[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Proposed Rules]
[Pages 49656-49707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19830]
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Part IV
Environmental Protection Agency
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40 CFR Parts 704, 710, and 711
TSCA Inventory Update Reporting Modifications; Proposed Rule
Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 /
Proposed Rules
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 704, 710, and 711
[EPA-HQ-OPPT-2009-0187; FRL-8833-5]
RIN 2070-AJ43
TSCA Inventory Update Reporting Modifications
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Toxic Substances Control Act (TSCA) Inventory Update
Reporting (IUR) rule enables EPA to collect and then make public
critical information on the manufacturing, processing, and use of
commercial chemicals, including current information on volumes of
chemical production, manufacturing facility data, and how the chemicals
are used. This information helps the Agency determine whether chemicals
may be dangerous to people or the environment. EPA proposes to amend
the TSCA IUR rule, thereby providing improved information for EPA to
better identify and, where appropriate, take steps to manage risks
associated with chemical substances and mixtures (referred to hereafter
as chemical substances). Additionally, improved information would be
available for the public. The IUR rule, promulgated under TSCA section
8(a), requires manufacturers (including importers) of certain chemical
substances on the TSCA Chemical Substance Inventory (TSCA Inventory) to
report information about the manufacturing (including import),
processing, and use of those chemical substances. EPA is proposing to
require electronic reporting of IUR information and to modify IUR
reporting requirements, including certain circumstances that trigger
reporting, the specific data to be reported, the reporting standard for
processing and use information, and Confidential Business Information
(CBI) reporting procedures. These modifications would provide
information to better address Agency and public information needs,
improve the usability and reliability of the reported data, and ensure
that data are available in a timely manner.
DATES: Comments must be received on or before October 12, 2010.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2009-0187, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2009-0187. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is (202) 564-8930. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2009-0187. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be CBI or
other information whose disclosure is restricted by statute. Do not
submit information that you consider to be CBI or otherwise protected
through regulations.gov or e-mail. The regulations.gov website is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the docket and made available on the Internet. If you submit
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available
electronically at http://www.regulations.gov, or, if only available in
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading Room
is (202) 566-1744, and the telephone number for the OPPT Docket is
(202) 566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.
FOR FURTHER INFORMATION CONTACT: For technical information contact:
Susan Sharkey, Chemical Control Division, (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-8789; e-mail address: sharkey.susan @epa.gov.
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you manufacture
(including manufacture as a byproduct) or import chemical substances
listed on the TSCA Inventory. Potentially affected entities may
include, but are not limited to:
Chemical manufacturers and importers (NAICS codes 325 and
324110; e.g., chemical manufacturing and processing and petroleum
refineries).
Chemical users and processors who may manufacture a
byproduct chemical substance (NAICS codes 22, 322, 331, and 3344; e.g.,
utilities, paper manufacturing, primary metal manufacturing, and
semiconductor and other electronic component manufacturing).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to
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assist you and others in determining whether this action might apply to
certain entities. If you have any questions regarding the applicability
of this action to a particular entity, consult the technical person
listed under FOR FURTHER INFORMATION CONTACT.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit CBI to EPA through regulations.gov
or e-mail. Clearly mark the part or all of the information that you
claim to be CBI. For CBI information in a disk or CD-ROM that you mail
to EPA, mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background
A. What Action is the Agency Taking?
In this action, EPA is proposing several amendments to the current
IUR rule requirements, including moving the IUR rule text from 40 CFR
part 710, subpart C, to a new part, 40 CFR part 711. Where applicable,
the current regulatory text reference is followed by a parenthetical
containing the proposed new reference. These amendments are described
in more detail in Unit III.
1. EPA is proposing to amend 40 CFR 710.59 (proposed 40 CFR
711.35) to require electronic reporting of the IUR data, using an
Agency-provided, web-based reporting software (e-IURweb) to submit IUR
reports through the Internet to EPA's Central Data Exchange (CDX).
After the final rule's effective date, paper submissions would no
longer be accepted.
2. EPA is proposing to enhance the reported manufacturing data and
the processing and use data.
3. EPA is proposing a new definition section in proposed 40 CFR
711.3, revisions to the definition for manufacture and site, and other
needed definitional modifications and additions.
4. EPA is proposing to amend 40 CFR 710.53 (proposed 40 CFR 711.20)
to change the reporting frequency from every 5 years to every 4 years.
5. EPA is proposing to amend 40 CFR 710.48(a) (proposed 40 CFR
711.8(a)) to modify the method used to determine whether a manufacturer
or importer is subject to IUR reporting. Reporting would be required if
the production volume of a chemical substance met or exceeded the
25,000 pound (lb.) threshold in any calendar year since the last
principal reporting year (e.g., 2005).
6. EPA is proposing to amend 40 CFR 710.52(c) (proposed 40 CFR
711.15(c)) to eliminate the 300,000 lb. threshold for processing and
use information, thereby requiring all reporters of non-excluded
chemical substances to report information in all parts of the IUR
reporting form (Form U).
7. EPA is proposing to amend 40 CFR 710.48(a) (proposed 40 CFR
711.8(a)) to eliminate the 25,000 lb. threshold for certain chemical
substances that are the subject of particular TSCA rules and/or orders
and to require manufacturers (including importers) of such chemical
substances to report under the IUR rule, regardless of the production
volume.
8. EPA is proposing to amend 40 CFR 710.46 (proposed 40 CFR 711.6)
to make chemical substances for which an enforceable consent agreement
(ECA) to conduct testing has been made under 40 CFR part 790 ineligible
for exemptions, to provide a full exemption from IUR requirements for
water, and to remove polymers that are already fully exempt from the
partially exempt list of chemical substances at 40 CFR 710.46(b)(2)(iv)
(proposed 40 CFR 711.6(b)(2)(iv)).
9. EPA is proposing to amend 40 CFR 710.52(c) (proposed 40 CFR
711.15(c)) to modify the reporting requirements of certain
manufacturing data elements. Specifically, manufacturers (including
importers) would be required to report:
i. The name and address belonging to the parent company.
ii. The current Chemical Abstracts (CA) Index Name, as used to list
the chemical substance on the TSCA Inventory, as part of the chemical
identity.
iii. The production volume for each of the years since the last
principal reporting year.
iv. The production volume of a manufactured (including imported)
chemical substance used at the reporting site.
v. Whether an imported chemical substance is physically present at
the reporting site.
vi. The production volume directly exported and not domestically
processed or used.
vii. When a manufactured chemical substance, such as a byproduct,
is being recycled, remanufactured, reprocessed, reused, or reworked.
10. EPA is proposing to replace the ``readily obtainable''
reporting standard used for the reporting of processing and use
information required by 40 CFR 710.52(c)(4) (proposed 40 CFR
711.15(b)(4)) with the ``known to or reasonably ascertainable by''
reporting standard.
11. EPA is proposing to amend 40 CFR 710.58 (proposed 40 CFR
711.30) to require upfront substantiation when processing and use
information required by 40 CFR 710.52(c)(4) (proposed 40 CFR
711.15(b)(4)) is claimed as CBI.
12. EPA is proposing to disallow confidentiality claims for
processing and use data elements identified as not ``known to or
reasonably ascertainable by'' (40 CFR 710.52(c)(4) (proposed 40 CFR
711.15(b)(4))).
13. EPA is proposing to revise the list of industrial function
categories for the reporting of processing and use information. EPA is
also proposing to amend 40 CFR 710.52(c)(4)(i)(C) (proposed 40 CFR
711.15(b)(4)(i)(B)) to replace the 5-digit NAICS codes with 48
Industrial Sectors (IS).
14. EPA is proposing to amend 40 CFR 710.52(c)(4)(ii) (proposed 40
CFR 711.15(b)(4)(ii)) to revise the list of consumer and commercial
product categories for the reporting of consumer and commercial use
information. EPA is also proposing to require the separate reporting
for consumer or commercial categories and reporting of the number of
commercial workers reasonably likely
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to be exposed to the subject chemical substance.
15. EPA is proposing to eliminate the gaps in the ranges used to
report concentration in 40 CFR 710.52(c)(3) and(c)(4) (proposed 40 CFR
711.15(b)(3) and (b)(4)).
B. What is the Agency's Authority for Taking this Action?
EPA is required under TSCA section 8(b), 15 U.S.C. 2607(b), to
compile and keep current an inventory of chemical substances
manufactured or processed in the United States. This inventory is known
as the TSCA Chemical Substance Inventory (TSCA Inventory). The Agency
maintains the Master Inventory File as the authoritative list of all
the chemical substances reported to EPA for inclusion on the TSCA
Inventory. In 1977, EPA promulgated a rule published in the Federal
Register issue of December 23, 1977 (Ref. 1) under TSCA section 8(a),
15 U.S.C. 2607(a), to compile an inventory of chemical substances in
commerce at that time. In 1986, EPA promulgated the initial IUR rule
under TSCA section 8(a) at 40 CFR part 710 published in the Federal
Register issue of June 12, 1986 (Ref. 2) to facilitate the periodic
updating of information on chemical substances listed on the TSCA
Inventory and to support activities associated with the implementation
of TSCA. In 2003, EPA promulgated extensive amendments to the IUR rule
published in the Federal Register issue of January 7, 2003 (2003
Amendments) (Ref. 3) to collect exposure-related information associated
with the manufacturing, processing, and use of eligible chemical
substances and to make certain other changes.
Section 8(a)(1) of TSCA authorizes the EPA Administrator to
promulgate rules under which manufacturers and processors of chemical
substances must maintain such records and submit such information as
the EPA Administrator may reasonably require. Section 8(a) of TSCA
generally excludes small manufacturers and processors of chemical
substances from the reporting requirements established in TSCA section
8(a). However, EPA is authorized by TSCA section 8(a)(3) to require
TSCA section 8(a) reporting from small manufacturers and processors
with respect to any chemical substance that is the subject of a rule
proposed or promulgated under TSCA section 4, 5(b)(4), or 6, or that is
the subject of an order in effect under TSCA section 5(e), or that is
the subject of relief granted pursuant to a civil action under TSCA
section 5 or 7. The standard for determining whether an entity
qualifies as a small manufacturer for purposes of 40 CFR part 710
(proposed 40 CFR part 711) is found at 40 CFR 704.3. Processors are not
currently subject to the rules at 40 CFR part 710 (proposed 40 CFR part
711).
C. What is the Current TSCA Inventory Update Reporting (IUR) Rule?
The IUR rule, as modified by the 2003 Amendments, requires U.S.
manufacturers (including importers) of chemical substances listed on
the TSCA Inventory to report to EPA every 5 years the identity of
chemical substances manufactured (including imported) during the
reporting year in quantities of 25,000 lb. or greater at any single
site they own or control (see 40 CFR part 710, subpart C). IUR data
were collected five times prior to the 2003 Amendments: 1986, 1990,
1994, 1998, and 2002, and one time after the 2003 Amendments, in 2006.
EPA uses the TSCA Inventory and data reported under the IUR rule to
support many TSCA-related activities and to provide overall support for
a number of EPA and other Federal health, safety, and environmental
protection activities. The Agency also makes the data available to the
public, to the extent possible given CBI claims.
Persons manufacturing (including importing) chemical substances are
required to report information such as company name, site location and
other identifying information, production volume of the reportable
chemical substance, and exposure-related information associated with
the manufacture of each reportable chemical substance. This exposure-
related information includes the physical form and maximum
concentration of the chemical substance and the number of potentially
exposed workers (40 CFR 710.52). Several groups of chemical substances
are generally excluded from IUR reporting requirements: e.g., polymers,
microorganisms, naturally occurring chemical substances, and certain
natural gas substances (40 CFR 710.46).
Manufacturers (including importers) of chemicals in larger volumes
(i.e., 300,000 lb. or greater manufactured (including imported) during
the reporting year at any single site) are required also to report
certain processing and use information (40 CFR 710.52(c)(4)). This
information includes process or use category; NAICS code; industrial
function category; percent production volume associated with each
process or use category; number of use sites; number of potentially
exposed workers; and consumer/commercial information such as use
category, use in or on products intended for use by children, and
maximum concentration.
The 2006 submission was the first instance where manufacturers
(including importers) of inorganic chemical substances were required to
report under the IUR rule. For the 2006 submission only, inorganic
chemical substances were partially exempted from the IUR rule, and
manufacturers of such chemicals were required to report the
manufacturing information and not the processing and use information,
regardless of production volume. A partial exemption means that a
submitter is exempt from the processing and use reporting requirements
described in 40 CFR 710.52(c)(4). Under the current rule, for future
collections (i.e., for 2011 or 2016 IUR collections, etc.), the partial
exemption for inorganic chemicals will no longer be applicable and
submitters will report in the same manner as is required for organic
chemicals, including processing and use information (40 CFR
710.46(b)(3)). In addition, starting with the 2006 collection and for
future collections, specifically listed petroleum process streams and
other specifically listed chemical substances are partially exempt, and
manufacturers of such chemical substances are not required to report
processing and use information. These partial exemptions will continue
in subsequent submission periods (including 2011), for as long as the
chemical substances remain on these partial exemption lists (40 CFR
710.46(b)(1) and (b)(2) (proposed 40 CFR 711.6(b)(1) and (b)(2)).
Non-confidential data, including both searchable and separately
downloadable databases and a 2006 IUR data summary report are available
for public use on the IUR website (http://www.epa.gov/iur).
D. Why is the Agency Proposing Changes in the IUR Rule?
EPA is proposing to modify the IUR rule to meet four primary goals:
1. To tailor the information collected to better meet the Agency's
overall information needs.
2. To increase its ability to effectively provide public access to
the information.
3. To obtain new and updated information relating to potential
exposures to a subset of chemical substances listed on the TSCA
Inventory.
4. To improve the usefulness of the information reported.
EPA believes that expanding the range of chemical substances for which
comprehensive information is to be reported and adjusting the specific
reported information, the method and
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frequency of collecting the information, and CBI requirements will
accomplish these goals.
These goals are supported by a policy outlined in TSCA section 2,
which is that ``adequate data should be developed with respect to the
effect of chemical substances and mixtures on health and the
environment and that the development of such data should be the
responsibility of those who manufacture and those who process such
chemical substances and mixtures'' (TSCA section 2(b)(1)).
Modifications to the IUR requirements by the 2003 Amendments provided
many improvements to the data collected through that rule, and EPA's
efforts to use the 2006 IUR data have identified areas where further
improvements are needed. The modifications described in this proposed
rule would change some of the reporting requirements in an effort by
EPA to:
Ensure the required information is properly reported and
that the information in the Agency's database reflects the information
provided in the IUR reports.
Increase the usability of the collected information.
Increase the availability of information for the public.
Focus reporting on information that is most needed by the
Agency.
In addition, these proposed changes will enable EPA and other Federal
agencies to improve their risk screening capabilities, enabling them to
better assess and manage risk, and improving public awareness of basic
information about a large number of chemical substances.
EPA provided reporting software for the 2006 IUR submission period
and encouraged electronic reporting through the Internet, using the
Agency's CDX. EPA's experience with populating the IUR database and
with using the 2006 IUR data provided insight into how well both the
reporting software and submission methods worked. For instance, because
of validations built into the reporting software, electronic
submissions were able to be quickly assimilated into the IUR database.
Other forms of submission required the documents to be scanned in or
hand entered, and resulted in many introduced errors during the data
entry process. Additionally, for the 2006 IUR, certain types of
submissions (e.g., joint submissions) could not be reported
electronically. Other problems, such as incorrect chemical identities,
delayed the incorporation of the data into the database, resulting in
the Agency's inability to begin using the 2006 IUR data and providing
public access. The proposed modifications associated with reporting
methods and changes to the reporting software will better ensure the
information reported to the Agency is accurate and in compliance with
the IUR requirements.
During the development of the 2003 Amendments, the Agency
considered the data accuracy and reliability needed for screening level
exposure analyses and took several steps to ensure the IUR data met
those needs. Screening level data need not be precise, but should be
accurate and reliable enough for the Agency to develop screening level
assessments. The amended IUR rule supplies exposure-related information
the Agency did not previously possess, recognizing that industry has a
greater knowledge than EPA about its own operations and the uses of
chemical substances it manufactures and sells.
EPA's extensive use of the 2006 IUR data in the Agency's Existing
Chemicals Program is representative of how EPA envisioned the data
would be used when the 2003 Amendments were promulgated. In 2007, the
Agency began to develop and post screening-level hazard, exposure, and
risk characterizations for high production volume (HPV) chemicals,
which are those chemicals produced nationally at aggregated volumes of
one million lb. or more per year. In developing these
characterizations, EPA identified areas where the IUR data collection
can be improved and enhanced. Improvements would allow EPA to better
identify and take follow-up action on chemical substances that may pose
potential risks to human health or the environment.
During its review of the IUR data, EPA identified numerous examples
of CBI claims where the same or similar information to that claimed as
CBI was already available to the public. In several cases, information
on production volume and uses for a chemical substance or group of
chemical substances was claimed CBI on Form U, while the same or
similar information was submitted voluntarily by the company without
such a claim under the HPV Challenge Program. In those cases, EPA had
previously made the information publicly available through the High
Production Volume Information System (HPVIS) or on EPA's Existing
Chemicals website. Correct designation of reported information as non-
confidential will facilitate reporting of this information to the
public.
EPA Administrator Lisa P. Jackson has made it a priority to
strengthen the Agency's chemical management program, including the
development of new Regulatory Risk Management Actions, the development
of Chemical Action Plans targeting the Agency's risk management
efforts, requiring the reporting of information needed to understand
chemical risks, and increasing public access to information about
chemical substances (Ref. 4). The IUR provides exposure-related data
needed to understand chemical risks. The proposed modifications to the
IUR rule would enhance the capabilities of the Agency to ensure risk
management actions are taken on chemical substances which may pose the
greatest concern. More in-depth reporting of the processing and use
data, more careful consideration of the need for confidentiality
claims, and adjustments to the specific data elements are important
aspects of this action. By enhancing the data supplied to the Agency,
EPA expects to more effectively and expeditiously identify and address
potential risks posed by chemical substances and provide improved
access and information to the public.
An important and anticipated result of this action is that EPA
would receive more publicly available, non-CBI information, therefore
increasing the transparency and public accessibility of the chemical
substance use and exposure information and ensuring consistency with
the President's policy goals for government reliance on and public
availability of scientific information.
III. Modifications Affecting All Manufacturers (Including Importers)
As discussed in detail in Unit III.C., under this proposed rule,
sites that manufactured (including imported) a reportable chemical
substance in quantities of 25,000 lb. or more in any calendar year
since the last IUR principal reporting year (e.g., 2005) would be
required to complete all manufacturing (including production volume),
processing, and use information for the principal reporting year (e.g.,
2010), plus production volume information for all the preceding years
since the last IUR principal reporting year (e.g., 2006 through 2009,
for the principal reporting year 2010). Draft detailed instructions for
completing the IUR submission are available in the docket established
for this rulemaking (Ref. 5).
Persons making an IUR submission would be required to use e-IURweb,
the Agency-provided web-based software designed to complete Form U (the
IUR reporting form) and submit the information electronically over the
Internet, through EPA's CDX. The 2011 e-IURweb will be similar in
format to the 2006 e-IUR downloadable software,
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and will include changes associated with the proposed amendments that
are finalized, improved validation checks, and other improvements. A
more detailed description of e-IURweb and the electronic submission
process is provided in Unit III.B.
