical
substance
which
is
manufactured,
imported,
or
processed
solely
in
small
quantities
for
research
and
development,
as
defined
in
Sec.
710.2(
y);
and
(
4)
Any
chemical
substance
not
manufactured,
processed
or
imported
for
a
commercial
purpose
since
January
1,
1975.
(
d)
Chemical
substances
excluded
from
the
inventory.
The
following
chemical
substances
are
excluded
from
the
inventory.
Although
they
are
considered
to
be
manufactured
or
processed
for
a
commercial
purpose
for
the
purpose
of
section
8
of
the
Act,
they
are
not
manufactured
or
processed
for
distribution
in
commerce
as
chemical
substances
per
se
and
have
no
commercial
purpose
separate
from
the
substance,
mixture,
or
article
of
which
they
may
be
a
part.
Note:
In
addition,
chemical
substances
excluded
here
will
not
be
subject
to
premanufacture
notification
under
section
5
of
the
Act.
(
1)
Any
impurity.
(
2)
Any
byproduct
which
has
no
commercial
purpose.
Note:
A
byproduct
which
has
commercial
value
only
to
municipal
or
private
organizations
who
(
i)
burn
it
as
a
fuel,
(
ii)
dispose
of
it
as
a
waste,
including
in
a
landfill
or
for
enriching
soil,
or
(
iii)
extract
component
chemical
substances
which
have
commercial
value,
may
be
reported
for
the
inventory,
but
will
not
be
subject
to
premanufacturing
notification
under
section
5
of
the
Act
if
not
included.
(
3)
Any
chemical
substance
which
results
from
a
chemical
reaction
that
occurs
incidental
to
exposure
of
another
chemical
substance,
mixture,
or
article
to
environmental
factors
such
as
air,
moisture,
microbial
organisms,
or
sunlight.
(
4)
Any
chemical
substance
which
results
from
a
chemical
reaction
that
occurs
incidental
to
storage
of
another
chemical
substance,
mixture,
or
article.
(
5)
Any
chemical
substance
which
results
from
a
chemical
reaction
that
occurs
upon
end
use
of
other
chemical
substances,
mixtures,
or
articles
such
as
adhesives,
paints,
miscellaneous
cleansers
or
other
housekeeping
products,
fuels
and
fuel
additives,
water
softening
and
treatment
agents,
photographic,
films,
batteries,
matches,
and
safety
flares,
and
which
is
not
itself
manufactured
for
distribution
in
commerce
or
for
use
as
an
intermediate.
(
6)
Any
chemical
substance
which
results
from
a
chemical
reaction
that
occurs
upon
use
of
curable
plastic
or
rubber
molding
compounds,
inks,
drying
oils,
metal
finishing
compounds,
adhesives,
or
paints;
or
other
chemical
substances
formed
during
manufacture
of
an
article
destined
for
the
marketplace
without
further
chemical
change
of
the
chemical
substance
except
for
those
chemical
changes
that
may
occur
as
described
elsewhere
in
this
Sec.
710.4(
d).
(
7)
Any
chemical
substance
which
results
from
a
chemical
reaction
that
occurs
when
(
i)
a
stabilizer,
colorant,
odorant,
antioxidant,
filler,
solvent,
carrier,
surfactant,
plasticizer,
corrosion
inhibitor,
antifoamer
or
de­
foamer,
dispersant,
precipitation
inhibitor,
binder,
emulsifier,
de­
emulsifier,
dewatering
agent,
agglomerating
agent,
adhesion
promoter,
flow
modifier,
pH
neutralizer,
sequesterant,
coagulant,
flocculant,
fire
retardant,
lubricant,
chelating
agent,
or
quality
control
reagent
functions
as
intended
or
(
ii)
a
chemical
substance,
solely
intended
to
impart
a
specific
physicochemical
characteristic,
functions
as
intended.
(
8)
Chemical
substances
which
are
not
intentionally
removed
from
the
equipment
in
which
they
were
manufactured.
Note:
See
note
to
definition
of
  
intermediate''
at
Sec.
710.2(
n)
for
explanation
of
  
equipment
in
which
it
was
manufactured.''

[
42
FR
64572,
Dec.
23,
1977]

Sec.
710.25
Chemical
substances
for
which
information
must
be
reported.

