[Title 40 CFR 704]
[Code of Federal Regulations (annual edition) - July 1, 1999 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter R - TOXIC SUBSTANCES CONTROL ACT]
[Part 704 - REPORTING AND RECORDKEEPING REQUIREMENTS]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT231999-07-011999-07-01falseREPORTING AND RECORDKEEPING REQUIREMENTS704PART 704PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)TOXIC SUBSTANCES CONTROL ACT
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.
704.3  Definitions.
704.5  Exemptions.
704.7  Confidential business information claims.
704.9  Where to send reports.
704.11  Recordkeeping.
704.13  Compliance and enforcement.

     Subpart B--Chemical-Specific Reporting and Recordkeeping Rules

704.25  11-Aminoundecanoic acid.
704.33  P-tert-butylbenzoic acid (P-TBBA), p-tert-butyltoluene (P-TBT) 
          and p-tert-butylbenzaldehyde (P-TBB).
704.43  Chlorinated naphthalenes.
704.45  Chlorinated terphenyl.
704.95  Phosphonic acid, [1,2-ethanediyl-bis[nitrilobis-
          (methylene)]]tetrakis-(EDTMPA) and its salts.
704.102  Hexachloronorbornadiene.
704.104  Hexafluoropropylene oxide.
704.175  4,4'-methylenebis(2-chloroaniline) (MBOCA).

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



 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

[[Page 10]]

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.

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    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.

[[Page 12]]

    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]

[[Page 13]]



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).

[[Page 14]]

    (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

[[Page 15]]

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

[[Page 16]]

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

[[Page 17]]

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 manufactureres, importers, and processors specified in 
paragraph (b) of this section shall report the information described in 
this paragraph (d)(5). Respondents to this paragraph (d)(5) shall report 
separately for each substance that they intend to manufacture, import, 
or process during the first 2 years following the date on which

[[Page 18]]

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

[[Page 19]]

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

[[Page 20]]

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.

[[Page 21]]

    (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-)]-, pentasodium
              hydrogen, (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.

[[Page 22]]

    (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-
Dimethanonaphth[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) Isodrin means the pesticide 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.

[[Page 23]]

    (ii) A business is small if its total annual sales, when combined 
with those of its parent company (if any), are less than $4 million, 
regardless of the quantity of the particular chemical substance 
manufactured, imported, or processed by that business.
    (iii) For imported and processed mixtures containing HEX-BCH, the 
45,400 kilograms (100,000 pounds) standard in paragraph (a)(4)(i) of 
this section applies only to the amount of HEX-BCH in a mixture and not 
the other components of the mixture.
    (5) 8-hour time weighted average means the cumulative exposure for 
an 8-hour work shift computed as follows:

 
                                                     Ca Ta+Cb Tb+ . . . Cn Tn
                                        E= --------------------------------------------
                                                                 8
 

Where:
    E is the equivalent exposure for the working shift.
    Ci is the concentration (i.e., parts per million) during 
any period of time (Ti) where the concentration remains 
constant.
    Ti is the duration in hours of the exposure at the 
concentration Ci.

    (6) Year means corporate fiscal year.
    (b) Persons who must report. (1) Reports must be submitted by:
    (i) Persons who are manufacturing, importing, or processing HEX-BCH 
for use as an intermediate in the production or isodrin or endrin on or 
after January 2, 1986; and
    (ii) Persons who propose to manufacture, import, or process HEX-BCH 
for use as an intermediate in the production of isodrin or endrin, on or 
after January 2, 1986.
    (2) Persons described in paragraph (b)(1) of this section who engage 
or propose to engage in more than one activity (i.e., manufacture and 
processing) must report the information required in paragraph (d) 
separately for each activity.
    (c) Persons exempt from reporting. (1) Small businesses.
    (2) Persons described in 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.

[[Page 24]]

    (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

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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.

[[Page 26]]

    (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]