The following discussion describes the proposed changes to the IUR
rule contained in this proposed rule.
A. Technical Modifications to the Regulatory Text
Currently, 40 CFR part 710 contains three subparts. Subpart A
contains regulatory text associated with the original compilation of
the TSCA Inventory; subpart B contains regulatory text associated with
the IUR rule covering the update reporting in 2002; and subpart C
contains the regulatory text associated with the IUR rule for 2006 and
beyond. The chemical substances that are covered by the IUR rule are on
the Master Inventory File, which includes chemical substances from the
original TSCA Inventory compilation and those added subsequently
through the notice requirements of TSCA section 5. Because the IUR rule
applies to a list of chemical substances included on the original TSCA
Inventory plus additional chemical substances added subsequently, and
because the Agency from time to time has modified the IUR rule, the
Agency believes the regulatory text associated with the IUR rule should
be in its own section in the CFR, distinct from both the original TSCA
Inventory rules and from the TSCA section 5 requirements. Where EPA is
proposing to update the location of existing regulatory provisions, or
to otherwise update regulatory provisions in a non-substantive fashion
(e.g., to update cross-references to reflect the movement of referenced
provisions) EPA does not thereby reopen the substance of such
provisions for public comment, except where public comment is expressly
requested.
1. Moving the IUR regulatory text from 40 CFR part 710, subpart C,
to 40 CFR part 711 and eliminating subpart divisions. Subpart C of 40
CFR part 710, 40 CFR 710.43 to 710.59, contains the IUR regulatory
text. EPA is proposing to move all of the subpart C text from 40 CFR
part 710 to a new 40 CFR part 711 and would add a new scope and
compliance section (40 CFR 711.1). Specific sections would be moved as
follows: 40 CFR 710.43 would become 40 CFR 711.3; 40 CFR 710.45 would
become 40 CFR 711.5; 40 CFR 710.46 would become 40 CFR 711.6; 40 CFR
710.48 would become 40 CFR 711.8; 40 CFR 710.49 would become 40 CFR
711.9; 40 CFR 710.50 would become 40 CFR 711.10; 40 CFR 710.52 would
become 40 CFR 711.15; 40 CFR 710.53 would become 40 CFR 711.20; 40 CFR
710.55 would become 40 CFR 711.22; 40 CFR 710.57 would become 40 CFR
711.25; 40 CFR 710.58 would become 40 CFR 711.30; and 40 CFR 710.59
would become 40 CFR 711.35. Because all of the text of subpart C would
be moved to 40 CFR part 711, 40 CFR part 710 would no longer have a
subpart C. Neither 40 CFR part 710 or 40 CFR part 711 would have any
subparts.
2. Consolidation of definitions. As part of moving the regulatory
text from 40 CFR part 710, subpart C, to 40 CFR part 711, EPA is
proposing to consolidate definitions copied from 40 CFR 710.3 and those
currently found at 40 CFR 710.43 into the new 40 CFR 711.3, except
where an appropriate definition is already in place in TSCA section 3
or at 40 CFR 704.3, and an additional definition of the term in 40 CFR
711.3 would therefore be unnecessarily duplicative. The definitions in
TSCA section 3 and at 40 CFR 704.3 would be incorporated into 40 CFR
711.3, except insofar as 40 CFR 711.3 provides a modified definition of
a term also defined at 40 CFR 704.3.
The term mixture is defined in both 40 CFR 710.3 and TSCA section
3. For purposes of the IUR rule, EPA is proposing to incorporate the
definition of mixture from TSCA section 3. The TSCA mixture definition
differs from the definition in 40 CFR 710.3 and 40 CFR 720.3, the
regulations used to determine the chemical substances listed on the
TSCA Inventory, in that it does not specifically address hydrates.
While hydrates are not addressed specifically in the definition, a
hydrate is a mixture of water and an anhydrous chemical substance. As
with mixtures in general, the individual components of the mixture may
be separately reportable at the time of their manufacture or import.
EPA believes, for purposes of the IUR rule, it is not necessary to
include hydrates separately in the definition of mixture. The Agency
would continue to include such a discussion in the instructions (Ref.
5).
Unit III.C. contains further discussions about changes to specific
definitions, in relation to the modifications included in this proposed
rule. A summary of all IUR-related definitions is available in the
docket (Ref. 6).
3. Delete non-isolated intermediate definition from 40 CFR 710.3.
EPA added a definition to 40 CFR 710.43 for the term ``non-isolated
intermediate'' as part of the 2003 Amendments. Subsequently, as part of
the IUR Revisions Rule published in the Federal Register issue of
December 19, 2005 (Ref. 7), EPA erroneously moved the definition to 40
CFR 710.3 from 40 CFR 710.43. EPA is proposing to delete the definition
from 40 CFR 710.3 as this definition was not associated with the
original TSCA Inventory, and therefore does not belong in 40 CFR 710.3.
A definition of this term, codified elsewhere at 40 CFR 704.3, would be
incorporated into the IUR definitions at proposed 40 CFR 711.3.
4. Deleting subpart B text. EPA is proposing to delete the
regulatory text contained in 40 CFR part 710, 40 CFR 710.23 to 710.39
(subpart B). This text refers to IUR submission periods of 2002 and
earlier and is obsolete. As noted in 40 CFR 710.1, the Agency expressed
its intent to remove subpart B once the 2002 update was complete.
5. Deleting superfluous text associated with reporting production
volumes. EPA is proposing to delete the phrase ``provided that the
reported figures are within 10% of the actual volume'' from
the production volume reporting requirements currently found in 40 CFR
710.52(c)(3)(iv) (proposed 40 CFR 711.15(b)(3)(iv)). The revised
wording would be ``This amount must be reported to two significant
figures of accuracy.'' The deleted phrase is superfluous because any
number reported accurately to two significant figures is within 10% of
the correct value.
6. Correcting text associated with reporting number of sites and
number of workers. EPA is proposing to replace the phrase ``less than''
with the phrase ``fewer than'' in the ranges used to report the number
of workers currently found in the table in 40 CFR 710.52(c)(3)(v)
(proposed 40 CFR 711.15(b)(3)(vii)) and the number of sites currently
found in the table in 40 CFR 710.52(c)(4)(i)(E) (proposed 40 CFR
711.15(b)(4)(i)(E)). This proposed change would make the phrases
describing the ranges grammatically correct.
B. Method of Submission
The upcoming IUR submission period, during which submitters will be
required to report the IUR information to EPA, will be June 1 to
September 30, 2011. The Agency will make e-IURweb and associated
guidance materials available to submitters prior to the start of the
submission period. Draft instructions are included in the docket for
this proposed rule.
EPA is proposing to require the mandatory use of Agency-provided,
web-based reporting software (e-IURweb) to complete Form U and CDX to
submit the completed Form U to the
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Agency. Users of CDX are required to register and to submit an
authorized signature agreement.
EPA accepted 2006 IUR submissions in several ways. Submissions
could be completed and delivered electronically via the Internet and
CDX, or submissions could be completed on paper or electronic media
(i.e., as a file on a CD-ROM) and delivered by mail or a delivery
service. Approximately one-third of the submissions were made
electronically, and EPA was able to immediately process and quickly
begin to use the information from those electronic submissions.
Submissions sent as a file on a CD-ROM were printed and, along with
paper submissions, scanned into an electronic system.
Due mostly to the time and resources needed to review and correct
submitter- and scanning-related errors associated with non-electronic
submissions, EPA required over 2 years to validate and process the data
from the 2006 IUR. The Agency had to take extra steps in order to
correct the data during that period, such as accessing the original
submission instead of the information in the IUR database. In addition,
EPA released the public database in December 2008 without information
on approximately 5% of the reported chemical substances due to the high
error rate experienced with the 2006 IUR data collection and receipt. A
large number of errors were created through the scanning process and
required correction by hand, which was very labor intensive. The
introduced errors included incorrectly scanned chemical identities and
indications of whether a data element was claimed CBI. An incorrectly
recorded CBI claim could lead to the inadvertent disclosure of
confidential information or to the non-release of non-confidential
information.
EPA also detected significant errors not related to scanning on a
substantial number of reporting forms and faced difficulties resolving
issues pertaining to submissions with incorrect chemical identification
information. Some of the errors included submitters not specifically
identifying a chemical substance, providing chemical names and Chemical
Abstracts Registry Numbers (CASRN) that did not match, or providing a
CASRN that did not exist. Often, the submitted data did not conform to
the reporting requirements described and explained in the IUR rule and
2006 guidance documents.
The 2006 IUR reporting software provided by the Agency contained a
validation program designed to identify certain errors prior to
submission. Sometimes a submitter used the software to prepare a
submission, but printed the reporting form prior to completing the
validation check because it was not able to pass the validation. Such
reports typically contained incomplete or incorrect information, and
EPA needed to contact the submitter or take other steps to correct the
data prior to entering it into the database.
EPA believes the proposed requirement to use e-IURweb to report
electronically would eliminate problems related to the scanning of
paper documents, incorrect chemical identities, and other errors
introduced by the submitter. These errors substantially delayed the
availability of the IUR information to both internal EPA programs, such
as the Existing Chemicals Program, and the public.
1. Updated e-IURweb reporting software. EPA developed e-IUR
reporting software for use in preparing and submitting reports
electronically during the 2006 IUR submission period (see http://www.epa.gov/iur/tools/software.html). For the 2011 IUR submission
period, EPA will provide a free web-based application in place of the
2006 downloadable software. The 2011 e-IURweb software will feature
several enhancements over the 2006 e-IUR software. These improvements
include a sophisticated validation system, which would alert users when
a required field on the form is either missing information or contains
certain kinds of potentially incorrect information. Other updates are
expected to include automated chemical identity checks, automated
company and site identity checks, and the facilitation of joint
submissions and amendments.
2. Require electronic submissions over the Internet. EPA is
proposing to require that manufacturers (including importers) submit
their IUR reports to the Agency through CDX via the Internet. EPA would
require that all submissions be generated using e-IURweb, as described
in Unit III.B.1. Electronic submissions would ensure that IUR data will
have completed a basic validation check, could be quickly incorporated
into a database and ready for immediate Agency use, and would not be
subject to subsequent data entry errors. Furthermore, EPA believes the
required use of e-IURweb and CDX would reduce the reporting burden on
industry by reducing both the cost and the time required to review,
edit, and transmit data to the Agency. After the final rule's effective
date, EPA would no longer accept paper submissions or electronic media
(i.e., as a file on a CD-ROM) for any IUR submission.
EPA is proposing that submission of IUR data through CDX become
EPA's required submission method for several reasons. Electronic
submission enables EPA to notify the submitter that the Agency has
received its submission, it reduces reporting errors, and it enables
data to be available for Agency and public use more quickly. During the
comment period for the renewal of the Information Collection Request
(ICR), which was published in the Federal Register issue of September
5, 2008 (Ref. 8), EPA received positive comments regarding the use of
CDX, the encrypted Internet submission process, and the ability to use
a secure electronic signature method to submit IUR reports.
EPA requests comment on whether there are circumstances in which a
company may not have Internet access to report IUR data electronically.
3. Electronic signature process. In order to submit electronically
to EPA via CDX, individuals acting on behalf of the submitter must
first register with CDX. CDX registration is a requirement for all
electronic submissions using CDX and is not being introduced with this
proposal. During the 2006 IUR, submitters were required to complete an
Electronic Signature Agreement (ESA) and to submit the agreement in
hard copy with a wet ink signature to EPA in order to complete the CDX
registration (Ref. 9). There was confusion among some submitters
regarding the correct identity of the individual eligible to register
for CDX and the individual required to sign the ESA.
EPA is making changes to the registration process in order to
address problems identified during the 2006 IUR electronic reporting.
For 2011 IUR reports, EPA is modifying the 2006 ESA to identify more
clearly the individual(s) required to sign the agreement. The Agency is
developing an ESA process similar to that of the New Chemical Program
electronic submissions (Ref. 10). Each IUR submission must have an
authorized official associated with the submission, who is the person
signing the certification statement and submitting the IUR report via
CDX. The authorized official would need to complete both an ESA and the
CDX registration process.
EPA is requesting comment on whether some reporting sites may need
or desire to have more than one individual complete an ESA, so that
other individuals could add information to the IUR submission. The
other individual may be a paid employee of the company, an outside
consultant for the company, or an authorized representative agent for
the company. While this individual would not be able to sign the
certification statement required for the IUR submission, he or
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she would be able to provide additional information, if needed, using
CDX. For 2006 and prior IUR submissions, submitters were not able to
provide additional information electronically.
EPA is considering developing a single ESA and CDX registration
process that would be applicable to all TSCA programs. EPA believes a
company or site may want to use the same authorized official for both
Premanufacture Notice (PMN) submissions and IUR submissions. EPA is
interested in obtaining comments on this approach. For example, would
the authorized official responsible for signing both an IUR submission
and a PMN submission be the same person?
C. Modifications to Selected Definitions
As part of developing the definition section for 40 CFR part 711,
EPA is proposing to modify six definitions associated with the IUR rule
and to add four new definitions. In 40 CFR 704.3 and 40 CFR 710.3, EPA
is also proposing to modify the definition of importer by removing the
citation to 19 CFR 1.11. The citation, which would correctly read 19
CFR 101.1, is not needed for this definition because it does not add
additional information to the definition of importer.
1. Manufacture and manufacturer. In order to improve the
information submitted through the IUR rule, EPA is proposing to modify
the definition of manufacture by incorporating elements from the 40 CFR
720.3 definition for manufacturer. The proposed 40 CFR 711.3 definition
of manufacture would allow persons contracting with a toll manufacturer
to report the chemical physically manufactured at the toll
manufacturer's site. Under the proposed definition of site, the site
information would be the toll manufacturer's site (see Unit III.C.2.).
Adopting this definition would allow the person contracting for the
manufacture of a chemical substance to report the information on the
industrial processing and use of a chemical substance and on the
consumer and commercial uses of a product containing the chemical
substance. Information on the uses of a chemical substance is often
unavailable to a toll manufacturer who produces a chemical substance
for another person. EPA is proposing to include a modified definition
of manufacture in 40 CFR 711.3 instead of adopting the definition of
manufacturer from 40 CFR 720.3 because the IUR rule does not use the
term manufacturer. In order to avoid any confusion with the definitions
of these terms found at 40 CFR 704.3, the Agency is also proposing to
add a simple definition for the term manufacturer to 40 CFR 711.3. In
addition to the proposed change to the definition of manufacture, EPA
is proposing to add a paragraph (c) to the proposed regulation at 40
CFR 711.22 to clarify the reporting relationship between the
contracting company and the toll manufacturer. The contracting company
is primarily responsible for the IUR reporting, but in the event the
contracting company does not report, the toll manufacturer must report.
Both the contracting company and the toll manufacturer are liable if no
report is made. Note that the contracting company and the toll
manufacturer should confer with each other to avoid duplicate
reporting.
With this proposal, the term manufacture therefore would be defined
under the IUR rule to mean ``to manufacture, produce, or import for
commercial purposes. Manufacture includes the extraction, for
commercial purposes, of a component chemical substance from a
previously existing chemical substance or a complex combination of
substances. When a chemical substance, manufactured other than by
import, is:
(1) Produced exclusively for another person who contracts for such
production.
(2) That other person specifies the identity of the chemical
substance and controls the total amount produced and the basic
technology for the plant process, that chemical substance is jointly
manufactured by the producing manufacturer and the person contracting
for such production.''
Also with this proposal, the term manufacturer would be defined under
the IUR rule to mean ``a person who manufactures a chemical
substance.''
2. Site. EPA is proposing to amend the definition of site to:
i. Clarify that the importer's site must be a U.S. address.
ii. Accommodate manufacturing under contract.
iii. Accommodate portable manufacturing units.
See Unit III.I. for a further discussion of this proposal as it relates
to importers. As described in Unit III.C.1., the proposed 40 CFR 711.3
definition of manufacture would allow persons contracting with a toll
manufacturer to report the chemical substance physically manufactured
at the toll manufacturer's site and the site identification information
pertaining to the toll manufacturer's site.
EPA identified the need to accommodate portable manufacturing units
during the 2006 IUR submission period. Two examples of portable
manufacturing units are tanks used to manufacture calcium hydroxide
slurry for use in building construction and road and highway projects,
and tanks used to mix anhydrous ammonia and water to manufacture
ammonium hydroxide prior to application to agricultural lands. EPA is
interested in including chemical substance manufacturing that is, for
instance, performed by road crews or is occurring at construction sites
at which chemical substances are mixed on site in such a manner to
create a different chemical substance, e.g., asphalt emulsifiers. The
site of physical manufacturing could change on a frequent basis.
Manufacturers would report the aggregated production volume for all of
the portable manufacturing units sent out to different locations from a
single distribution center. The address of the distribution center
would be reported as the site location. EPA is interested in comments
on whether the proposed definition addressing portable manufacturing
units would result in reporting, under the IUR rule, for situations
similar to those presented as examples.
With this proposal, the term site would be defined under the IUR
rule to mean ``a contiguous property unit. Property divided only by a
public right-of-way shall be considered one site. More than one plant
may be located on a single site.
(a) For chemical substances manufactured under contract, i.e., by a
toll manufacturer, the site is the location where the chemical
substance is physically manufactured.
(b) The site for an importer who imports a chemical substance
described in 40 CFR 711.5 is the U.S. site of the operating unit within
the person's organization that is directly responsible for importing
the chemical substance. The import site, in some cases, may be the
organization's headquarters in the United States. If there is no such
operating unit or headquarters in the United States, the site address
for the importer is the U.S. address of an agent acting on behalf of
the importer who is authorized to accept service of process for the
importer.
(c) For portable manufacturing units sent out to different
locations from a single distribution center, the distribution center
shall be considered the site.''
3. Electronic-reporting related definitions. EPA is proposing to
add two new terms, Central Data Exchange (CDX) and e-IURweb. The Agency
is adding these terms to provide clarity to the proposed requirement
for electronic reporting of IUR data. The term CDX means ``EPA's
centralized electronic
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document receiving system, or its successors, including associated
instructions for registering to submit electronic documents.'' The new
definition would make the term consistent with the new PMN definition.
The term e-IURweb means the ``electronic, web-based IUR software
provided by EPA for the completion and submission of the IUR data.''
4. Processing and use-related definitions. EPA is proposing to
amend the definitions of the terms commercial use and consumer use in
order to make them more consistent with the definitions developed
collaboratively by the United States and Canada. See Unit III.F.8. for
further information. The proposed definitions for these two terms
differ in wording from the Canadian version to ensure the use of
terminology defined in IUR and related regulations, and EPA believes
the basic application of these two terms would not differ from the
basic application of the Canadian definitions (Ref. 11). The term
commercial use would mean ``the use of a chemical substance or a
mixture containing a chemical substance (including as part of an
article) in a commercial enterprise providing saleable goods or
services.'' Examples included in the 40 CFR 710.43 definition would be
eliminated. The slightly modified definition of consumer use would be
``the use of a chemical substance or a mixture containing a chemical
substance (including as part of an article) when sold to or made
available to consumers for their use.'' The restrictions associated
with where a consumer would use the product would be removed.