Any
chemical
substance
which
is
in
the
Master
Inventory
File
at
the
beginning
of
a
reporting
period
described
in
Sec.
710.33,
unless
the
chemical
substance
is
specifically
excluded
by
Sec.
710.26.

[
51
FR
21447,
June
12,
1986]

Sec.
710.26
Chemical
substances
for
which
information
is
not
required.

The
following
categories
of
chemical
substances
are
excluded
from
the
reporting
requirements
of
this
subpart.
However,
a
chemical
substance
described
in
paragraphs
(
a),
(
b),
or
(
c)
of
this
section
is
not
excluded
from
the
reporting
requirements
of
this
subpart
if
that
substance
is
the
subject
of
a
rule
proposed
or
promulgated
under
section
4,
5(
a)(
2),
5(
b)(
4),
or
6
of
the
Act,
or
is
the
subject
of
an
order
issued
under
section
5(
e)
or
5(
f)
of
the
Act,
or
is
the
subject
of
relief
that
has
been
granted
under
a
civil
action
under
section
5
or
7
of
the
Act.
(
a)
Inorganic
chemical
substances.
Any
chemical
substance
which
does
not
contain
carbon
or
contains
carbon
only
in
the
form
of
carbonato
[=
CO<
INF>
3</
INF>],
cyano
[­
CN],
cyanato
[­
OCN],
isocyano
[­
NC],
or
isocyanato
[­
NCO]
groups,
or
the
chalcogen
analogues
of
such
groups.
(
b)
Polymers.
(
1)
Any
chemical
substance
described
with
the
word
fragments
  *
polym*'',
  *
alkyd'',
or
  *
oxylated''
in
the
Chemical
Abstracts
Service
Index
or
Preferred
Nomenclature
in
the
Chemical
Substance
Identities
section
of
the
1985
edition
of
the
Inventory
or
in
the
Master
Inventory
File,
where
the
asterisk
(*)
indicates
that
any
sets
of
characters
may
precede,
or
follow,
the
character
string
defined.
(
2)
Any
chemical
substance
which
is
identified
in
the
1985
edition
of
the
Inventory
or
the
Master
Inventory
File
as
siloxane
and
silicone,
silsesquioxane,
a
protein
(
albumin,
casein,
gelatin,
gluten,
hemoglobin),
an
enzyme,
a
polysaccharide
(
starch,
cellulose,
gum),
rubber,
or
lignin.
This
exclusion,
however,
does
not
apply
to
a
chemical
substance
which
has
been
hydrolyzed,
depolymerized,
or
chemically
modified
to
the
extent
that
the
final
product
is
no
longer
polymeric
in
structure.
(
c)
Microorganisms.
Any
combination
of
chemical
substances
that
is
a
living
organism,
such
as
bacteria,
eimeria,
fungi,
and
yeasts.
Any
chemical
substance
produced
from
such
a
living
organism
is
reportable
unless
otherwise
excluded.
(
d)
Naturally
occurring
chemical
substances.
Any
naturally
occurring
chemical
substance,
as
described
in
Sec.
710.4(
b).
The
applicability
of
this
exclusion
is
determined
in
each
case
by
the
specific
activities
of
the
person
who
manufactures
the
substance
in
question.
Some
chemical
substances
can
be
manufactured
both
as
described
in
Sec.
710.4(
b)
and
by
means
other
than
those
described
in
Sec.
710.4(
b).
If
a
person
described
in
Sec.
710.28
manufactures
a
chemical
substance
by
means
other
than
those
described
in
Sec.
710.4(
b),
the
person
must
report
regardless
of
whether
the
substance
also
could
have
been
produced
as
described
in
Sec.
710.4(
b).
Any
chemical
substance
that
is
produced
from
such
a
naturally
occurring
chemical
substance
described
in
Sec.
710.4(
b)
is
reportable
unless
otherwise
excluded.

[
51
FR
21447,
June
12,
1986]

Sec.
710.28
Persons
who
must
report.