EPA is proposing to add a definition for the term industrial
function. For the 2006 IUR, EPA defined industrial use and did not
define industrial function. The inclusion of both definitions provides
clarity for the industrial processing and use reporting requirements
and would make the Agency's requirements consistent with those
collaboratively developed with Canada (Ref. 11). Additional discussion
of those requirements is in Unit III.F.7. With this proposal,
industrial function would mean ``the intended physical or chemical
characteristic for which a chemical substance or mixture is consumed as
a reactant; incorporated into a formulation, mixture, reaction product,
or article; repackaged; or used.''
5. Principal reporting year and submission period. As described in
Unit II.A., EPA is proposing to change the reporting cycle from every 5
years to every 4 years and to require the reporting of production
volumes for each calendar year since the last principal reporting year.
EPA is proposing to modify the terms reporting year and submission
period to reflect these changes.
The term reporting year would be modified to add the term
``principal'' and to replace the word ``information'' with
``manufacturing, processing and use data.'' These changes are to
indicate that the principal reporting year is the year in which most of
the reported data are based. Under the current proposal, the principal
reporting year is the latest complete calendar year preceeding the
submission period. Additionally, EPA is proposing to remove the
reference to ``the calendar year at 5-year intervals thereafter'' and
to remove the reference to ``calendar year 2005.'' With these changes,
the term principal reporting year would be defined as ``the lastest
complete calendar year preceding the submission period.''
The term submission period would be modified by deleting the phrase
``generated during the reporting year.'' With this change, the
definition of submission period would reflect that data for years in
addition to the principal reporting year would be reported. With this
change, the definition of submission period would mean ``the period in
which manufacturing, processing, and use data are submitted to EPA.''
D. Modifications to Reporting Thresholds
Reporting thresholds are used to determine when IUR reporting is
required for a subject chemical substance at a manufacturing (including
importing) site. Every person manufacturing (including importing) a
non-excluded chemical substance at or above the 25,000 lb. threshold is
required to report information in Parts I and II of Form U. Beginning
with the 2006 IUR submission period, every person manufacturing
(including importing) a non-excluded chemical substance at or above the
300,000 lb. threshold was required to report information in Part III of
Form U, unless the chemical substance was partially exempt. EPA is
proposing three changes related to the reporting thresholds:
Determination of whether you meet the 25,000 lb.
threshold.
Elimination of the 300,000 lb. threshold for reporting
information in Part III of Form U.
Elimination of the 25,000 lb. threshold for certain
chemical substances.
1. Method for determining whether a person is subject to IUR
reporting requirements. Currently, a 1-year snap shot of manufacturing
(including importing) is used to determine the need to report for the
IUR rule. The method used to make the reporting determination involves
identifying that a person manufactured (including imported) a chemical
substance listed on the TSCA Inventory during the principal reporting
year (e.g., 2005 for the 2006 IUR submission period); that the chemical
substance was not otherwise exempt; and that the associated production
volume (domestically manufactured plus imported volumes) met or
exceeded 25,000 lb. for the principal reporting year (e.g., 2005 for
the 2006 IUR submission period).
EPA is proposing to modify the method used to determine whether a
person is subject to IUR reporting. The proposed method would be to
determine whether, for any calendar year since the last principal
reporting year, a chemical substance was manufactured (including
imported) at a site in production volumes of 25,000 lb. or greater. The
proposed method would be effective after the 2011 IUR submission
period.
For example, assume the next submission period occurs in 2015. The
principal reporting year for the 2011 IUR submission period is calendar
year 2010. Therefore, for the 2015 IUR submission period, it would be
necessary to examine the annual production volumes for the years 2011
to 2014 for the site. If the production volume for a reportable
chemical substance were 25,000 lb. or greater for any calendar year
during that 4-year period, then it would be necessary to report the
chemical substance, unless it were otherwise exempt. For instance, a
subject chemical substance with production volumes of 5,000 lb. in 2014
and 35,000 lb. in 2012 would be reported for the 2015 IUR. Regardless
of the 2014 production volume, in this example scenario the 2015 IUR
submission would contain detailed information based on manufacturing
during the 2014 calendar year and production volume information only
for the years 2011 through 2013, as described in Unit III.F.4.i.
EPA is proposing this change because of the mounting evidence that
many chemical substances, even larger volume chemical substances, often
experience wide fluctuations in manufacturing volume from year to year.
This can result in the production volume of a chemical substance
exceeding the threshold for several years, then falling below the
threshold during the IUR principal reporting year. Consequently,
previous IUR reporting has resulted in a change of
[[Page 49664]]
approximately 30% in the composition of the chemical substances being
reported from one submission period to the next. Therefore, the 1-year
snapshot of production volume does not provide an accurate picture of
the chemical substances in commerce, and may provide an erroneous view
of the exposure scenarios associated with a particular chemical
substance.
An example of the wide fluctuations in manufacturing volume is
found in the Agency's HPV Challenge Program (described in Unit
III.D.1.). In this program, IUR data were used to determine the HPV
chemical substances, or the chemical substances with nationally
aggregated production volumes of one million lb. or more. As the HPV
Challenge Program progressed, the Agency chose not to pursue certain
chemical substances because new IUR reporting indicated that the
nationally aggregated production volume had dropped below one million
lb. However, based on the latest IUR, the production volume for some of
the chemical substances the Agency was no longer pursuing had risen
again to exceed one million lb.
Industry representatives have provided further evidence that
capturing production volume for only the principal reporting year is
resulting in the omission of information on chemical substances in
current production. In comments submitted to the Agency in response to
other programs, the industry representatives expressed concern that
short reporting determination periods would drastically misrepresent
the chemical substances that currently are in commerce. Industry
representatives stated they manufactured or imported some chemical
substances only occasionally, and that these chemical substances would
not be captured if the reporting covered too short a period. Comments
included statements such as ``A longer time frame is necessary to
capture the sporadically produced chemicals... As such, a `snapshot' in
time may not adequately identify the complete inventory
requirements...'' (Ref. 12). Another commenter agreed a longer
timeframe to report chemical substances would capture those chemical
substances that undergo periodic manufacture based upon customer-driven
demand or other factors (e.g., variation in availability or cost of raw
materials, cost of substitute materials, etc.) (Ref. 13) or chemical
substances that are used infrequently and upon request when working
with suppliers (Ref. 14).
In light of these comments and EPA's own experiences, the Agency
believes that using production volume reporting for all years since the
last principal reporting year to determine reporting obligations would
yield a much more accurate picture of the chemical substances currently
in commerce, ensuring proper review under EPA's risk screening,
assessment, and management activities and providing better information
to the public. EPA presents the estimated increase in industry costs
and burden associated with this proposed amendment in Section 4.4.3 of
the Economic Analysis (Ref. 15).
EPA requests comments on alternatives that would provide an equally
accurate picture of chemical production, and whether 25,000 lb. in any
1 year is the appropriate reporting threshold. EPA also requests
comment on whether this change should apply only to certain regulated
chemical substances (see Unit III.D.3.).
2. Eliminate 300,000 lb. threshold for processing and use
information. EPA is proposing to eliminate the 300,000 lb. threshold
for processing and use information, thereby requiring all reporters of
non-excluded chemical substances to report information in all parts of
Form U. EPA is proposing to eliminate this reporting threshold in order
to collect information necessary to complete screening-level exposure
characterizations for IUR reportable chemical substances. The exposure
information is an essential part of developing risk evaluations and,
based on its experience in using this information, the Agency believes
that collecting this exposure information is critical to its mission of
characterizing exposure, identifying potential risks, and noting
uncertainties for these lower production volume chemical substances. In
addition, this change will provide the public with information on a
greater number of chemical substances. In the 2003 Amendments final
rule (Ref. 3), EPA acknowledged the value of information for chemical
substances manufactured in lower volumes and stated that if the Agency
were to find it necessary in the future, it would collect information
on chemical substances at reporting thresholds below the thresholds
that were introduced in that action (i.e., 25,000 lb. and 300,000 lb.).
The current 300,000 lb. threshold applies to each reportable
chemical substance manufactured (including imported) at each individual
reporting site and was selected with the intention that exposure-
related processing and use information would be collected for HPV
chemical substances. When EPA promulgated the 2003 Amendments, the
Agency believed a 300,000 lb. per year site-specific reporting
threshold would capture sufficient exposure-related information for
substantially all HPV chemical substances. However, based on the 2006
data, approximately 23% of the reports submitted for known HPV chemical
substances had reported production volumes below the 300,000 lb.
threshold, and consequently did not contain exposure-related processing
and use information. Therefore, EPA believes that the 300,000 lb.
threshold was too high to provide sufficient processing and use data
for the HPV chemical substances. The Agency explored setting the
threshold for reporting processing and use information to an alternate
level between the basic reporting threshold of 25,000 lb. and 300,000
lb. for this action, and requests comment on alternate levels. However,
the need to complete characterizations for chemical substances
manufactured (including imported) in volumes of 25,000 lb. to 300,000
lb. in any year led the Agency to believe that it would be best to
eliminate the upper threshold and collect full information for all
reported chemical substances. EPA presents the estimated increase in
industry costs and burden associated with this proposed amendment in
Section 4.4.4 of the Economic Analysis (Ref. 15).
3. Elimination of the 25,000 lb. threshold for certain regulated
chemical substances. EPA is proposing to eliminate the 25,000 lb.
reporting threshold for certain chemical substances that are the
subject of particular TSCA rules and/or orders and to require
manufacturers (including importers) of such chemical substances to
report under the IUR rule, regardless of the production volume. This
provision will ensure the availability of current information when EPA
has expressed a concern in the form of regulatory action on those
chemical substances, regardless of the production volume. EPA is
proposing to eliminate the 25,000 lb. threshold for those chemical
substances that are:
The subject of a rule promulgated under TSCA section
5(a)(2), 5(b)(4), or 6,
The subject of an order issued under TSCA section 5(e) or
5(f), or
The subject of relief that has been granted under a civil
action under TSCA section 5 or 7.
Under this proposal, for the 2011 IUR submission cycle, a
manufacturer, including importer, of such chemical substances would be
required to report information on the manufacturing, processing, and
use of the chemical substances if it manufactured (including imported)
any quantity of these
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chemical substances during the principal reporting year (i.e., 2010)
and would report the production volumes for each year from 2006 to 2010
and the full manufacturing, processing, and use information for 2010.
For subsequent IUR submission cycles, a manufacturer, including
importer, of such chemical substances would be required to report
information on the manufacturing, processing, and use of the chemical
substances if it manufactured (including imported) any quantity of
these chemical substances during any of the years since the last
principal reporting year, including quantities under 25,000 lb. For
2015 reporting, the manufacturer would need to consider the manufacture
or import during the years 2011 through 2014; would report the
production volumes for each year from 2011 to 2014; and would report
the full manufacturing, processing, and use information for 2014.
Chemical substances that are the subject of particular TSCA rules
and/or orders are of demonstrated high interest to the Agency. EPA will
use the IUR data associated with these regulated chemical substances to
monitor chemical substance production and compliance with the rules.
EPA requests comment on whether these chemical substances should
include those that are the subject of a rule proposed under TSCA
section 5(a)(2), 5(b)(4), or 6, thereby more closely paralleling the
exception language in the introductory paragraph to 40 CFR 710.46
(proposed 40 CFR 711.6) and in 40 CFR 710.49 (proposed 40 CFR 711.9).
EPA presents the estimated increase in industry costs and burden
associated with this proposed amendment in Section 4.4.5 of the
Economic Analysis (Ref. 15).
EPA requests comment on whether a de minimus production volume
threshold should be set for these chemical substances. EPA also
requests comment on how best to set such a de minimus threshold.
E. Changes to Chemical Substances Covered by IUR
1. Water. Naturally occurring water is excluded from reporting
under the IUR rule, but manufactured water, which is not naturally
occurring, is a reportable chemical substance. EPA is proposing to
fully exempt all (both naturally occurring and manufactured) water
(CASRN 7732-18-5) and to remove water from the petroleum streams
partial exemption (40 CFR 710.46(b)(1)).
EPA received approximately 43 IUR reports for water during the 2006
submission period. Therefore, this proposed exemption would likely
result in a burden reduction for IUR submitters.
2. Remove fully exempt polymers from partially exempt list.
Polymers are a class of chemical substances for which IUR reporting is
not required (40 CFR 710.46(a)(1)) (proposed 40 CFR 711.6(a)(1)).
However, three polymers are listed in the partially exempt list of
chemical substances at 40 CFR 710.46(b)(2)(iv): Starch (CASRN 9005-25-
8), Dextrin (CASRN 9004-53-9), and Maltodextrin (CASRN 9050-36-6).
Improperly including chemical substances that meet the IUR definition
of a polymer in the partially exempt list of chemical substances may be
confusing to submitters and may lead to unnecessary reporting for these
chemical substances. EPA is proposing to amend the partially exempt
list of chemical substances at 40 CFR 710.46(b)(2)(iv) (proposed 40 CFR
711.6(b)(2)(iv)) to remove these three chemical substances which, as
polymers, are fully exempt from reporting.
3. Making chemical substances that are the subject of an
Enforceable Consent Agreement (ECA) ineligible for exemptions. EPA may
enter into an ECA, pursuant to procedures at 40 CFR part 790, with a
manufacturer of a chemical substance to obtain testing where a
consensus exists among EPA, affected manufacturers and/or processors,
and interested members of the public concerning the need for and scope
of testing. Chemical substances covered by ECAs are of demonstrated
high interest to EPA. The Agency has an interest in identifying the
manufacturing, processing, and use of chemical substances under such
agreements, and therefore is proposing to require that such chemical
substances be reported for IUR purposes, regardless of whether the
chemical substance otherwise meets the requirements listed in 40 CFR
710.46 (proposed 40 CFR 711.6) as an exempt or partially exempt
chemical substance. This provision will ensure the availability of
current information if EPA has expressed a concern in the form of an
ECA on any chemical substance otherwise excluded from the IUR rule. EPA
is therefore proposing to make chemical substances that are the subject
of an ECA ineligible for IUR exemptions.
With this proposal, chemical substances that are the subject of an
ECA would be included in the list of chemical substances that are
ineligible for an IUR exemption, in the introductory paragraph of 40
CFR 710.46 (proposed 40 CFR 711.6) listing the other chemical
substances that are likewise not eligible for an IUR exemption. The
paragraph would state that a chemical substance ``is not exempted from
any of the reporting requirements of this part 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 a consent agreement
developed under the procedures of 40 CFR part 790, 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.''
F. Modifications to Reportable Data Elements
1. Parent company and site identity. Manufacturers (including
importers) are required to report the company name and Dun and
Bradstreet (D&B) number to identify the company associated with the
plant site, and also to report the site name, address, and D&B number.
If the company associated with the plant site does not have a D&B
number, the manufacturer (including importer) must obtain a D&B number
for the company. Likewise, if the plant site does not have a D&B
number, the manufacturer (including importer) must obtain a D&B number
for the site. EPA received a variety of questions concerning the
correct company name to report during the 2006 IUR submission period.
EPA is now clarifying what is meant by company name, by proposing to
require that the company name provided be the ultimate domestic parent
company name. EPA believes this change will reduce confusion by making
this reporting requirement consistent with the Toxic Release Inventory
(TRI) requirements for parent company name. The requirement that the
ultimate domestic parent company name be reported does not affect the
determination of small business status, which is not limited to
domestic companies. Persons covered by the IUR rule should continue to
base small business determinations on the ultimate parent company,
regardless of whether that company is domestic or foreign.
The 2006 IUR submissions from different reporting sites contained
varying D&B numbers for parent companies that appeared to be the same
company. In order to better identify when reporting sites are under the
same parent company, EPA is proposing to include the address as well as
the D&B number of the parent company.
2. Technical contact. Manufacturers (including importers) are
required to provide a technical contact for their IUR submission. The
technical contact must be a person who can answer questions
[[Page 49666]]
EPA may have about the reported chemical substance and should be a
person located at the manufacturing (including importing) site. Based
on EPA's experience with contacting the reported technical contact with
follow-up questions concerning 2006 IUR submissions, reporters often
provide the names of individuals who are not directly connected to the
reporting site, and therefore, are not knowledgeable about either the
chemical or the submission. EPA has also seen situations where the
technical contact is a contracted employee who is able to address
subsequent concerns only if he or she remains under contract. Note that
EPA may raise follow-up questions about an IUR submission, possibly
years after the submission date. EPA is interested in any comments or
suggestions regarding how to better identify the technical contact.
EPA is considering allowing multiple technical contacts on a
chemical-by-chemical basis. The e-IURweb reporting software would allow
the identification of several names associated with a submission. EPA
is interested in any comment or suggestions regarding this
consideration.
3. Chemical identity. Manufacturers (including importers) are
required to submit the correct chemical identity for each subject
chemical substance. For the 2006 IUR, the correct chemical identity
included a specific chemical name and a corresponding identifying
number. The identifying number could be the CASRN, the TSCA Accession
Number, or the number assigned to the chemical's PMN number.
i. Chemical name. EPA is proposing to require the reporting of the
CA Index Name currently used to list the chemical substance on the TSCA
Inventory as the chemical name reported for IUR. Currently submitters
are required to report a specific chemical name, with no further
elaboration in the regulatory text. The Instructions for Reporting
presently state that manufacturers should use CA Index Names or, if CA
Index Names are not available, manufacturers should use nomenclature
that completely and accurately describes the chemical substance.
EPA has found, however, that submitters sometimes supply a name
that is somewhat generic or excludes parts of the specific chemical
identity that distinguishes one chemical substance from another. EPA's
experience from the 2006 IUR was that up to 5% of the reports submitted
contained chemical identity problems serious enough that the Agency was
unable to precisely identify the chemical substance. These problems
resulted in the temporary exclusion of the information associated with
the poorly or erroneously identified chemical substance from the IUR
database until the Agency was able to obtain correct and specific
chemical identity information from the submitter. EPA believes the
requirement to use the chemical name as currently listed on the TSCA
Inventory will greatly reduce the number of poorly identified chemical
substances. EPA intends to include the CASRN and CA Index Names as part
of e-IURweb, to the extent possible without jeopardizing
confidentiality claims.
Manufacturers (including importers) will be allowed to supply an
alternate chemical name, and in the case of importers, a trade name, in
those instances where a supplier will not disclose to the submitter the
specific chemical name of the imported TSCA Inventory chemical
substance or a reactant used to manufacture the TSCA Inventory chemical
substance. In these cases, the manufacturer (including importer) and
the supplier report the information required in this part in a joint
submission. In order to clarify this requirement, EPA is proposing an
amendment to 40 CFR 710.52(c)(3)(i) (proposed 40 CFR 711.15(b)(3)(i))
to state that the importer must have the supplier of the confidential
chemical substance directly provide EPA with the correct chemical
identity, in a joint submission with the manufacturer. Furthermore, in
the event the manufacturer submitting a report cannot provide the whole
chemical identity because the reportable chemical substance is
manufactured using a reactant having a specific chemical identity
claimed as confidential by its supplier, the manufacturer must submit a
report directly to EPA containing all other information known to or
reasonably ascertainable by the manufacturer about the chemical
identity of the reported chemical substance and must ensure that the
supplier directly provides to EPA the correct chemical identity of the
confidential reactant in a joint submission. See Unit III.I. for
additional information regarding joint submissions. Detailed draft
instructions regarding joint submissions are included in the draft
Instructions included in the docket (Ref. 5). EPA is interested in any
comments regarding the procedure under consideration.
ii. Chemical identifying number. As part of the chemical identity,
submitters provide a chemical identifying number associated with the
correct CA Index Name, as described in Unit III.F.3. For most chemical
substances, the chemical identifying number is the CASRN correctly
corresponding to the reported CA Index Name. If the CASRN number is not
available because the chemical substance is listed on the confidential
portion of the TSCA Inventory and a CASRN does not already exist for
that substance, the submitter could report either the associated TSCA
Accession Number or PMN number.
EPA is proposing to allow submitters to report only the CASRN as a
chemical identifying number or, in the case of confidential chemical
substances, the TSCA Accession Number. Note that in cases where a CASRN
exists for a confidential chemical, it can be reported instead of the
TSCA Accession Number and claimed as confidential for purposes of the
IUR submission. EPA is proposing to remove the PMN number as an allowed
chemical identifying number because each TSCA Inventory chemical
substance has either (or both) a CASRN or a TSCA Accession Number,
which are likely to be already known to the submitter. Furthermore, the
Agency has to spend considerably more time and effort to access and
review reported information that has been identified only by a PMN
number.
Submitters who, in the past, have reported using the PMN number of
a confidential substance may contact EPA, if necessary, to learn the
TSCA Accession Number assigned when the Notice of Commencement (NOC)
was submitted to the Agency.
4. Production volume. Manufacturers (including importers) are
required to report production volume information for each chemical
substance for which they submit an IUR report. For the 2006 IUR,
production volume information consisted of the manufactured production
volume; the imported production volume; an indication of whether the
chemical substance was manufactured, imported, or both; and an
indication of whether the chemical substance was site-limited. In
instances where a single site both domestically manufactures and
imports the same chemical substance, the site was to report the
domestically manufactured and imported production volumes separately on
one report. The combined total production volume was then used as the
basis for determining the percentage of production volume in other
areas of the report, such as for the physical form, the industrial
process or use, or the consumer or commercial use.
EPA is proposing a number of changes to the reporting of production
volume and associated information. The Agency believes these changes
would improve the usefulness of the information for EPA and others, and
would provide
[[Page 49667]]
clarity for the reporting obligations of the submitter.
i. Report production volume for each of the years since the last
principal reporting year. EPA is proposing to require reporting of
production volume for each of the 5 years since the last IUR principal
reporting year. Thus, for the 2011 IUR submission period, manufacturers
(including importers) of a chemical at or above the 25,000 lb.
threshold would report the production volume of that chemical substance
for each of the following calendar years: 2010, 2009, 2008, 2007, and
2006. This change would provide information EPA and others need as
stated in Unit III.D. Collecting the production volume for multiple
years would provide greater detail than the current once-every-five-
years snapshot.
For the principal reporting year, e.g., 2010, the domestic
manufacture and the import production volume would continue to be
reported separately on the same report. EPA review and analysis of the
2006 IUR data has revealed that some submitters are erroneously
submitting multiple reports for the same chemical substance, at times
reporting the information associated with domestic manufacturing and
importing in different reports. The submitter should complete only one
report for each chemical substance.
EPA uses production volume data in several important ways. The data
help the Agency to establish trends in chemical substance
manufacturing; to determine the effectiveness of various Agency and
other programs; to estimate the magnitude of consumer, worker, and
environmental exposures; and to determine the costs (and financial
impacts) of potential control strategies in economic analyses. As
discussed in Unit III.D.2., the collection of annual production volume
data would allow EPA to identify more consistently the HPV chemical
substances. Voluntary EPA programs such as Design for the Environment
(DfE) and other pollution prevention programs would use the annual
production volume data to identify trends and program performance.
Relying on a single snapshot of annual production volume in each
reporting determination period hampers EPA's ability to identify the
programs and techniques that are most effective, using measurable,
readily identifiable production trend data.
Unit V. contains a series of requests for comments on additional
ideas under consideration by the Agency. One of the ideas concerns the
collection of more than just the production volume since the last
principal reporting year. The Agency is interested in comments on this
matter. Please see Unit V. for additional discussion.
ii. Volume of chemical substance used on-site. EPA is proposing to
require that submitters report the volume of a manufactured (including
imported) chemical substance used at the reporting site. The
requirement to report the volume used on-site is replacing the
requirement to indicate that the chemical substance is site-limited.
Under this proposal, either domestically manufactured or imported
chemical substances could be reported as used at the reporting site,
whereas, under the current reporting requirements, only domestically
manufactured chemical substances, consumed entirely at the site of
manufacture, should be reported as site-limited.
EPA is proposing this change to simplify reporting and to collect
information that better addresses the Agency's needs. In the past,
submitters sometimes incorrectly reported their production volume
separately to identify the portion of their chemical substance that was
consumed at the site of manufacture. For the 2006 IUR, many submitters
continued this practice and erroneously filed separate reports to
identify that a portion of their production volume was site-limited.
Filing separate reports resulted in the need to report processing and
use information separately when the combined production volume was
300,000 lb. or greater. Reporting all production volumes on one report
simplifies reporting for such submitters and results in a less
complicated database, thereby making the data easier to use. In
addition, reporting the volume used on-site provides valuable
information related to potential exposures associated with the on-site
volumes, providing the Agency with better information for exposure
assessments and other data analyses.
iii. Indicate whether imported chemical substances are physically
at reporting site. EPA is proposing to add a requirement to indicate
whether an imported chemical substance is physically at the reporting
site. Often, the site reporting an imported chemical substance never
physically receives the chemical substance, but instead ships it
directly to another location such as a warehouse, a processing or use
site, or a customer's site. Identifying whether the chemical substance
is physically at the reporting site provides more accurate information
for screening-level analyses and other uses of the IUR data.
iv. Report volume exported. EPA is proposing to add a requirement
to report the production volume directly exported and not domestically
processed or used. This would allow EPA to better identify the
proportion of the production volume accounted for by the use reporting,
given that downstream reporting is not required for exported chemical
substances.
5. Identify whether a chemical substance is to be recycled,
remanufactured, reprocessed, reused, or reworked. EPA is proposing to
add a requirement to indicate (via a check-box) whether a manufactured
chemical substance, such as a byproduct, is to be recycled,
remanufactured, reprocessed, reused, or reworked. Submitters would
identify that their manufactured chemical substance, which otherwise
would be disposed of as a waste, is being removed from the waste stream
and has a commercial purpose (i.e., it is being recycled,
remanufactured, reprocessed, reused, or reworked). EPA believes that
such information will help the Agency to identify where these
activities are already occurring, and can be used to encourage such
activities. Collecting information on whether a chemical substance is
being recycled, remanufactured, reprocessed, reused, or reworked and is
not entering the waste stream provides valuable information to EPA and
others regarding trends in chemical substance manufacturing. This
information also can be used to help determine the effectiveness of
various programs, such as EPA's Resource Conservation Challenge (RCC)
Program. EPA launched the RCC Program in 2002, implementing Congress'
instruction to prevent pollution and conserve natural resources and
energy by managing materials more efficiently. The RCC Program's goals
include promoting reuse and recycling and reducing chemicals of
national concern in products and waste. Indicating that a manufactured
chemical, such as a byproduct, is to be recycled, remanufactured,
reprocessed, reused, or reworked does not affect the reporting
requirements associated with any chemical substance manufactured from
the byproduct. See Unit IV.B. for detailed information on byproduct
reporting.
6. Concentration ranges. EPA is proposing to eliminate gaps in the
ranges used to report concentration in 40 CFR 710.52(c)(3) and (4)
(proposed 40 CFR 711.15(b)(3) and (4)). The current ranges result in
gaps between 30 and 31% and 60 and 61%. The proposed ranges would be:
Less than 1% by weight.
At least 1% but less than 30% by weight.
[[Page 49668]]
At least 30% but less than 60% by weight.
At least 60% but less than 90% by weight.
At least 90% by weight.
7. Industrial processing and use information reporting. In 2003,
EPA added industrial processing and use data to the information
collected through the IUR rule for chemical substances manufactured in
quantities of 300,000 lb. or greater during the principal reporting
year. The industrial processing and use information included industrial
function categories and NAICS codes. EPA found that knowing these two
data elements for a chemical substance was useful in selecting a
scenario that characterizes the frequency, route, and duration of
exposure to a chemical substance during manufacture, processing, and
use of the chemical substance. These data are also useful when EPA
characterizes the quantity of the chemical substance in wastes and
emissions entering the environment and for anticipating the
environmental media into which wastes will be released. The Agency is
proposing to revise the list of industrial function categories and to
replace the NAICS codes with industrial sector categories, as described
in sections i. and ii.
i. Industrial function categories. EPA is proposing to revise the
list of industrial function categories by combining categories that
lead to common exposure scenarios and adding categories where the
Agency believes the existing categories do not adequately describe
potential uses. EPA worked with Environment Canada and Health Canada to
develop the proposed set of categories, which would be used by both the
United States and Canada for inventory reporting. Harmonization of the
categories for reporting the industrial functions of chemical
substances would facilitate the exchange of information between EPA and
Canadian agencies and could serve as a model to be used by Mexico in
developing an inventory of chemical substances. In addition, the
harmonized categories would facilitate consistent reporting of chemical
use information by industry in the United States and Canada (Ref. 11).
EPA is proposing to add eight new industrial function categories
and to delete six existing categories from the current list; the total
number of industrial function categories would increase to 35. Also,
EPA is proposing to rename several of the industrial function
categories to provide a more informative description of the function of
chemical substances that should be reported in that category. Lastly,
EPA is proposing to require that if a submitter selects the category
``Other,'' the submitter must provide its own description of the
industrial function of the chemical substance. EPA is proposing the
industrial function categories listed in Table 1 of this unit:
Table 1.--Codes for Reporting Industrial Function Categories
------------------------------------------------------------------------
Code Category
------------------------------------------------------------------------
U001 Abrasives
------------------------------------------------------------------------
U002 Adhesives and sealant
chemicals
------------------------------------------------------------------------
U003 Adsorbents and absorbents
------------------------------------------------------------------------
U004 Agricultural chemicals (non-
pesticidal)
------------------------------------------------------------------------
U005 Anti-adhesive agents
------------------------------------------------------------------------
U006 Bleaching agents
------------------------------------------------------------------------
U007 Corrosion inhibitors and anti-
scaling agents
------------------------------------------------------------------------
U008 Dyes
------------------------------------------------------------------------
U009 Fillers
------------------------------------------------------------------------
U010 Finishing agents
------------------------------------------------------------------------
U011 Flame retardants
------------------------------------------------------------------------
U012 Fuels and fuel additives
------------------------------------------------------------------------
U013 Functional fluids (closed
systems)
------------------------------------------------------------------------
U014 Functional fluids (open
systems)
------------------------------------------------------------------------
U015 Intermediates
------------------------------------------------------------------------
U016 Ion exchange agents
------------------------------------------------------------------------
U017 Lubricants and lubricant
additives
------------------------------------------------------------------------
U018 Odor agents
------------------------------------------------------------------------
U019 Oxidizing/reducing agents
------------------------------------------------------------------------
U020 Photosensitive chemicals
------------------------------------------------------------------------
U021 Pigments
------------------------------------------------------------------------
U022 Plasticizers
------------------------------------------------------------------------
U023 Plating agents and surface
treating agents
------------------------------------------------------------------------
U024 Process regulators
------------------------------------------------------------------------
U025 Processing aids, specific to
petroleum production
------------------------------------------------------------------------
U026 Processing aids, not
otherwise listed
------------------------------------------------------------------------
U027 Propellants and blowing
agents
------------------------------------------------------------------------
U028 Solids separation agents
------------------------------------------------------------------------
U029 Solvents (for cleaning or
degreasing)
------------------------------------------------------------------------
U030 Solvents (which become part
of product formulation or
mixture)
------------------------------------------------------------------------
U031 Surface active agents
------------------------------------------------------------------------
U032 Viscosity adjustors
------------------------------------------------------------------------
U033 Laboratory chemicals
------------------------------------------------------------------------
U034 Paint additives and coating
additives not described by
other categories
------------------------------------------------------------------------
U999 Other (specify)
------------------------------------------------------------------------
ii. Industrial sectors. EPA is proposing to replace the 5-digit
NAICS codes with 48 IS codes. The sectors were adapted from the
European Union's (EU's) ``Guidance on information requirements and
chemical safety assessment.'' The IS codes divide the entire range of
NAICS codes into sectors so that there is a sector corresponding to any
NAICS code. The Agency believes this change would provide several
benefits. First, the sectors would reduce reporting burden because
submitters would not have to look up the NAICS code. Second, it would
encourage more complete reporting by using terms that are already
familiar to industry. Third, the sectors would reduce the likelihood of
errors that result from the selection of miscellaneous or inappropriate
NAICS codes. Fourth, it would reduce the number of codes that could
apply to one chemical substance. Table 2 of this unit lists the
proposed sectors. The rationale for selecting the sectors and the link
between the sectors and the NAICS system is further described in
``Inventory Update Reporting (IUR) Technical Support Document--
Replacement of 5-digit NAICS Codes with Industrial Sector Codes'' (Ref.
16).
One of the primary purposes of the IUR data collection is to group
together similar data for priority setting exercises and activities.
Respondents to the 2006 IUR submitted 342 unique 5-digit NAICS codes,
which made it difficult for EPA to group chemical substances
[[Page 49669]]
based on industrial processing and use scenarios. The 2006 IUR database
has 2,330 unique combinations of processing or use code, NAICS code,
and industrial function category, in all. This large number of unique
combinations increases the difficulty and time required by EPA to sort
and classify chemical substances because EPA either would need to
develop exposure scenarios for each unique combination, or determine
which three-code combinations have similar exposure scenarios and can
be grouped. The use of the sectors would reduce the number of unique
combinations, thereby increasing the usability of the data, and also
reducing the IUR reporting burden.
EPA is proposing the 48 sectors listed in Table 2 of this unit:
Table 2.--Industrial Sectors
------------------------------------------------------------------------
Code Sector Description
------------------------------------------------------------------------
IS1 Agriculture, Forestry,
Fishing and Hunting
------------------------------------------------------------------------
IS2 Oil and Gas Drilling,
Extraction, and support
activities
------------------------------------------------------------------------
IS3 Mining (except Oil and Gas)
and support activities
------------------------------------------------------------------------
IS4 Utilities
------------------------------------------------------------------------
IS5 Construction
------------------------------------------------------------------------
IS6 Food, beverage, and tobacco
product manufacturing
------------------------------------------------------------------------
IS7 Textiles, apparel, and
leather manufacturing
------------------------------------------------------------------------
IS8 Wood Product Manufacturing
------------------------------------------------------------------------
IS9 Paper Manufacturing
------------------------------------------------------------------------
IS10 Printing and Related Support
Activities
------------------------------------------------------------------------
IS11 Petroleum Refineries
------------------------------------------------------------------------
IS12 Asphalt Paving, Roofing, and
Coating Materials
Manufacturing
------------------------------------------------------------------------
IS13 Petroleum Lubricating Oil and
Grease Manufacturing
------------------------------------------------------------------------
IS14 All other Petroleum and Coal
Products Manufacturing
------------------------------------------------------------------------
IS15 Petrochemical Manufacturing
------------------------------------------------------------------------
IS16 Industrial Gas Manufacturing
------------------------------------------------------------------------
IS17 Synthetic Dye and Pigment
Manufacturing
------------------------------------------------------------------------
IS18 Carbon Black Manufacturing
------------------------------------------------------------------------
IS19 All Other Basic Inorganic
Chemical Manufacturing
------------------------------------------------------------------------
IS20 Cyclic Crude and Intermediate
Manufacturing
------------------------------------------------------------------------
IS21 All Other Basic Organic
Chemical Manufacturing
------------------------------------------------------------------------
IS22 Plastics Material and Resin
Manufacturing
------------------------------------------------------------------------
IS23 Synthetic Rubber
Manufacturing
------------------------------------------------------------------------
IS24 Organic Fiber Manufacturing
------------------------------------------------------------------------
IS25 Pesticide, Fertilizer, and
Other Agricultural Chemical
Manufacturing
------------------------------------------------------------------------
IS26 Pharmaceutical and Medicine
Manufacturing
------------------------------------------------------------------------
IS27 Paint and Coating
Manufacturing
------------------------------------------------------------------------
IS28 Adhesive Manufacturing
------------------------------------------------------------------------
IS29 Soap, Cleaning Compound, and
Toilet Preparation
Manufacturing
------------------------------------------------------------------------
IS30 Printing Ink Manufacturing
------------------------------------------------------------------------
IS31 Explosives Manufacturing
------------------------------------------------------------------------
IS32 Custom Compounding of
Purchased Resins
------------------------------------------------------------------------
IS33 Photographic Film, Paper,
Plate, and Chemical
Manufacturing
------------------------------------------------------------------------
IS34 All Other Chemical Product
and Preparation
Manufacturing
------------------------------------------------------------------------
IS35 Plastics Product
Manufacturing
------------------------------------------------------------------------
IS36 Rubber Product Manufacturing
------------------------------------------------------------------------
IS37 Non-metallic Mineral Product
Manufacturing (includes
clay, glass, cement,
concrete, lime, gypsum, and
other non-metallic mineral
product manufacturing)
------------------------------------------------------------------------
IS38 Primary Metal Manufacturing
------------------------------------------------------------------------
IS39 Fabricated Metal Product
Manufacturing
------------------------------------------------------------------------
IS40 Machinery Manufacturing
------------------------------------------------------------------------
IS41 Computer and Electronic
Product Manufacturing
------------------------------------------------------------------------
IS42 Electrical Equipment,
Appliance, and Component
Manufacturing
------------------------------------------------------------------------
IS43 Transportation Equipment
Manufacturing
------------------------------------------------------------------------
IS44 Furniture and Related Product
Manufacturing
------------------------------------------------------------------------
IS45 Miscellaneous Manufacturing
------------------------------------------------------------------------
IS46 Wholesale and Retail Trade
------------------------------------------------------------------------
IS47 Services
------------------------------------------------------------------------
IS48 Other (requires additional
information)
------------------------------------------------------------------------
When the category chosen for the IS code is ``Other,'' a written
description of the use of the chemical substance, which may include the
NAICS code, would also need to be provided.
8. Consumer and commercial use reporting. In the 2003 Amendments,
EPA added a reporting requirement for submitters to include information
about the consumer and commercial uses of chemical substances they
reported under the IUR rule. For the 2006 IUR, manufacturers (including
importers) of subject chemical substances manufactured (including
imported) in quantities of 300,000 lb. or more during calendar year
2005 were required to select up to 10 consumer and commercial product
categories from a list of 20 categories that correspond to the actual
use of the chemical substance they are reporting. For each category,
submitters also were required to indicate whether the chemical
substance was used in a product intended for use by children, to report
the maximum concentration of the chemical substance in the product
category, and to report the percentage of total production volume
associated with the product category.