Except
as
provided
in
Secs.
710.29
and
710.30,
the
following
persons
are
subject
to
the
requirements
of
this
subpart.
Persons
must
determine
whether
they
must
report
under
this
Sec.
710.28
for
each
chemical
substance
that
they
manufacture
at
an
individual
site.
(
a)
Persons
subject
to
initial
reportinq.
Any
person
who
manufactured
for
commercial
purposes
10,000
pounds
(
4,540
kilograms)
or
more
of
a
chemical
substance
described
in
Sec.
710.25
at
any
single
site
owned
or
controlled
by
that
person
at
any
time
during
the
person's
latest
complete
corporate
fiscal
year
before
August
25,
1986.
(
b)
Persons
subject
to
recurring
reporting.
Any
person
who
manufactured
for
commercial
purposes
10,000
pounds
(
4,540
kilograms)
or
more
of
a
chemical
substance
described
in
Sec.
710.25
at
any
single
site
owned
or
controlled
by
that
person
at
any
time
during
the
person's
latest
complete
corporate
fiscal
year
before
August
25,
1990,
or
before
August
25
at
four­
year
intervals
thereafter.
(
c)
Special
provisions
for
importers.
For
purposes
of
paragraphs
(
a)
and
(
b)
of
this
section,
the
site
for
a
person
who
imports
a
chemical
substance
described
in
Sec.
710.25
is
the
site
of
the
operating
unit
within
the
person's
organization
which
is
directly
responsible
for
importing
the
substance
and
which
controls
the
import
transaction.
The
import
site
may
in
some
cases
be
the
organization's
headquarters
in
the
U.
S.
(
See
also
Sec.
710.35(
b).)

[
51
FR
21447,
June
12,
1986]

Sec.
710.29
Persons
not
subject
to
this
subpart.

A
person
described
in
Sec.
710.2
8
is
not
subject
to
the
requirements
of
this
subpart
if
that
person
qualifies
as
a
small
manufacturer
as
that
term
is
defined
in
Sec.
704.3
of
this
chapter.
Notwithstanding
this
exclusion,
a
person
who
qualifies
as
a
small
manufacturer
is
subject
to
this
subpart
with
respect
to
any
chemical
substance
that
is
the
subject
of
a
rule
proposed
or
promulgated
under
section
4,
5(
b)(
4),
or
6
of
the
Act,
or
is
the
subject
of
an
order
in
effect
under
section
5(
e)
of
the
Act,
or
is
the
subject
of
relief
that
has
been
granted
under
a
civil
action
under
section
5
or
7
of
the
Act.

[
51
FR
21447,
June
12,
1986]

Sec.
710.30
Activities
for
which
reporting
is
not
required.

A
person
described
in
Sec.
710.28
is
not
subject
to
the
requirements
of
this
subpart
with
respect
to
any
chemical
substance
described
in
Sec.
710.25
that
the
person
manufactured
or
imported
under
the
following
circumstances:
(
a)
The
person
manufactured
or
imported
the
chemical
substance
described
in
Sec.
710.25
solely
in
small
quantities
for
research
and
development,
(
b)
The
person
imported
the
chemical
substance
described
in
Sec.
710.25
as
part
of
an
article,
(
c)
The
person
manufactured
the
chemical
substance
described
in
Sec.
710.25
in
a
manner
described
in
Sec.
720.30(
g)
or
(
h)
of
this
chapter.

[
51
FR
21447,
June
12,
1986]

Sec.
710.32
Reporting
information
to
EPA.