EPA is using the information provided by the 2006 IUR reports in
the Existing Chemicals Program. While the Agency found that the
information was useful in identifying when consumers and commercial
users and children are potentially exposed populations, EPA also found
that the data had significant limitations concerning the product
categories and identification of potentially exposed populations. The
Agency believes the limitations stem from two characteristics of the
data:
[[Page 49670]]
The lack of specificity in the product categories.
The inability to distinguish between consumer and
commercial uses.
In addition, because 29% of the reported categories were for the
category ``Other,'' EPA was constrained in its ability to characterize
use and exposure scenarios. Also, consumer and commercial uses affect
very different populations. The reported information was not useful in
differentiating these populations when characterizing potential
exposures.
To address these issues, EPA is proposing four changes to the
consumer and commercial information required to be reported:
A revised and expanded list of consumer and commercial
product categories.
The additional requirement to provide a description when
the product category ``Other'' is selected.
The identification of whether the use is a consumer or a
commercial use, or both.
The number of commercial workers reasonably likely to be
exposed while using the reportable chemical substance.
Reporting associated with children's use, the maximum concentration,
and the percent production volume would remain unchanged.
i. Consumer and commercial product categories. EPA is proposing to
revise the list of consumer and commercial product categories by
combining categories that lead to common exposure scenarios and adding
categories that were not adequately described in the initial set of
categories. EPA worked with Environment Canada and Health Canada to
develop the proposed categories. Harmonized categories for reporting
the consumer and commercial uses of chemical substances would
facilitate the exchange of information between EPA and Canadian
agencies and would serve as a model to be used by Mexico in developing
an inventory of chemical substances. In addition, the harmonized
categories would facilitate consistent reporting of chemical substance
use information by industry in the United States and Canada (Ref. 11).
During the development of the revised product category list, EPA
and Canada considered existing product category schemes, such as the
NAICS and Registration, Evaluation, Authorisation and Restriction of
Chemical Substances (REACH) categories, but found them to be either too
detailed or not right for the task at hand. The NAICS categories are
defined for manufacturing processes, not for consumer and commercial
products, and therefore did not address the situations of interest. The
REACH Program collects detailed information on the use of chemical
substances in consumer and commercial products sold in the EU; all of
the codes used by REACH are represented in the harmonized industrial
function and consumer and commercial codes.
The proposed list includes 33 product categories, including
``Other.'' Examples of new categories which have been added include
explosive materials, building/construction products not covered
elsewhere, and air care products. The glass and ceramic products
category had relatively few IUR submissions in 2006 and overlaps with
proposed new categories, and so has been proposed for elimination.
Also, several of the consumer and commercial product categories would
be renamed to better describe the products that should be reported in
those categories.
EPA believes that expanding the list of consumer and commercial
product categories would provide persons submitting IUR information
with a greater opportunity to characterize the product in which
chemical substances they manufacture are used and would reduce the
number of uses reported as ``Other.''
In addition to revising the overall product categories, narrower
definitions and expanded lists of examples of products in which the
chemical substance would be used would be added to each category
descriptor. The examples were selected to include items that could have
fit into other categories in order to address the overlap inherent in
any product category list. The product categories were then placed into
several broader groupings, e.g., ``Chemicals with Agriculture and
Outdoor Uses'' based on the similarities of products. EPA believes that
the user would find the proposed groupings easier to use than the
alphabetical listing used for the 2006 IUR.
EPA is also proposing to require that if a submitter chooses the
product category ``Other,'' the submitter must include a text
description for the consumer and commercial product containing the
chemical substance. In the 2006 IUR reports, the category ``Other'' was
reported with the greatest frequency, with 1,206 out of a total number
of 4,157 reports containing consumer and commercial use information,
resulting in a reporting rate of 29% for the category. Although one of
EPA's objectives in revising the consumer and commercial product
categories was to reduce the reporting frequency of ``Other,'' EPA
believes that in many cases where ``Other'' was reported, submitters
may not have selected the correct categories for their situation. By
requiring the submitters to supply a written description for ``Other,''
EPA would be able to evaluate and improve the inclusiveness of future
consumer and commercial category lists or descriptions. In addition,
the descriptor information would be more useful than simply the
selection of ``Other'' for EPA's Existing Chemicals and other programs.
EPA is proposing the consumer and commercial product categories
listed in Table 3 of this unit:
Table 3.--Codes for Reporting Consumer and Commercial Product Categories
------------------------------------------------------------------------
Code Category
------------------------------------------------------------------------
Chemical Substances in Furnishing, Cleaning, Treatment/Care Products
------------------------------------------------------------------------
C101 Floor Coverings
------------------------------------------------------------------------
C102 Foam Seating and Bedding
Products
------------------------------------------------------------------------
C103 Furniture and Furnishings
not covered elsewhere
------------------------------------------------------------------------
C104 Fabric, Textile, and Leather
Products not covered
elsewhere
------------------------------------------------------------------------
C105 Cleaning and Furnishing Care
Products
------------------------------------------------------------------------
C106 Laundry and Dishwashing
Products
------------------------------------------------------------------------
C107 Water Treatment Products
------------------------------------------------------------------------
C108 Personal Care Products
------------------------------------------------------------------------
C109 Air Care Products
------------------------------------------------------------------------
C110 Apparel and Footwear Care
Products
------------------------------------------------------------------------
Chemical Substances in Construction, Paint, Electrical, and Metal
Products
------------------------------------------------------------------------
C201 Adhesives and Sealants
------------------------------------------------------------------------
C202 Paints and Coatings
------------------------------------------------------------------------
C203 Building/Construction
Materials - Wood and
Engineered Wood Products
------------------------------------------------------------------------
C204 Building/Construction
Materials not covered
elsewhere
------------------------------------------------------------------------
C205 Electrical and Electronic
Products
------------------------------------------------------------------------
C206 Metal Products not covered
elsewhere
------------------------------------------------------------------------
C207 Batteries
------------------------------------------------------------------------
[[Page 49671]]
Chemical Substances in Packaging, Paper, Plastic, Toys, Hobby Products
------------------------------------------------------------------------
C301 Food Packaging
------------------------------------------------------------------------
C302 Paper Products
------------------------------------------------------------------------
C303 Plastic and Rubber Products
not covered elsewhere
------------------------------------------------------------------------
C304 Toys, Playground, and
Sporting Equipment
------------------------------------------------------------------------
C305 Arts, Crafts, and Hobby
Materials
------------------------------------------------------------------------
C306 Ink, Toner, and Colorant
Products
------------------------------------------------------------------------
C307 Photographic Supplies, Film,
and Photochemicals
------------------------------------------------------------------------
Chemical Substances in Automotive, Fuel, Agriculture, Outdoor Use
Products
------------------------------------------------------------------------
C401 Automotive Care Products
------------------------------------------------------------------------
C402 Lubricants and Greases
------------------------------------------------------------------------
C403 Anti-Freeze and De-icing
Products
------------------------------------------------------------------------
C404 Fuels and Related Products
------------------------------------------------------------------------
C405 Explosive Materials
------------------------------------------------------------------------
C406 Agricultural Products (non-
pesticidal)
------------------------------------------------------------------------
C407 Lawn and Garden Care
Products
------------------------------------------------------------------------
Chemical Substances in Products not Described by Other Codes
------------------------------------------------------------------------
C980 Non-TSCA Use
------------------------------------------------------------------------
C909 Other (specify)
------------------------------------------------------------------------
ii. Designation of consumer or commercial use. EPA is proposing to
require submitters to designate, via a checkbox, whether the indicated
product category is a consumer or a commercial use, or both. The
Agency's experience using the 2006 IUR data identified a need to
distinguish between potentially exposed consumer and commercial
populations. The designation of consumer or commercial use, or both,
would allow EPA to complete a better characterization of the
potentially exposed populations.
iii. Number of commercial workers reasonably likely to be exposed.
EPA is proposing to require that submitters report the total number of
commercial workers, including those at sites not under the submitter's
control, that are reasonably likely to be exposed while using the
reportable chemical substance, with respect to each commercial use. The
approximate number of workers would be reported using the same
definitions and ranges used for manufacturing and industrial processing
and use workers required by 40 CFR 710.52(c)(3)(v) and (4)(i)(F)
(proposed 40 CFR 711.15(b)(3)(vii) and (4)(i)(F)), respectively. The
ranges are:
Fewer than 10 workers.
At least 10 but fewer than 25 workers.
At least 25 but fewer than 50 workers.
At least 50 but fewer than 100 workers.
At least 100 but fewer than 500 workers.
At least 500 but fewer than 1,000 workers.
At least 1,000 but fewer than 10,000 workers.
At least 10,000 workers.
Information on the number of commercial workers reasonably likely
to be exposed to the reportable chemical substance would be used to
characterize the commercial population reasonably likely to be exposed
to the subject chemical substance. The population characterization is
important to the development of the overall exposure characterization.
EPA requests comment on the ability of submitters to provide this
data with reasonable accuracy for each commercial use to which a
chemical substance may be applied. Do submitters have sufficient
information about the work practices of eventual commercial users to
estimate this number? Note that the ranges proposed for commercial
workers are the same as those ranges used for reporting manufacturing
and industrial workers. Are these ranges also applicable to commercial
workers?
G. Changes to Standard for the Reporting of Processing and Use
Information
In order to collect more complete information regarding the
industrial processing and industrial, commercial, and consumer use of
chemicals, EPA is proposing in 40 CFR 711.15(b)(4) to replace the
``readily obtainable'' reporting standard used for reporting under 40
CFR 710.52(c)(4) in 2006 with the ``known to or reasonably
ascertainable by'' reporting standard set forth under TSCA for this
type of TSCA reporting. Section 8(a)(2) of TSCA authorizes EPA to
require persons to report information that is ``known to or reasonably
ascertainable by'' the submitter. This is the same standard that
currently applies to the reporting of information described in the
regulations at 40 CFR 710.52(c)(1), (c)(2), and (c)(3), and this
standard would continue to apply to the reporting of such information
under proposed 40 CFR 40 CFR 711.15(b)(1), (b)(2), and (b)(3). It
covers 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. The ``known to or reasonably
ascertainable by'' reporting standard was the only standard used for
IUR reporting purposes prior to the 2006 IUR submission period.
The 2006 IUR response rate for the processing and use information
did not capture a sufficiently large portion of the production volume
that the Agency believes actually was used for either industrial
processing and use or consumer and commercial use. Thirty percent of
the reports submitted for the 2006 IUR met the requirements (based on
type of chemical and production volume) to trigger reporting of
processing and use information. Of those, almost 13% contained no
industrial processing and use information and almost half contained no
commercial or consumer use information. For the reports that did
contain some processing and use information, the portion of the
production volume for which some information was reported is detailed
in Table 4 of this unit. Note that a Form U submission contains one or
more reports; each report is for a single chemical at a single site.
[[Page 49672]]
Table 4.--Percentage of Reports Providing Production Volume Information
Related to Processing and Use of Chemicals Reported for the 2006 IUR
------------------------------------------------------------------------
Extent of Processing and/or Use Industrial Consumer and
Information Provided Based on Processing and Use Commercial Use (%
Production Volume Reporting (% of reports*) of reports*)
------------------------------------------------------------------------
No processing and use 13 46
information reported
------------------------------------------------------------------------
Processing and/or use 6 12
information provided, but the
associated % PV information
reported as zero, NRO, or left
blank
------------------------------------------------------------------------
% PV associated with the 4 7
reported processing and/or use
information accounted for more
than 0% but less than 50% of
the manufactured (including
imported) production volume
------------------------------------------------------------------------
% PV associated with the 65 32
reported processing and/or use
information accounted for 50%
but less than 100% of the
manufactured (including
imported) production volume
------------------------------------------------------------------------
% PV associated with the 12 3
reported processing and/or use
information accounted for 100%
or more of the manufactured
(including imported) production
volume
------------------------------------------------------------------------
* The percentage is calculated as a fraction of the total number of
reports that triggered the need to report processing and use
information.
The Agency believes the percentage of missing processing and use
information actually is larger than indicated by this analysis. As
described in the 2003 Amendments final rule (Ref. 3), EPA anticipated
that, on an individual report basis, the total percentages of
production volumes associated with the industrial processing or use
information may add up to more than 100% of the reported production
volume. This could happen because the submitter reported on the
distribution of a chemical substance to sites in its control as well as
downstream sites, some of which were not immediate purchasers from the
original manufacturing site. For example, consider the scenario where a
certain volume of a reported chemical substance is reported as
processed by a repackager, sent to another site that adds the chemical
substance to a mixture, and then sent to a combination of industrial
and commercial users. If the repackaged volume were 100% of the
production volume, the total volume reported for the different
processing and use scenarios could equal 300% of the production volume.
EPA expected and anticipated this type of reporting, as each instance
of processing or using the chemical substance created a different
exposure scenario. As indicated in Table 4 of this unit, only 12% of
the reports contained processing and use information that equaled or
exceeded the production volume for their chemical substance. EPA
expected this percentage to be significantly larger.
Focusing on the industrial processing and use information, a
complete use scenario is comprised of 3 of the IUR data elements: The
type of process or use, the NAICS codes, and the industrial function
code. A report could contain up to 10 unique combinations of these 3
data elements (i.e., use scenarios). For the reports required to
include processing and use information in 2006, submitters reported an
average of slightly more than 2 use scenarios. For each unique
combination of these 3 data elements, the manufacturer reports the
percent production volume, the number of sites, and the number of
reasonably likely to be exposed workers associated with the use
scenario. In 2006, only about half of the reported use scenarios also
included information for the number of sites, the number of workers,
and a production volume that was greater than zero.
Reports for consumer and commercial use information included a
product category, and, for that category, whether the chemical
substance is used in products intended for children, the percent
production volume, and the maximum concentration. A report could
contain up to ten product categories. For the reports that were
required to include processing and use information in 2006, submitters
reported an average of slightly less than one product category. Much of
the consumer and commercial information contained data elements
reported as not readily obtainable (NRO) or were left blank.
Specifically, 14% of product category information, 24% of children's
information, and 40% of the maximum concentration were either reported
as NRO or left blank. Overall, fewer than half of the consumer and
commercial records (i.e., the individually reported product categories
and associated information) contained complete data (e.g., where none
of the data elements contained information reported as zero, NRO, or
were left blank).
This low reporting rate also occurred on an individual chemical
substance basis; 2006 IUR submitters did not report processing and use
information even though they were required to report such information.
This happened for 20% of the chemical substances for which the criteria
for reporting processing and use information were met. For those
chemical substances, EPA has no processing or use information reported
through the IUR rule.
EPA is proposing this change to the reporting standard because
reporting under the ``readily obtainable'' reporting standard did not
generate sufficiently complete processing and use information, which
limited the usefulness of the 2006 IUR processing and use data for
screening level reviews. EPA believes the ``readily obtainable''
reporting standard was a major reason for the small amount of reporting
processing and use data.
For over 30 years, the Agency's New Chemicals Program has
successfully applied the ``known to or reasonably ascertainable by''
reporting standard. (See 40 CFR 720.45) Companies have used this
standard to report to EPA information about how their chemical
substances are processed and used by submitting more than 30,000 TSCA
section 5 PMNs. Because of this experience, EPA believes that companies
routinely have more information about how their chemical substances are
processed and used than is reflected in the 2006 IUR data. PMNs
routinely include extensive, detailed information on how a company's
customers and others outside the company's control will process and use
its chemical substances. EPA believes that the reporting under the
Agency's New Chemical program indicates that companies generally do
know the intended ultimate uses, as well as the intervening processing
steps, for their products. In addition, EPA's experience
[[Page 49673]]
in the New Chemicals Program indicates that this reporting standard
generates information sufficient for screening-level reviews.
Therefore, the Agency believes that using this standard for reporting
of IUR industrial processing and industrial, consumer, and commercial
use information will improve reporting rates and assist EPA's efforts
to characterize chemical substance uses and to predict potential
exposure to these chemical substances.
The Agency's experience using the 2006 IUR data to develop exposure
characterizations, coupled with the limited data EPA was able to
publicly release, highlighted the incompleteness of the data and lead
the Agency to determine that the data are insufficient, even for
screening level purposes. Examples of documents using EPA's exposure
characterizations can be found on the Agency's website, at http://iaspub.epa.gov/oppthpv/existchem_hpv_prioritizations.INDEX_HTML.
Effective risk screening by EPA depends on the ability to accurately
characterize chemical substance uses and to predict potential
exposures. As described in Unit II.D., these data are used by EPA to
prioritize work on existing chemicals. If the information provided does
not include these data, EPA must make assumptions about the use of the
unreported production volume. Incorrect assumptions may lead EPA to
designate an inappropriately high or low priority level for the
chemical substance, resulting in unnecessary effort and resource
expenditures for both regulated parties and EPA in cases where more
complete data would have led the Agency to act differently.
For the foregoing reasons, EPA believes that using the reporting
standard ``known to or reasonably ascertainable by'' would result in
companies reporting more consistent and complete processing and use
information in their IUR reports, and that the information reported
would better enable EPA to develop the exposure characterizations
needed for the Agency's screening of existing chemical substances. EPA
requests comment on whether and how this change will affect submitter
behavior and the degree to which the quality of submissions will be
improved.
H. Amendments to Requirements Concerning CBI
Submitters may currently claim certain information reported under
the IUR as CBI in accordance with 40 CFR part 2 and IUR rules at 40 CFR
710.38 (proposed 40 CFR 711.30). Submitters must assert claims of
confidentiality at the time information is submitted to EPA. EPA's
procedures for handling information claimed as confidential are set
forth at 40 CFR part 2, subpart B. EPA strongly encourages submitters
to review confidentiality claims carefully to ensure that the
information in question falls within the parameters of TSCA section 14.
CBI claims should be limited to only those data elements the release of
which would likely cause substantial harm to the business' competitive
position. Interested persons are reminded that with regard to chemical
substance use information, EPA is interested in aggregated, general
uses, not detailed uses associated with specific customers.
To claim information as confidential, a submitter must indicate its
claim by both checking the appropriate box and signing the
certification statement on the reporting form. A submitter must
indicate its claims at the time the information is submitted. If a
submitter fails to follow these procedures, EPA may release the
information to the public without further notice to the submitter. By
signing the certification statement the submitter attests to the
secrecy and value of the information for which confidentiality claims
have been asserted.
EPA expects that reducing the number of CBI claims would increase
the amount of information available to the public and improve the
timeliness of its public availability. As a result, the Agency would be
able to publicly discuss and explain its risk management actions and
decisions more clearly. Currently, much of the factual and data support
for Agency decisions is claimed as CBI, which complicates the creation
of publicly available documents. The public would be better informed
and better able to understand and provide meaningful comment on Agency
actions if less information were unnecessarily or inappropriately
claimed as CBI. The Agency would also be able to provide other public
and private organizations and individuals with better information for
making their own decisions. Thus, EPA is proposing the changes
described in Unit III.H.1., H.2., and H.3. with the belief that the
proposed changes would reduce the number of unjustifiable CBI claims
without hindering legitimate CBI claims.