Any
person
who
must
report
under
this
part
must
submit
the
information
prescribed
in
this
section
for
each
chemical
substance
described
in
Sec.
710.25
that
the
person
manufactured
for
commercial
purposes
in
an
amount
of
10,000
pounds
(
4,540
kilograms)
or
more
at
a
single
site
during
a
corporate
fiscal
year
described
in
Sec.
710.28.
(
The
site
for
a
person
who
imports
a
chemical
substance
is
the
site
of
the
operating
unit
within
the
person's
organization
which
is
directly
responsible
for
importing
the
substance
and
which
controls
the
import
transaction,
and
may
in
some
cases
be
the
organization's
headquarters
office
in
the
U.
S.).
A
respondent
to
this
subpart
must
report
information
in
writing
or
by
magnetic
media
as
prescribed
in
this
section,
to
the
extent
that
such
information
is
known
to
or
reasonably
ascertainable
by
that
person.
A
respondent
to
this
subpart
must
report
information
that
applies
to
the
specific
corporate
fiscal
year
for
which
the
person
is
required
to
report.
(
a)
Reporting
in
writing.
Any
person
who
chooses
to
report
information
to
EPA
in
writing
must
do
so
by
completing
the
reporting
form
available
from
EPA
at
the
address
set
forth
in
Sec.
710.39(
b).
The
form
must
include
all
information
prescribed
in
paragraph
(
c)
of
this
section.
Persons
reporting
in
writing
must
submit
a
separate
form
for
each
site
for
which
the
person
is
required
to
report.
(
b)
Reporting
by
magnetic
media.
Any
person
who
chooses
to
report
information
to
EPA
by
means
of
magnetic
media
must
submit
the
information
prescribed
in
paragraph
(
c)
of
this
section.
Magnetic
media
submitted
in
response
to
this
subpart
must
meet
EPA
specifications,
as
described
in
the
instruction
booklet
available
from
EPA
at
the
address
set
forth
in
Sec.
710.39(
b).
(
c)
Information
to
be
reported.
Persons
reporting
information
under
this
subpart
must
report
the
following:
(
1)
The
name,
company,
address,
city,
State,
Zip
code,
and
telephone
number
of
a
person
who
will
serve
as
technical
contact
for
the
respondent
company,
and
will
be
able
to
answer
questions
about
the
information
submitted
by
the
company
to
EPA.
Persons
reporting
by
means
of
magnetic
media
must
submit
this
information
on
the
reporting
form
available
from
EPA
at
the
address
set
forth
in
Sec.
710.39.
(
2)
A
certification
statement
signed
and
dated
by
an
authorized
official
of
the
respondent
company.
Persons
reporting
by
means
of
magnetic
media
must
submit
this
information
on
the
reporting
form
available
from
EPA
at
the
address
set
forth
in
Sec.
710.39.
(
3)
The
specific
chemical
name
and
Chemical
Abstracts
Service
(
CAS)
Registry
Number
of
each
chemical
substance
for
which
reporting
is
required
under
this
subpart.
A
respondent
to
this
subpart
may
use
other
chemical
identification
numbers
in
lieu
of
CAS
Registry
Numbers
when
a
CAS
Registry
Number
is
not
known
to
the
respondent
as
provided
in
the
instruction
booklet
identified
in
Sec.
710.39(
b),
including
EPA­
designated
Accession
Numbers
for
confidential
substances,
EPA­
assigned
numbers
for
bona
fide
or
Premanufacture
Notification
submissions,
or
Test
Market
Exemption
Applications,
or
original
Inventory
form
numbers.
(
4)
The
name,
street
address,
city,
State,
and
Zip
code
of
each
site
at
which
10,000
pounds
(
4,540
kilograms)
or
more
of
a
chemical
substance
for
which
reporting
is
required
under
this
subpart
is
manufactured
or
imported.
(
The
site
for
a
person
who
imports
a
chemical
substance
is
the
site
of
the
operating
unit
within
the
person's
organization
which
is
directly
responsible
for
importing
the
substance
and
which
controls
the
import
transaction,
and
may
in
some
cases
be
the
organization's
headquarters
office
in
the
U.
S.)
A
respondent
to
this
subpart
must
include
the
appropriate
Dun
and
Bradstreet
Number
for
each
plant
site
reported.
(
5)
A
statement
for
each
substance
for
which
information
is
being
submitted
indicating
whether
the
substance
is
manufactured
in
the
United
States
or
imported
into
the
United
States.
(
6)
A
statement
for
each
substance
for
which
information
is
being
submitted
indicating
whether
the
substance
is
site­
limited.
(
7)
The
total
volume
(
in
pounds)
of
each
subject
chemical
substance
manufactured
or
imported
at
each
site.
This
amount
must
be
reported
to
two
significant
figures
of
accuracy
provided
that
the
reported
figures
are
within
<
plus­
minus>
10
percent
of
the
actual
volume.

[
55
FR
39587,
Sept.
27,
1990,
as
amended
at
60
FR
31921,
June
19,
1995]

Sec.
710.33
When
to
report.

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

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

Sec.
710.35
Duplicative
reporting.

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

[
51
FR
21447,
June
12,
1986,
as
amended
at
60
FR
31921,
June
19,
1995]

Sec.
710.37
Recordkeeping
requirements.

Each
person
who
is
subject
to
the
reporting
requirements
of
this
part
must
maintain
records
that
document
any
information
reported
to
EPA.
For
substances
that
are
manufactured
or
imported
at
less
than
10,000
pounds
annually,
volume
records
must
be
maintained
as
evidence
to
support
a
decision
not
to
submit
a
report.
Records
relevant
to
reporting
during
a
reporting
period
described
in
Sec.
710.33
must
be
retained
for
a
period
of
four
years
beginning
with
the
effective
date
of
that
reporting
period.

[
51
FR
21447,
June
12,
1986,
as
amended
at
58
FR
34204,
June
23,
1993;
60
FR
31921,
June
19,
1995]

Sec.
710.38
Confidentiality.
(
a)
Any
person
submitting
information
under
this
part
may
assert
a
business
confidentiality
claim
for
the
information.
The
procedures
for
asserting
confidentiality
claims
are
described
in
the
instruction
booklet
identified
in
Sec.
710.39.
Information
claimed
as
confidential
in
accordance
with
this
section
and
those
instructions
will
be
treated
and
disclosed
in
accordance
with
the
procedures
in
part
2
of
this
chapter.
(
b)
A
person
may
assert
a
claim
of
confidentiality
for
the
chemical
identity
of
a
specific
chemical
substance
only
if
the
identity
of
that
substance
is
treated
as
confidential
in
the
Master
Inventory
File
as
of
the
time
the
report
is
submitted
for
that
substance
under
this
part.
(
c)
To
assert
a
claim
of
confidentiality
for
the
chemical
identity
of
a
specific
chemical
substance,
the
person
must
take
the
following
steps:
(
1)
The
person
must
submit
with
the
report
detailed
written
answers
to
the
following
questions
signed
and
dated
by
an
authorized
official.
(
i)
What
harmful
effects
to
your
competitive
position,
if
any,
do
you
think
would
result
from
the
identity
of
the
chemical
substance
being
disclosed
in
connection
with
reporting
under
this
part?
How
could
a
competitor
use
such
information?
Would
the
effects
of
disclosure
be
substantial?
What
is
the
causal
relationship
between
the
disclosure
and
the
harmful
effects?
(
ii)
How
long
should
confidential
treatment
be
given?
Until
a
specific
date,
the
occurrence
of
a
specific
event,
or
permanently?
Why?
(
iii)
Has
the
chemical
substance
been
patented?
If
so,
have
you
granted
licenses
to
others
with
respect
to
the
patent
as
it
applies
to
the
chemical
substance?
If
the
chemical
substance
has
been
patented
and
therefore
disclosed
through
the
patent,
why
should
it
be
treated
as
confidential?
(
iv)
Has
the
identity
of
the
chemical
substance
been
kept
confidential
to
the
extent
that
your
competitors
do
not
know
it
is
being
manufactured
or
imported
for
a
commercial
purpose
by
anyone?
(
v)
Is
the
fact
that
the
chemical
substance
is
being
manufactured
or
imported
for
a
commercial
purpose
available
to
the
public,
for
example
in
technical
journals,
libraries,
or
State,
local,
or
Federal
agency
public
files?
(
vi)
What
measures
have
you
taken
to
prevent
undesired
disclosure
of
the
fact
that
this
chemical
substance
is
being
manufactured
or
imported
for
a
commercial
purpose?
(
vii)
To
what
extent
has
the
fact
that
this
chemical
substance
is
manufactured
or
imported
for
commercial
purposes
been
revealed
to
others?
What
precautions
have
been
taken
regarding
these
disclosures?
Have
there
been
public
disclosures
or
disclosures
to
competitors?
(
viii)
Does
this
particular
chemical
substance
leave
the
site
of
manufacture
in
any
form,
as
product,
effluent,
emission,
etc.?
If
so,
what
measures
have
you
taken
to
guard
against
discovery
of
its
identity?
(
ix)
If
the
chemical
substance
leaves
the
site
in
a
product
that
is
available
to
the
public
or
your
competitors,
can
the
substance
be
identified
by
analysis
of
the
product?
(
x)
For
what
purpose
do
you
manufacture
or
import
the
substance?
(
xi)
Has
EPA,
another
Federal
agency,
or
any
Federal
court
made
any
pertinent
confidentiality
determinations
regarding
this
chemical
substance?
If
so,
please
attach
copies
of
such
determinations.
(
2)
If
any
of
the
information
contained
in
the
answers
to
the
questions
is
asserted
to
contain
confidential
business
information,
the
person
must
mark
that
information
as
  
trade
secret,''
  
confidential,''
or
other
appropriate
designation.
(
d)
If
no
claim
of
confidentiality
accompanies
information
at
the
time
it
is
submitted
to
EPA
under
this
part
or
if
substantiation
required
under
paragraph
(
c)
of
this
section
is
not
submitted
with
the
reporting
form,
EPA
may
make
the
information
available
to
the
public
without
further
notice
to
the
submitter.