1. Chemical identity CBI claims. Under the IUR, a submitter may
assert a claim of confidentiality for data associated with the identity
of the reported chemical substance when the chemical is listed on the
confidential portion of the TSCA Inventory and when the submitter
provides the required substantiation at the time the submitter makes
the confidentiality assertion. See 40 CFR 710.58(b) (proposed 40 CFR
711.30(b)). At times a submitter will assert a claim of confidentiality
for the chemical identity of a chemical substance that is listed on the
public portion of the TSCA Inventory. Where the identity of a chemical
substance is already contained on the public portion of the TSCA
Inventory, which is publicly available from EPA's website (http://www.epa.gov/opptintr/newchems/pubs/invntory.htm#files), EPA believes
that the identity itself, even assuming it might otherwise be CBI, as
well as any information that might be derived from it about processes
or portions, has already been disclosed. EPA is proposing that, when
this occurs, the Agency may make the information available to the
public without further notice to the submitter. See the proposed
regulatory text at 40 CFR 711.30(e).
This action is part of a broader effort to increase transparency
and provide more valuable information to the public by identifying
programs where non-CBI may have been claimed and treated as CBI in the
past. See the Federal Register issue of January 21, 2010 for a similar
change concerning CBI claims of certain chemical identities submitted
under TSCA section 8(e) (Ref. 17).
2. Upfront substantiation for processing and use information CBI
claims. Under the IUR, a submitter may assert a claim of
confidentiality for data associated with the processing and use of its
chemical substance if the submitter has reason to believe that release
of the information would reveal trade secrets, or confidential
commercial or financial information, as provided by TSCA section 14 and
40 CFR part 2. During the 2006 IUR, submitters made confidentiality
claims ranging from 25% (when considering individual data elements) to
50% (when considering data elements combined into use scenarios) of the
reported processing and use information. While the Agency does not
question that confidentiality claims are sometimes necessary, it
encourages submitters to consider carefully whether such claims are in
fact necessary before asserting them. The Agency has identified
instances in which submitters have claimed the processing and use data
as confidential, yet similar if not identical information was found in
publicly available sources, such as company websites, published
Material Safety Data Sheets (MSDSs), or information submitted to the
Agency and posted on the Agency's HPVIS website (see Unit II.D. for
more discussion). EPA can take
[[Page 49674]]
steps to challenge or verify confidentiality claims, but the Agency
believes companies should limit their CBI claims to those that they are
capable of adequately substantiating.
For the 2006 IUR reports, submitters were not required to provide
upfront substantiation of CBI claims for processing and use data. In
these proposed modifications to the IUR rule, EPA would require upfront
substantiation for CBI claims for this information.
EPA believes that many of the CBI claims for processing and use
data are inappropriate and that the new substantiation requirement
would reduce the occurrence of unnecessary claims. The high number of
confidentiality claims asserted for the reported 2006 IUR reports on
industrial processing and use information impeded the release of
important data. This included the number of processing sites, the
number of potentially exposed industrial workers, and the percent
production volume for each industrial processing or use scenario (Ref.
18). A decrease in the number of inappropriate CBI claims under the new
substantiation requirement would improve EPA's ability to make current
plant site information available to other Federal agencies and the
public because more information submitted under IUR could be released
publicly.
Under this proposed rule, in order to submit a claim of
confidentiality for processing and use information data elements, the
submitter would be required to both check the appropriate box on the
reporting form and substantiate the claim in writing by answering
certain questions provided in 40 CFR 711.30(d) of the proposed rule.
Where a submitter fails to substantiate the processing and use CBI
claim in accordance with the applicable rules (i.e., the submitter does
not provide an answer to the required questions), EPA would consider
the information not subject to a confidentiality claim and may make the
information available to the public without further notice to the
submitter.
3. Limitation on confidentiality claims for data elements
identified as ``not known or reasonably ascertainable.'' Under the IUR
rule, submitters provide information on the industrial processing and
use and consumer and commercial use of the IUR reportable chemical
substances they manufacture (including import). As described in Unit
II.A., for the 2011 and future IUR collections, EPA is proposing that
submitters be required to report this information to the extent that it
is known to or reasonably ascertainable by them. For the 2006 IUR
collection, submitters reported the processing and use information to
the extent that it was readily obtainable, and were permitted to
identify when such information was not readily obtainable by entering
``NRO.'' EPA has observed that, on occasion, processing and use
information has been claimed as confidential when a submitter
determined that the information was not readily obtainable.
Section 14 of TSCA limits the disclosure of information entitled to
confidential treatment under Exemption 4 of the Freedom of Information
Act (FOIA). EPA has considered the NRO designation and its relationship
to a potential CBI or trade secret claim. Given that a NRO assertion is
an assertion that no information is available, the Agency does not
believe that the designation conveys trade secret or confidential
commercial or financial information. For this reason, EPA is proposing
to prohibit claims of confidentiality pertaining to the designation
that information is not ``known to or reasonably ascertainable by'' the
submitter. EPA solicits comment on this issue.
I. Modifications Specifically Affecting Importers
Submitters report IUR data on chemical substances that they
manufacture domestically and that they import into the United States.
Current IUR regulations provide that the site responsible for reporting
for imported chemical substances is the site of the operating unit that
is directly responsible for importing the chemical substance and that
controls the import transaction. In some cases, the import site may be
the organization's headquarters in the United States. The regulations
defining the site for importer reporting is found in both the
definition for site in 40 CFR 710.3 and in paragraph 40 CFR 710.48(b).
EPA is proposing to eliminate unnecessary duplication in the IUR
regulation by moving the additional information regarding the importer
site from 40 CFR 710.48(b) into a revised definition for site, as
described in Unit III.C.2., and eliminating 40 CFR 710.48(b).
In addition, EPA has observed that submitters occasionally use a
foreign address as the site address for the importer. EPA now is
proposing to require that submitters report a U.S. site address, by
modifying the definition for site to state specifically that the site
must be a U.S. site. The U.S. address of an agent acting on behalf of
the importer, and authorized to accept service of process for the
importer, may be reported as the importer's site address if the
operating unit that is directly responsible for importing the chemical
substance and that controls the import transaction has no U.S. address.
The Agency expects that all importers will have a U.S. site, as defined
in the proposed 40 CFR 711.3 definition for site, because, under
Customs regulations at 19 CFR 141.18, a non-resident corporation is not
permitted to enter merchandise for consumption unless it has a resident
agent in the State where the port of entry is located, who is
authorized to accept service of process against the corporation.
For purposes of IUR, submitters are currently allowed to report the
IUR information jointly with the foreign manufacturer of the chemical
substance. Importers may not know the specific chemical identity of a
chemical substance because the foreign supplier chooses to keep it
confidential. In such a situation, the importer is still responsible
for ensuring that the IUR information is submitted to EPA and may do so
by submitting a joint report. To do so, the U.S. importer, as the
primary submitter, completes the majority of the required information,
but supplies a trade name or other designation to identify the chemical
substance. In addition, the primary submitter provides technical
contact information for the foreign supplier. The primary submitter
then contacts the foreign supplier, as the secondary submitter, to
notify it of the need to report the specific chemical identity
information to EPA. In addition to the chemical identity, the secondary
submitter supplies its technical contact and company information but
provides the primary submitter's site information.
Under this proposed rule, the process would be the same, except
that submitters would be required to use CDX and e-IURweb for
preparation and submission of joint submissions. See proposed 40 CFR
711.15(b)(3)(i)(A). Previously, joint submissions could not be made
electronically. In order to submit electronically to EPA via CDX,
individuals must first register with CDX. Therefore, the authorized
officials of the jointly submitting companies would need to register in
order to submit their reports to EPA.
For joint submissions to be submitted electronically, the primary
submitter would use e-IURweb to identify the need to submit a joint
report and would identify itself as a primary submitter. The primary
submitter would then complete his or her portion of the report and
provide the secondary submitter's
[[Page 49675]]
company information, along with select information on the chemical
substance(s) that are manufactured using a chemical substance made by
the secondary submitter. The primary submitter reports only the volume
that it used. A secondary submitter would also need to use e-IURweb to
identify the need to submit a joint report and would identify itself as
a secondary submitter. It would provide the primary submitter's company
information and its own technical contact information, and would
identify the chemical substance(s) that is in its product, including
the percentages. This information would be saved by the reporting tool
and both submissions would be matched based upon company and chemical
information. Once the forms are matched, the joint submission would be
ready to be processed by EPA. The Agency is currently developing the
process to submit joint reports electronically and welcomes any
comments concerning this process.
For the 2006 IUR submission period, EPA set aside joint submissions
until both reports were received and matched. Oftentimes, EPA had no
way to determine whether a submission was a ``joint'' submission, which
increased the time required for manual processing of the data. EPA
anticipates that the use of the reporting tool will help to make joint
IUR reporting easier for industry and streamline EPA processing of the
IUR information submitted in the 2011 submission period.
J. Change to Reporting Frequency
Prior to the 2003 Amendments, the IUR collection occurred every 4
years. EPA reduced the reporting frequency from every 4 years to every
5 years starting with the 2006 IUR to reduce the burden associated with
the amended IUR rule. For the reasons described in this section, the
Agency has determined that reporting every 5 years is too infrequent,
and now is proposing to return to reporting every 4 years.
As described in Unit III.D.1., a review of the previous reporting
under IUR has revealed an approximately 30% change in the chemicals
that are reported from one submission period to the next. While the
less frequent reporting does reduce burden, EPA now believes that
reporting every 5 years does not provide data sufficiently current to
meet Agency and public needs. As described in Unit V.4.i., the Agency
has been criticized for using outdated information. For instance, in
its ``Across the Pont'' publication, the Environmental Defense Fund
(EDF) stated ``Given the dynamic nature of the chemical market, both
from year to year and between 2005 and the present, some of the data we
report here on chemicals, their production/import volumes and their
associated companies may well have changed.'' (See http://www.edf.org/document/8538_Across_Pond_Report.pdf). EPA, therefore, also is
considering increasing the frequency of reporting to every 3 years, or
possibly to annual reporting. The Agency believes that efficiencies are
gained with more frequent reporting, both for the submitter and for
EPA. With more frequent reporting, companies would be able to establish
standard systems and practices to collect the required information. For
instance, for annual reporting the Agency estimates that submitters
would reduce the burden for each reporting cycle by approximately 20%.
(See Chapter 4 of the Economic Analysis, Ref. 15). EPA invites comment
on the proposed return to 4-year reporting intervals, and also on more
frequent reporting (i.e., every 3 years, biennial, or annual
reporting). Further information is provided in Question 4.i. under Unit
V., and the various reporting frequency alternatives are analyzed in
the Economic Analysis. (See Chapter 4 and Appendix G of the Economic
Analysis, Ref. 15)
IV. Clarifications to Reporting Requirements
A. Clarification of the Relationship Between Company Name and Site
Identity CBI Claims
Under the IUR, submitters are able to claim as CBI both the company
name and site identity associated with a chemical substance for which
they are reporting under the IUR. The submitter is required to provide
an upfront substantiation for CBI claims for the site identity. EPA
believes there is some confusion as to what is considered confidential
when such claims are made, and is taking this opportunity to provide
clarification.
The e-IURweb reporting software does not allow for blanket CBI
claims for company and site identity information, since those are
separate claims and in some cases one type of claim may be justified
while the other is not. Rather, a submitter is permitted to assert its
CBI claim for the company identity, the site identity, or both the
company and site identity associated with each chemical substance for
which they are submitting an IUR report. In addition, the submitter
must provide separately the required upfront substantiation for the
site identity CBI claims associated with each chemical substance. For
instance, if the submitter is reporting for five chemical substances
and wishes to claim its site information confidential for three of the
five chemical substances, it must assert the claim and provide separate
upfront substantiation three times, once for each of the three chemical
substances. The CBI claim protects the link between the company and/or
site identity and the particular chemical substance. If the company or
site identity associated with a particular chemical substance is not
claimed as CBI, EPA may make that information available to the public
without further notice to the submitter. EPA will not impute the
existence of a CBI claim for company identity or for site identity from
a CBI claim associated with a different chemical substance.
EPA has also observed that submitters sometimes claim only their
company identity, and not their site identity, as confidential. If the
site identity for a particular chemical substance is not claimed as
CBI, or is claimed but not substantiated pursuant to 40 CFR 710.58(c)
(proposed 40 CFR 711.30(c)), EPA may make that information available to
the public without further notice to the submitter. EPA will not impute
the existence of a CBI claim for site identity from a CBI claim for
company identity, even if the company name appears within the site
identity information. To help ensure that submitters consider this
issue, EPA plans to modify the e-IURweb reporting software so that it
will provide a warning whenever the company identity is claimed as CBI
for a particular chemical substance and the site identity is not also
claimed as CBI for that chemical substance.
B. Explanation of Byproduct Reporting
During the 2006 submission period, EPA received questions about the
requirements for reporting byproducts, including whether byproduct
manufacturers (including importers) were required to report the
byproducts under the IUR rule. These included some questions involving
a manufacturer (including importer) that uses a chemical substance in
the production of an article. Such manufacturing may produce a
byproduct chemical substance that is chemically different from the
starting chemical substance; the manufacturer therefore may incur
reporting obligations under the IUR rule for that byproduct. The Small
Business Administration (SBA) also communicated with EPA about related
issues and questions, including ideas on how they could be potentially
addressed (Ref. 19). Generally, the concerns included how to identify
byproduct chemical substances, especially when such chemical substances
were complex and variable mixtures; concerns about
[[Page 49676]]
the manufacturer's ability to determine the recycler's use of the
byproduct; and identify the need to report, especially when the
manufacturer does not consider itself a chemical substance
manufacturer. In light of these and similar questions, EPA is providing
additional information on byproduct reporting, including circumstances
under which reporting is not required, in the draft instruction manual
and in other guidance materials included in the docket for this
proposed rule (Refs. 5, 20, and 21) in an effort to further clarify
reporting obligations.
For purposes of IUR, a byproduct is a chemical substance produced
without a separate commercial intent during the manufacture,
processing, use or disposal of another chemical substance or mixture
(40 CFR 704.3). Thus, for example, when a chemical substance or mixture
is used for the purpose of manufacturing an article, and that
manufacture results in the production of a different chemical
substance, that different chemical substance is a byproduct for
purposes of the IUR. Chemical substances that are byproducts of the
manufacture, processing, use, or disposal of another chemical substance
or mixture, like any other manufactured chemical substances, are
subject to IUR reporting if they are manufactured, are listed in the
TSCA Inventory, are not otherwise excluded from reporting, and their
manufacturer is not specifically exempted from IUR reporting
requirements.
For purposes of IUR, a byproduct is ``manufactured'' only if it is
``manufactured for commercial purposes.'' See TSCA section 8(f). The 40
CFR 704.3 definition of manufacture for commercial purposes states that
``[m]anufacture 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.'' Thus, byproducts of the manufacture,
processing, use, or disposal of another chemical substance or mixture
for a commercial purpose are themselves both ``manufactured'' and
``manufactured for commercial purposes.''
As with all manufactured chemical substances, IUR information on
byproducts is of interest to the EPA because such exposure-related
information is not otherwise available, and it is necessary for the
Agency to manage risks associated with these chemical substances, to
fulfill its mandate of protecting human health and the environment. EPA
does not believe byproducts inherently pose lower exposures or risks
than other manufactured chemical substances.
Byproducts that are manufactured (including imported) in volumes of
25,000 lb. or more at a single site are potentially subject to IUR
requirements. However, 40 CFR 710.50(c) (proposed 40 CFR 711.10(c))
excludes from reporting those chemical substances meeting the
requirements of 40 CFR 720.30(g) or (h). Manufacturers (including
importers) of byproducts are not required to report the manufacture
(including import) of a byproduct if the byproduct is not used for
commercial purposes. See 40 CFR 720.30(h)(2). Thus, even where a
byproduct is manufactured (including imported) for a commercial
purpose, if the byproduct is not subsequently put to use for another
commercial purpose, the byproduct is excluded from IUR reporting.
Furthermore, if the byproduct's ``only commercial purpose is for use by
public or private organizations that: (1) burn it as a fuel, (2)
dispose of it as a waste, including in a landfill or for enriching
soil, or (3) extract component chemical substances from it for
commercial purposes,'' 40 CFR 720.30(g), that byproduct is also
excluded from IUR reporting. This exclusion applies only to the
byproduct; it does not apply to the component chemical substances
extracted from the byproduct.
Some manufacturers (including importers) of byproducts have
expressed a belief that a chemical substance that is regulated by
another EPA program, such as the Resource Conservation and Recovery Act
(RCRA), or that is exempt from certain requirements by the other
program based on certain treatments or disposals, should not be
required to be reported for IUR purposes. However, when such chemical
substances have a commercial purpose not exempted by 40 CFR 710.50(c)
(proposed 40 CFR 711.10(c)), the manufacturer (including importer) of
such a chemical substance does need to consider IUR requirements.
EPA requests comment on the draft guidance documents included in
the docket for this proposed rule and on how best to inform companies
that may not consider themselves to be manufacturers (including
importers) of chemical substances of their potential need to report. In
addition, EPA requests comment on how the substantive modifications of
the IUR described in this proposed rule could be further modified to
minimize reporting burden and costs for byproduct manufacturers
(including importers) and recyclers, while still collecting the
exposure-related information needed to fulfill EPA's mandate.
V. Request for Comment
EPA requests comment on all substantive modifications of the IUR
described in this proposed rule, all available alternatives that bear
on such modifications, and the Economic Analysis prepared in support of
this proposed rule (Ref. 15). Following is a list of additional issues
on which the Agency is specifically requesting public comment. EPA
encourages all interested persons to submit comments on these issues,
and to identify any other relevant issues as well. This input will
assist the Agency in developing a final rule that successfully
addresses information needs while minimizing potential reporting
burdens associated with the rule. EPA requests that commenters making
specific recommendations include supporting documentation where
appropriate.
1. EPA anticipates promulgating a final rule by the spring of 2011.
Recognizing that this would be shortly before the next scheduled
submission period (scheduled to run from June 1, 2011 through September
30, 2011), EPA solicits comment on the transition to new IUR
requirements. Specifically, EPA would conduct the 2011 reporting based
on the full set of data elements specified in this proposed rule (if
finalized as proposed). Further reporting cycles would then recur every
4 years (or other interval as specified in the final rule), along the
same lines and with the addition of determining compliance obligations
based on manufacturing and import volume from the calendar years since
the previous principal reporting year (e.g., reporting in 2015
information based on years 2011, 2012, 2013, and 2014). EPA is also
considering changing the existing 2011 submission period to another 4-
month period later in 2011.
2. As discussed in Unit II.D., EPA is increasing its emphasis on
assessing, prioritizing, and taking action on existing chemical
substances that pose unreasonable risks, with particular emphasis on
protecting children. EPA is interested in receiving comments regarding
how to use IUR data, including how to amend the rule, to best assist in
this effort. Similarly, EPA seeks comment on how to tailor more
[[Page 49677]]
narrowly the substantive modifications to the IUR contained in this
proposal so as to avoid gathering information which EPA or the public
would not be able to use.
3. Through the IUR, EPA collects information on chemical substances
for which the Agency is most likely to have an interest. Accordingly,
to minimize reporting burdens, EPA developed exemptions from the IUR.