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

Sec.
710.39
How
do
I
submit
the
required
information
for
the
1998
reporting
cycle?

(
a)
Use
the
proper
EPA
form.
You
must
use
the
EPA
form
identified
as
  
Form
U''
to
submit
written
information
in
response
to
the
requirements
of
this
subpart.
Copies
of
the
Form
U
are
available
from
EPA
at
the
address
set
forth
in
paragraph
(
c)
of
this
section,
from
the
EPA
Internet
Home
Page
at
http://
www.
epa.
gov/
opptintr/
iur98,
or
via
Fax­
on­
Demand
by
using
a
faxphone
to
call
(
202)
401­
0527
and
selecting
item
5119.
(
b)
Follow
the
reporting
instructions.
You
should
follow
the
detailed
instructions
for
completing
the
reporting
form
and
preparing
a
magnetic
media
report,
which
are
given
in
the
EPA
publication
entitled
  
Instructions
for
Reporting
for
Partial
Updating
of
the
TSCA
Chemical
Inventory
Data
Base,''
via
the
Internet
or
the
TSCA
Hotline.
(
c)
Obtain
the
reporting
package
and
copies
of
the
form.
EPA
is
mailing
the
reporting
package
to
those
companies
that
reported
in
1994.
Failure
to
receive
a
reporting
package
does
not
obviate
or
otherwise
affect
the
requirement
to
submit
a
timely
report.
If
you
did
not
receive
a
reporting
package,
but
are
required
to
report,
you
may
obtain
a
copy
of
the
reporting
package
and
the
reporting
form
from
EPA
by
submitting
a
request
for
this
information
as
follows:
(
1)
By
phone.
Call
the
EPA
TSCA
Hotline
at
(
202)
554­
1404,
or
TDD
202­
554­
0551.
(
2)
By
e­
mail.
Send
an
e­
mail
request
for
this
information
to
the
EPA
TSCA
Hotline
at
TSCA­
Hotline@
epamail.
epa.
gov.
(
3)
By
mail.
Send
a
written
request
for
this
information
to
the
following
address:
TSCA
Hotline,
Mail
Code
7408,
ATTN:
Inventory
Update
Rule,
Office
of
Pollution
Prevention
and
Toxics,
U.
S.
Environmental
Protection
Agency,
401
M
St.,
SW.,
Washington,
DC
20460.
(
d)
Submit
the
completed
reports.
You
must
submit
your
completed
reporting
form(
s)
and/
or
magnetic
media
to
EPA
at
the
following
address:
Document
Control
Officer,
Mail
Code
7407,
ATTN:
Inventory
Update
Rule,
Office
of
Pollution
Prevention
and
Toxics,
U.
S.
Environmental
Protection
Agency,
401
M
St.,
SW.,
Washington,
DC
20460.

[
63
FR
45953,
Aug.
28,
1998]
EPA
ICR
No.
1741.04;
OMB
Control
No.
2070­
0145
ATTACHMENT
3
Inventory
Correction
Guidelines
45
FR
50544,
July
29,
1980
(
Note:
An
electronic
copy
of
this
attachment
is
not
available.
Please
contact
the
Environmental
Protection
Agency
at
the
address
noted
in
the
Federal
Register
notice
for
a
complete
copy
of
this
ICR.)
EPA
ICR
No.
1741.04;
OMB
Control
No.
2070­
0145
ATTACHMENT
4
Inventory
Correction
Form
EPA
Form
7710­
3C
(
Note:
An
electronic
copy
of
this
attachment
is
not
available.
Please
contact
the
Environmental
Protection
Agency
at
the
address
noted
in
the
Federal
Register
notice
for
a
complete
copy
of
this
ICR.)