From time to time, EPA adjusts these reporting exemptions in order to
address its chemical substance management program needs.
In response to public comments received in response to the 1985
proposed IUR rule (Ref. 22), EPA established certain exclusions from
these exemptions (Ref. 23). The exclusions were to ensure the Agency
receives IUR information on chemical substances that are of interest to
the Agency. The introductory paragraph to 40 CFR 710.46 (proposed 40
CFR 711.6) identifies that chemical substances that are the subject of
proposed or promulgated TSCA section 4, 5(a)(2), 5(b)(4), or 6 rules
are excluded from the chemical substance exemptions listed in the
section. The introductory paragraph to 40 CFR 710.49 (proposed 40 CFR
711.9) identifies that small manufacturers of chemical substances that
are the subject of proposed or promulgated TSCA section 4, 5(b)(4), or
6 rules are excluded from the small manufacturer exemption listed in
the section.
As identified in Unit II.D., EPA's Administrator has made it a
priority to strengthen the Agency's chemical management program. EPA
uses IUR information on proposed rule chemical substances to inform
final regulations, especially with respect to accurately responding to
public comments; to determine the need for actions supplementing
proposed rules, such as voluntary programs; to provide up-to-date,
definitive identities of companies manufacturing (including importing)
chemical substances potentially subject to a final rule; and to provide
up-to-date, accurate information to the public about chemical
substances for which the Agency has expressed an interest. For example,
five chemical substances were excluded from the final OSHA dermal test
rule published in the Federal Register issue of April 6, 2004 (Ref. 24)
because IUR data collected indicated that there was no longer
substantial production.
EPA is interested in receiving comments on whether EPA should
continue to include chemical substances that are the subject of
proposed rules in the list of exclusions at 40 CFR 710.46 (proposed 40
CFR 711.6) and 40 CFR 710.49 (proposed 40 CFR 711.9). If the proposed
rule exclusion were no longer available, should EPA consider removing
some or all of the reporting exemptions? This would allow EPA to obtain
information on those chemical substances for which it is considering
analysis or regulation, but which would otherwise be exempt. EPA also
is interested in receiving comments on whether the Agency should: Add
new exclusions to reporting exemptions; entirely eliminate certain
reporting exemptions under circumstances other than those described in
this unit; or leave the exclusions from the reporting exemptions
unchanged.
4. The proposals discussed in Unit III.D.1. would result in a site
reporting data on subject chemical substances exceeding the 25,000 lb.
threshold for any calendar year since the last principal reporting
year. The site would report manufacturing (including production
volume), processing, and use information for the principal reporting
year (e.g., 2010), as well as production volume information for all the
years since the last IUR principal reporting year (i.e., 2006 through
2009, for principal reporting year 2010). In developing this proposal,
EPA considered several other reporting options and is seeking comment
on these options, which are described in Unit V.4.i.-4.iii.
i. EPA is proposing to return the reporting frequency to 4 years
and is considering further increasing the frequency to every 3 years,
biennially, or annually. (See Ref. 15 for burden and cost information.)
More frequent reporting provides more current data. Eliminating the 5-
year wait for current information would address concerns that IUR data
are outdated and therefore less useful than if it were more current.
EPA is particularly interested in the annual reporting option for
several reasons. Annual reporting would enable EPA to better analyze
trends, including ascertaining which chemical substances are
manufactured on a consistent basis, which chemical substances have wide
variations from year to year, and which chemical substances are
increasing or decreasing in volume. Trend analyses measure the success
of programs and can be used to proactively identify developing issues
and generally provide a greater insight into the chemical industry.
Obtaining this information annually, instead of the proposed option of
reporting 4 years of production volume at one time, would allow for
closer monitoring of trends and the more timely feedback on the success
of programs than would be possible under the proposed option, although
if processing and use data changes little year-on-year, it could
significantly raise the burden of the IUR on submitters without
providing EPA or the public with information benefits. In addition,
annual reporting would provide the opportunity to tie-in more closely
or actually integrate IUR reporting with the already-required annual
TRI reporting.
ii. EPA requests comment on whether the reporting frequency should
remain 5 years and whether the proposed requirement for annual
production data resolves concerns that IUR data are outdated for its
intended purpose. What is the marginal value of processing and use data
gathered every 4 years versus every 5 years?
iii. EPA is also interested in comments regarding changing the
reporting threshold from 25,000 lb. to 10,000 lb., but is not including
this change in the regulatory text accompanying this proposal. (See
Ref. 15 for burden and cost information.) Prior to the 2006 IUR, the
threshold for determining the need to report was 10,000 lb., therefore
this change in the reporting threshold would be a return to the status
quo for the IUR. The Agency is interested in collecting information on
chemical substances with nationally aggregated production volumes of
25,000 lb. or higher. Because chemical substances are often
manufactured (including imported) at more that one site, chemical
substances with site-specific production volumes that fall below the
25,000 lb. reporting threshold and therefore would not be reported for
IUR may have aggregated production volumes of 25,000 lb. or greater.
Are there other thresholds (higher or lower) that might be appropriate?
5. EPA requests comment on the draft economic analysis to evaluate
whether the proposed collection of information is necessary for the
proper performance of the functions of the Agency, including whether
the information will have practical utility.
6. EPA requests comment on the accuracy of the Agency's estimate of
the burden of the proposed collection of information, including the
validity of the methodology and assumptions used.
7. EPA requests comment on how the substantive proposed revisions
to the IUR could be further modified to enhance the quality, utility,
and clarity of the information to be collected.
8. EPA requests comment on how best to minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of
[[Page 49678]]
information technology, e.g., permitting electronic submission of
responses.
9. EPA is considering collecting additional exposure-related data,
similar to those collected under TSCA section 5 (New Chemicals
Program), to enhance the Agency's capabilities in conducting screening-
level exposure assessments of chemical substances reported to the IUR.
EPA, through its experience in using the IUR exposure-related and
use information, has learned that the current IUR data are not
sufficient for determining quantitative estimates of releases of and
exposures to chemical substances. As a result of the available 2006 IUR
data, EPA could develop only qualitative exposure characterizations
with relative ranking of low, medium, or high for characterizing
potential exposures to various populations. While the usefulness of
these data was limited because data were only partially reported (see
Unit III.G.), it was also limited because the specific data elements,
as included in the 2006 IUR, were not detailed and comprehensive enough
to enable EPA to generate a more robust estimate. For instance, the
function and use categories used for processing and use information
were broad, and the reported production volume information was
insufficient to identify the volumes of chemical substance used at the
manufacturing site or domestically processed or used. The Agency
believes the proposed rule text changes will improve its ability to
identify and manage risks associated with existing chemical substances,
but also believes that supplementary, more in-depth exposure-related
information (i.e., beyond the elements in the regulatory text of this
proposed rule) would substantially improve EPA's ability to quantify
chemical risks. The ability to quantify chemical risks would further
improve the Agency's ability to identify and manage those risks. EPA
therefore believes that, while the changes included in the proposed
regulatory text address the limitations associated with qualitative
characterizations, further changes would be needed to enable the more
quantitative estimates.
If additional data identified in Table 5 of this unit were to be
reported, EPA could use currently available assessment tools and
methodologies to develop screening-level estimates of chemical
substance environmental releases and concentrations to various
environmental media (including air, water, and land) and exposures to
the potentially exposed populations (such as workers, consumers,
children, and the general population). Examples of the tools and
methodologies include the Agency's Chemical Screening Tool For
Exposures & Environmental Releases (ChemSTEER) (Ref. 25) and Exposure
and Fate Assessment Screening Tool (EFAST) (Ref. 26). The Agency
anticipates that the improved screening-level exposure assessments
would be similar to what is developed for new chemical substances
submitted to the Agency for review to identify chemicals of concern and
potential risk management. The PMN Program Form 7710-25 (available at:
http://www.epa.gov/opptintr/newchems/pubs/pmnforms.htm) (Ref. 27) was
used to develop the additional potential exposure-related data elements
and their brief descriptions listed in Table 5 of this unit:
Table 5.--Additional Exposure-Related Data Elements Under Consideration
by EPA for IUR
------------------------------------------------------------------------
------------------------------------------------------------------------
Manufacturing Process
------------------------------------------------------------------------
Description of manufacturing process.... Provide a process flow diagram
which describes the
manufacturing operations
involving the chemical
substance. ``Manufacturing
operation'' means a
functional step in which
chemical substances undergo
chemical changes and/or
changes in location,
temperature, pressure,
physical state, or similar
characteristics. Include
steps in which the chemical
chemical substance is
formulated into gels,
mixtures, suspensions,
solutions, etc. and in which
the chemical substance is
transferred into interim
storage or shipping
containers. Indicate in your
diagram the entry and exit
points of the chemical
substance. Number all points
from which the chemical
substance will be released to
the environment or to control
equipment, including small or
intermittent releases (e.g.
some cleaning releases, drum
residues, etc.) and trace
amounts of the chemical
substance.
Continuous or batch process............. Indicate whether the chemical
substance is manufactured in
discrete batches or is
produced by continuously
adding reactants and removing
the reaction product.
Amount of chemical substance produced If the chemical substance is
per day or per batch. produced in discrete batches,
indicate the amount of the
chemical substance in pounds
produced in each batch; if
the chemical substance is
produced in a continuous
process, indicate the amount
of chemical substance in
pounds manufactured each day.
Batch or daily run time................. If the chemical substance is
produced in discrete batches,
indicate the batch time
(hours/batch); if the
chemical substance is
produced in a continuous
process, indicate the daily
run time (hours/day).
Days of operation per year or number of If the chemical substance is
batches per year. produced in discrete batches,
indicate the number of
batches per year necessary to
produce the reported
production volume; if the
chemical substance is
produced in a continuous
process, indicate the number
of days of operation per year
needed to produce the
reported production volume.
Unit operations......................... List the unit operations
needed to produce the
chemical substance. Unit
operation means a functional
step in manufacturing,
processing, or use operation
where chemical substances
undergo chemical changes, or
changes in temperature,
pressure, physical state,
concentration, purity, or
similar characteristics.
Examples of unit operations
include blending,
distillation, filtration, and
drying.
[[Page 49679]]
Storage and shipping containers......... List the types of containers
used to transport or store
the chemical substance and
their capacity. Examples of
containers include 1-liter
bottles; 5-gallon pails; 55-
gallon drums; 200-pound
totes; 5,000-gallon tank
trucks; and 20,000-gallon
railcars.
------------------------------------------------------------------------
Manufacturing Worker Exposures
------------------------------------------------------------------------
Worker activities....................... Describe each specific
activity in the operation
during which workers may be
exposed to the chemical
substance. Such activities
may include charging reactor
vessels, sampling for quality
control, transferring
chemical substances from one
container to another,
changing filters, filling
drums, loading and loading
tank cars or trucks, etc.
Activities must be described
even when workers wear
protective equipment.
Duration and frequency of worker For each worker activity,
exposure. enter the maximum duration in
hours per day and number of
days per year that any one
worker will engage in the
activity during a normal work
day based on the reported
production volume.
Physical form........................... For each worker activity,
indicate the physical form of
the chemical substance at the
time of exposure.
Maximum concentration................... For each worker activity,
indicate the maximum
concentration of the chemical
substance in the product at
the time of exposure.
Personal protective equipment and For each worker activity,
engineering controls used by workers. identify the specific types
of protective equipment and
engineering controls that
will be employed to protect
the worker from potential
exposure to the chemical
substance, e.g., gloves,
goggles, protective garment,
local ventilation,
respirator, etc.
Worker monitoring data available........ Indicate whether monitoring
data on occupational exposure
of workers is available.
Summary of occupational exposure Indicate whether a summary of
monitoring included. occupational exposure
monitoring data is included.
Summary should include
information on the
of workers involved, of samples taken, types of
samples (area or personal),
average and standard
deviations of exposure.
------------------------------------------------------------------------
Manufacturing Releases to the Environment
------------------------------------------------------------------------
Release source (or release point)....... For each point of release
containing the chemical
substance, identify and
describe the point in the
process description at which
the release occurs (e.g.,
releases due to spillage,
residues, separation losses,
and other sources from each
batch or each day).
Media and type of release............... For each release, indicate the
type (gas or vapor, aqueous
or liquid solution, or solid)
and media (stack air,
fugitive air, surface water,
on-site or off-site land or
incineration, POTW, or other
(specify)) which describes
the release stream containing
the chemical.
Quantity of chemical substance released. For each release, provide the
a. Directly to the environment or...... quantity (in pounds) of
b. Into control technology to the chemical substance released
environment. a. Directly to the
environment or
b. Into control technology to
the environment in pounds per
day for continuous operation
or pounds per batch for batch
operations.
Control technology...................... For each release, describe the
type of technology used to
control the release of the
chemical substance to the
environment. Examples of
control technologies include
carbon filter, scrubber and
biological treatment
(primary, secondary, etc.).
Efficiency of control technology........ Indicate the established
efficiency of the control
technology in removing or
destroying the chemical
substance.
Destination of release.................. For aqueous releases
containing the chemical
substance, indicate whether
release enters a navigable
waterway, a publicly owned
treatment works (POTW), or
other. Identify the name of
the POTW and/or NPDES as appropriate. For other
releases, indicate whether
the release goes to a
municipal or hazardous waste
landfill, a commercial
incinerator, enters the
atmosphere, or is otherwise
disposed (specify).
Additional release related information Indicate whether a description
attached. of the releases, calculations
or monitoring data on the
quantities of releases, or
additional information on
control technologies and/or
treatment is attached.
------------------------------------------------------------------------
[[Page 49680]]
Industrial Processing or Use Activities
------------------------------------------------------------------------
Description of Processing or Use........ Provide a process flow diagram
which describes the
processing or use operation
involving the chemical
substance. ``Unit operation''
means a functional step in
which chemical substances
undergo chemical changes and/
or changes in location,
temperature, pressure,
physical state, or similar
characteristics. Include
steps in which the chemical
substance is formulated into
gels, mixtures, suspensions,
solutions, etc. and in which
the chemical substance is
transferred into interim
storage or shipping
containers. Indicate in your
diagram the entry and exit
points of the chemical
substance. Number all points
from which the chemical
substance will be released to
the environment or to control
equipment, including small or
intermittent releases (e.g.,
some cleaning releases, drum
residues, etc.) and trace
amounts of the chemical
substance.
Processing or use at sites controlled by Indicate whether the sites at
manufacturer. which the chemical is
processed or used are owned
by the manufacturer or
others.
Continuous or batch process............. Indicate whether the
industrial process in which
the chemical is processed or
used in a batch or continuous
process.
Amount of chemical substance processed Provide the amount of the
per day or per batch. chemical substance in pounds
processed or used per batch
for batch operation or
processed or used per day for
continuous operation,
respectively.
Batch or daily run time................. If the chemical substance is
processed in discrete
batches, indicate the batch
time (hours/batch); if the
chemical substance is
processed in a continuous
process, indicate the daily
run time (hours/day).
Days of operation per year or number of If the chemical substance is
batches per year. processed in discrete
batches, indicate the number
of batches per year necessary
to process the reported
production volume; if the
chemical substance is
produced in a continuous
process, indicate the number
of days of operation per year
needed to process the
reported production volume.
Unit operations......................... List the unit operations
needed to process the
chemical substance. Unit
operation means a functional
step in manufacturing,
processing, or use operation
where chemical substances
undergo chemical changes, or
changes in temperature,
pressure, physical state,
concentration, purity, or
similar characteristics.
Examples of unit operations
include blending,
distillation, filtration, and
drying.
Storage and shipping containers used.... List the types of containers
used to transport or store
the chemical substance and
their capacity. Examples of
containers include 1-liter
bottles; 5-gallon pails; 55-
gallon drums; 5,000-gallon
tank trucks; and 20,000-
gallon railcars.
------------------------------------------------------------------------
Industrial Processing or Use Occupational Exposures
------------------------------------------------------------------------
Worker activities....................... Describe each specific
activity in the operation
during which workers may be
exposed to the chemical
substance. Such activities
may include charging reactor
vessels, sampling for quality
control, transferring
chemical substances from one
container to another,
changing filters, filling
drums, loading and loading
tank cars or trucks, etc.
Activities must be described
even when workers wear
protective equipment.
Duration and frequency of worker For each worker activity,
exposure. provide the maximum duration
in hours per day and the
number of days per year
during which any one worker
will engage in the activity
during a normal work day
during in processing or use.
Physical form........................... For each worker activity,
indicate the physical form of
the chemical substance at the
time of exposure.
Maximum concentration................... For each worker activity,
indicate the maximum
concentration of the chemical
substance in the product at
the time of exposure.
Personal protective equipment and For each worker activity,
engineering controls used by workers. identify the specific types
of protective equipment and
engineering controls that
will be employed to protect
the worker from potential
exposure to the chemical
substance, e.g., gloves,
goggles, protective garment,
local ventilation,
respirator, etc.
Worker monitoring data available........ Indicate whether monitoring
data on occupational exposure
of workers is available.
Summary of occupational exposure Indicate whether a summary of
monitoring included. occupational exposure
monitoring data is included.
Summary should include
information on the
of workers involved, of samples taken, types of
samples (area or personal),
average and standard
deviations of exposure.
------------------------------------------------------------------------
Industrial Processing or Use Releases to the Environment
------------------------------------------------------------------------
Release source (or point)............... For each point of release
containing the chemical
substance, identify and
describe the point in the
process description at which
the release occurs (e.g.,
releases due to spillage,
residues, separation losses,
and other sources from each
batch or each day).
[[Page 49681]]
Media and type of release............... For each release, indicate the
type (gas or vapor, aqueous
or liquid solution, or solid)
and media (stack air,
fugitive air, surface water,
on-site or off-site land or
incineration, POTW, or other
(specify)) which describes
the release stream containing
the chemical.
Quantity of chemical substance released. For each release, provide the
a. Directly to the environment or...... quantity (in pounds) of
b. Into control technology to the chemical substance released
environment. a. Directly to the
environment or
b. Into control technology to
the environment in pounds per
day for continuous operation
or pounds per batch for batch
operations.
Control technology...................... For each release, describe the
type of technology used to
control the release of the
chemical substance to the
environment. Examples of
control technologies include
carbon filter, scrubber and
biological treatment
(primary, secondary, etc.).
Efficiency of control technology........ Indicate the established
efficiency of the control
technology in removing or
destroying the chemical
substance.
Destination of release.................. For aqueous releases
containing the chemical
substance, indicate whether
release enters a navigable
waterway, a publicly owned
treatment works (POTW), or
other. Identify the name of
the POTW and/or NPDES as appropriate. For other
releases, indicate whether
the release goes to a
municipal or hazardous waste
landfill, a commercial
incinerator, enters the
atmosphere, or is otherwise
disposed (specify).
Additional release related information Indicate whether a description
attached. of the releases, calculations
or monitoring data on the
quantities of releases, or
additional information on
control technologies and/or
treatment is attached.
------------------------------------------------------------------------
Commercial Use Occupational Exposure
------------------------------------------------------------------------
Description of commercial use........... Describe the commercial use(s)
of products containing the
chemical substance.
Function of chemical in commercial Describe the function of the
product. chemical in the commercial
product, e.g., dispersive
dye, solvent, stabilizer,
hardener, plasticizer,
filler, etc.
Number of potentially exposed commercial Indicate the number of workers
workers. in commercial establishments
who are reasonably likely to
be exposed to the chemical
substance.
Physical form of commercial product..... Indicate the physical form of
the product containing the
chemical substance.
Method of commercial product application Describe the application
method (e.g. sprayed applied
via pump sprayer or aerosols,
poured or applied manually)
of the product containing the
chemical chemical substance
and whether the commercial
use is destructive,
contained, dispersive, etc.
Duration and frequency of commercial Indicate the duration of use,
product use. e.g., 5 minutes or less, 30
minutes or less, 1 hour or
less, etc. and frequency of
commercial use, e.g., used
more than once a day, used
once a day, used several
times a week, etc.
------------------------------------------------------------------------
Consumer Use and Exposure
------------------------------------------------------------------------
Description of consumer use............. Describe the consumer use(s)
of products containing the
chemical substance.
Function of chemical in consumer product Describe the function of the
chemical in the consumer
product, e.g., dispersive
dye, solvent, stabilizer,
hardener, plasticizer,
filler, etc.
Number of potentially exposed consumers. Indicate the number of
consumers reasonably likely
to be exposed to the chemical
substance.
Physical form of consumer product(s) Indicate the physical form,
containing the chemical substance. e.g., gel, foam, powder, etc.
of the consumer product
containing the chemical
substance.
Method of consumer product application.. Describe the application of
the consumer product
containing the chemical
substance, for example,
chemical substances in
products that will be sprayed
via pump sprayer or aerosols;
products that are poured,
mixed, applied by hand/
mechanical device; chemical
substances that can be
released via diffusion,
evaporation, abrasion, etc.,
from articles; or chemical
substances that are
incorporated into articles
with no potential for
release, etc.
Duration and frequency of consumer Indicate the duration of
product use. consumer use, e.g., used for
5 minutes or less, 30 minutes
or less, less than 1 hour,
etc. and frequency of
consumer use, e.g., used more
than once a day, used once a
day, used several times a
week, etc.
------------------------------------------------------------------------
EPA is soliciting comment on the data elements identified in Table
5 of this unit. Collecting these data would enable the Agency to
develop more comprehensive and complete screening assessments of the
exposures that may be encountered during the manufacture, processing,
and use of chemical substances. The Agency also is interested in
whether any additional data elements should be collected, and in any
other considerations relating to the collection of additional data.
Because these data elements are based on the data elements included in
a PMN submission, EPA believes the burden a site would incur to provide
these data for each chemical substance would be
[[Page 49682]]
similar to the burden incurred for a site to develop a single PMN
submission, almost doubling the burden of the IUR program. EPA presents
the estimated increase in industry costs and burden associated with
change in Appendix H of the Economic Analysis (Ref. 15).
EPA is also soliciting comment on the best method to collect these
data. The Agency is considering three approaches to collect these data
from known manufacturers (including importers). These approaches are:
Integrating these data elements into the IUR, promulgating a new
reporting mechanism under TSCA section 8(a), or using TSCA section
11(c) subpoena authority. Integrating these data elements into the IUR
would provide a more complete set of data, enabling the Agency to
identify proactively potential exposure-based chemical risk management
issues and to provide the public access to an enhanced database. The
Agency is also soliciting comment on the appropriate scope of an IUR
requirement to report these data elements. For instance, the scope
could be based on chemical identity, and the Agency could provide a
list of chemical substances for which these data would be reported.
Alternatively, the scope could be based on production volume, and the
Agency could identify the production volume range for which these data
would be reported.
As a second option, the Agency is considering promulgating a new
reporting mechanism under TSCA section 8(a) that would enable the
collection of enhanced exposure-related data, described in this
section, for about 100 chemical substances per year. For instance, EPA
could notify manufacturers (including importers) of the need to submit
additional information, e.g., via a Federal Register notice or
individually via U.S. mail, with details on the data to report and the
reporting criteria. (See Ref. 15 for burden and cost information.) This
approach would enable the Agency to target the collection to those
chemical substances of current priority for screening-level assessment.
The Agency also solicits comment on the need to establish a
complementing recordkeeping requirement. Such a recordkeeping
requirement would ensure that the additional data subject to the new
reporting mechanism would be more quickly available at the time that
EPA requested them. However, without advance notice regarding the
specific chemical substances for which information would be required,
manufacturers (including importers) of all chemical substances subject
to the IUR would be required to maintain the records.
As a third option, EPA is considering the use of TSCA section 11(c)
subpoena authority to collect enhanced exposure-related data. Section
11(c) of TSCA gives the Agency broad authority to collect information
for regulatory purposes and would, therefore, allow EPA to require, by
subpoena, the submission of the enhanced exposure-related data. Among
the circumstances in which the Agency is considering exercising this
subpoena authority are those in which the enhanced data elements are
not available through other means and are necessary for a more
effective screening level review of chemical substances on a case by
case basis.
10. EPA is considering collecting exposure-related information from
processors in addition to collecting the data from manufacturers
(including importers).
Currently, only manufacturers (including importers) are responsible
for providing information required by the IUR rule. Section 8(a) of
TSCA enables the Agency also to collect information from processors.
EPA seeks comment on also requiring processors to report processing and
use data under the three data collection approaches described in Unit
V.9. (i.e., by modification of the IUR rule, via notification issued
under a new data reporting mechanism, or using existing subpoena
authority). (See Ref. 15 for burden and cost information.) The Agency
believes that processors may be more familiar with the processing and
use of the chemical substances than manufacturers (including
importers), and therefore may be able to provide more complete and
accurate exposure-related data.
VI. References
As indicated under ADDRESSES, a docket has been established for
this rulemaking under docket ID number EPA-HQ-OPPT-2009-0187. The
following is a listing of the documents that are specifically
referenced in this document. The docket includes these documents and
other information considered by EPA in developing this proposed rule,
including documents that are referenced within the documents that are
included in the docket, even if the referenced document is not
physically located in the docket. For assistance in locating these
other documents, please consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.
1. EPA. Inventory Reporting Regulations; Final rule. Federal
Register (42 FR 64572, December 23, 1977) (FRL-817-1).
2. EPA. Partial Updating of TSCA Inventory Data Base; Production
and Site Reports; Final rule. Federal Register (51 FR 21438, June 12,
1986) (FRL-2973-3).
3. EPA. TSCA Inventory Update Rule Amendments; Final rule. Federal
Register (68 FR 848, January 7, 2003) (FRL-6767-4).
4. EPA. OPPT. Enhancing EPA's Chemical Management Program.
Available on-line at: http//www.epa.gov/oppt/existingchemicals/pubs/enhanchems.html.
5. EPA. Draft Instructions for 2011 Inventory Update Reporting,
July 2010.
6. EPA. OPPT. IUR Modifications Rule: Development of Definitions
for Proposed 40 CFR 711.3. July 8, 2010.
7. EPA. TSCA Inventory Update Reporting Revisions; Final rule.
Federal Register (70 FR 75059, December 19, 2005) (FRL-7743-9).
8. EPA. Agency Information Collection Activities; Proposed
Collection; Comment Request; Partial Update of the TSCA Section 8(b)
Inventory Data Base, Production and Site Reports; EPA ICR No. 1884.04,
OMB Control No. 2070-0162; Notice. Federal Register (73 FR 51805,
September 5, 2008) (FRL-8370-3).
9. EPA. Development of CDX Workflow for Electronic Toxic Substances
Control Act (eTSCA) Submissions: Draft User Guide (Version 1.0), CDX.
November 13, 2008.
10. EPA. OPPT. Electronic Signature Agreement. August 2009.
11. EPA/Environment Canada/Health Canada, Overview of Harmonized
U.S.-Canada Industrial Function and Consumer and Commercial Product
Codes for Chemical Inventory Reporting. June 2009, Revised November
2009.
12. American Petroleum Institute, Letter to Docket ID No. EPA-HQ-
OPPT-2008-0785 from Howard J. Feldman. December 8, 2008.
13. Proctor & Gamble, Letter to Docket ID No. EPA-HQ-OPPT-2008-
0785, from Julie Froelicher. January 23, 2009.
14. Synthetic Organic Chemical Manufacturers Association, Comments
submitted to Docket ID No. EPA-HQ-OPPT-2008-0785 from Daniel Newton.
January 23, 2009.
15. EPA. OPPT. Economics, Exposure and Technology Division (EETD).
Economic Analysis for the Proposed Inventory Update Reporting (IUR)
Modifications Rule. July 20, 2010.
16. EPA. OPPT. EETD. Inventory Update Reporting (IUR) Technical
Support Document -- Replacement of
[[Page 49683]]
5-digit NAICS Codes with Industrial Sector (IS) Codes. October 2009.
17. EPA. Claims of Confidentiality of Certain Chemical Identities
Submitted under Section 8(e) of the Toxic Substances Control Act;
Notice. Federal Register (75 FR 3462, January 21, 2010) (FRL-8807-9).
18. EPA. OPPT. 2006 Inventory Update Reporting: Data Summary. EPA
Report No. 740S08001. December 2008.
19. SBA. TSCA IUR Byproducts Reporting v--1 02--18--10.doc. E-mail
to Wendy Cleland-Hamnett, EPA, from Keith Holman, SBA. March 9, 2010.
20. EPA. OPPT. Fact Sheet: Recycling and the TSCA Inventory of
Chemical Substances Premanufacture Notification and Inventory Update
Reporting Requirements. July 2010.
21. EPA. OPPT. Draft Q&A Document: Recycling and the TSCA Inventory
of Chemical Substances Premanufacture Notification and Inventory Update
Reporting Requirements. July 2010.
22. EPA. Partial Updating of TSCA Inventory Data Base, Production
and Site Reports; Proposed rule. Federal Register (50 FR 9944, March
12, 1985) (FRL-2710-4).
23. EPA. Partial Updating of TSCA Inventory Data Base; Production
and Site Reports; Final rule. Federal Register (51 FR 21438, June 12,
1986) (FRL-2973-3).
24. EPA. In Vitro Dermal Absorption Rate Testing of Certain
Chemicals of Interest to the Occupational Safety and Health
Administration; Final rule. Federal Register (69 FR 22402, April 26,
2004) (FRL-7312-2).
25. EPA. Chemical Screening Tool For Exposures & Environmental
Releases. September 2009. Available on-line at: http://www.epa.gov/oppt/exposure/pubs/chemsteer.htm.
26. EPA. Exposure and Fate Assessment Screening Tool. September
2009. Available on-line: http://www.epa.gov/oppt/exposure/pubs/efast.htm,
27. EPA. Premanufacturing Notice Program Form 7710-25. Available
on-line: http://www.epa.gov/opptintr/newchems/pubs/pmnforms.htm.
28. EPA. OPPT. Addendum to Information Collection Request 1884.04,
OMB control number 2070-0162. July 2010.
VII. Statutory and Executive Order Reviews
A. Regulatory Review
Under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993), this action has been designated
a ``significant regulatory action'' by the Office of Management and
Budget (OMB). Accordingly, EPA submitted this action to OMB for review
under Executive Order 12866 and any changes made in response to OMB
recommendations have been documented in the docket for this action.
In addition, EPA has prepared an economic analysis of the potential
impacts associated with this action. A copy of this economic analysis,
entitled, Draft Economic Analysis for the Proposed Inventory Update
Reporting (IUR) Modifications Rule (Ref. 15), is available in the
docket and is briefly summarized in this unit. The amendments in this
proposal affect the number of reports submitted during a submission
period, the burden to prepare a report, and the reporting frequency.
EPA estimates that the combined impact of all the proposed amendments
will increase the total burden and cost to industry associated with IUR
reporting.
In its economic analysis, EPA estimated industry cost and burden on
a per-report and a per-site basis and at the industry level. Industry
cost and burden are incurred by performing activities to comply with
the proposed amendments, including compliance determination, rule
familiarization, preparation and submission of reports, and
recordkeeping.
On a per-report basis, EPA estimated incremental increases of 4.28
hours and $350 for a site to complete a partial report for one chemical
substance and 17.38 hours and $1,408 to complete a full report for one
chemical substance, in the first reporting cycle after the effective
date of the proposed rule amendments. A partial report includes Parts I
and II of Form U. A full report includes Parts I, II, and III of Form
U. For future reporting cycles, EPA estimated incremental increases of
3.28 hours and $275 for a site to complete a partial report for one
chemical substance and 12.98 hours and $1,075 to complete a full report
for one chemical substance.
As a result of the proposed amendments, EPA estimates that the
average site will submit approximately 2.01 fewer partial reports and
2.98 additional full reports in a submission period. For the average
site, this will increase the burden by 341 hours during the first
reporting cycle and 264 hours for all subsequent reporting cycles. EPA
estimates that the average site will incur a net cost increase of
$22,493 during the first reporting cycle and $17,517 during all future
reporting cycles.
At the industry level for all sites submitting a Form U, EPA
estimates a net total burden increase of 1.39 million hours in the
first reporting cycle, and 1.21 million hours for all subsequent
reporting cycles. EPA estimates a net cost increase of $91.87 million
in the first reporting cycle of the rule, and $79.29 million in all
subsequent reporting cycles. When the reporting cycle costs are
averaged over the proposed 4-year reporting cycle, the average
annualized increase in industry cost attributable to the proposed
amendments is approximately $21.61 million over a 25-year period (at a
3% discount rate).
EPA estimates that the Agency will experience a reduction in both
burden and cost to administer the IUR rule as a result of the proposed
amendments. Specifically, EPA expects to experience a net burden
reduction of 1,721 hours in the first reporting cycle and all
subsequent reporting cycles. The Agency estimates it will experience a
net savings of $179,600 during each reporting cycle. This information
will be reflected in the ICR that is submitted every three years to OMB
under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq.
B. Paperwork Reduction Act
The information collection requirements in 40 CFR part 710 related
to the submission of Form Us are already approved by OMB under PRA.
That ICR has been assigned EPA ICR No. 1884 and OMB control no. 2070-
0162. Because this proposed rule involves new or revised information
collection activities that require additional OMB approval, EPA has
prepared an addendum to the currently approved ICR (Ref. 8). An agency
may not conduct or sponsor, and a person is not required to respond to
an information collection request subject to PRA, unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and included on any related
collection instrument (e.g., on the form or survey).
Under PRA, the term ``burden'' is interpreted as the total time,
effort, or financial resources expended by people to generate,
maintain, retain, disclose, or provide information to or for a Federal
agency. This includes the time needed by regulated entities to review
instructions and to develop, acquire, install, and use technology and
systems to collect, validate, verify, and disclose information. Time
taken to adjust existing ways to comply with any previously applicable
instructions and requirements and to train personnel to respond to the
information collection task is also included. In this analysis,
[[Page 49684]]
total industry burden hours represent the sum of time spent on
reporting and on other administrative activities. Industry respondents
will spend time on the following activities associated with the IUR
rule: Compliance determination, rule familiarization, preparation and
submission of reports, and recordkeeping.
As presented in the Economic Analysis (Ref. 15) and the addendum
ICR, EPA estimates that the proposed rule would create a total
incremental industry burden of 1.39 million hours in the first
reporting cycle, if all proposed amendments are finalized as proposed.
The burden for a site to complete a full IUR report for one chemical
substance is estimated to be 140.38 hours, which is an incremental
burden increase of 17.38 hours over the current estimated burden. The
burden for a site to complete a partial IUR report for one chemical
substance is estimated to be 57.36 hours, which is an incremental
burden increase of 5.28 hours over the current estimated burden. For
future reporting cycles, EPA estimates that the proposed rule would
create a total incremental industry burden of 1.21 million hours. The
burden for a full report is estimated to be 95.03 hours, which is an
incremental increase of 12.98 hours over the current estimated future
burden. The burden for a partial report is estimated to be 29.40 hours,
which is an incremental increase of 3.28 hours over the current
estimate.
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, EPA has established a docket for this
proposed rule, which includes this ICR, under docket ID number EPA-HQ-
OPPT-2009-0187. Submit any comments related to the ICR to EPA and OMB.
See ADDRESSES for where to submit comments to EPA. Send comments to OMB
at the Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17\th\ St., NW., Washington, DC 20503,
Attention: Desk Office for EPA. Since OMB is required to make a
decision concerning the ICR between 30 and 60 days after August 13,
2010, a comment to OMB is best assured of having its full effect if OMB
receives it by September 13, 2010. The final rule will respond to any
OMB or public comments on the information collection requirements
contained in this proposed rule.
C. Small Entity Impacts
Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), the Agency hereby certifies that this action
will not have a significant adverse economic impact on a substantial
number of small entities. The Agency's basis is briefly summarized here
and is detailed in the Economic Analysis (Ref. 15).
Under RFA, small entities include small businesses, small
organizations, and small governmental jurisdictions. For purposes of
assessing the impacts of this proposed rule on small entities, small
entity is defined as:
1. A small business, as defined by the SBA's regulations at 13 CFR
121.201.
2. A small governmental jurisdiction that is a government of a
city, county, town, school district, or special district with a
population of less than 50,000.
3. A small organization that is any not-for-profit enterprise
which is independently owned and operated and is not dominant in its
field.
Since the regulated community does not include small governmental
jurisdictions or small not-for-profit organizations, the analysis
focuses on small businesses.
The existing IUR rule, at 40 CFR 710.59, generally exempts from
reporting small businesses, defined at 40 CFR 704.3 as entities with
annual sales of less than $40 million and less than 100,000 lb.
production of any given chemical substance at a site; or annual sales
of less than $4 million. This exemption is maintained in the proposed
amendments. A small business would be required to report under the
proposed rule, however, if it produces any chemical substance that is
the subject of a regulation proposed or promulgated under TSCA section
4, 5(b)(4), or 6, or that is the subject of an order under TSCA section
5(e), or that is the subject of relief that has been granted pursuant
to a civil action under TSCA section 5 or 7. A small business may also
report voluntarily.
EPA analyzed potential small business impacts from this proposed
rule using both the SBA employee size standards and the TSCA sales-
based definition of small business. EPA estimates that 466 small firms
potentially would be affected by this proposed rule using the
employment-based definition, and 280 small firms potentially would be
affected using the sales-based definition. Based on costs annualized
over a 4-year period and average sales data for the parent companies,
EPA estimated that the cost-to-sales ratio of the proposed rule would
be less than 0.1% for an average small company subject to the rule. For
a company to have a cost-to-sales ratio larger than 1%, company sales
would have to be less than $1.02 million. Because the small businesses
affected by the proposed rule have average sales of more than $412.7
million under the employment-based definition, and $11.8 million under
the sales-based definition, small entities will not be affected by the
proposed amendments to the IUR rule at a cost-to-sales ratio of greater
than 1% (Ref. 15).
EPA continues to be interested in the potential impacts of this
proposed rule on small entities and welcomes comments on issues related
to such impacts.
D. Unfunded Mandates
This action does not contain any Federal mandates for State, local,
or tribal governments or the private sector under the provisions of
Title II of the Unfunded Mandates Reform Act (UMRA), 2 U.S.C. 1531-
1538. EPA has determined that this regulatory action will not result in
annual expenditures of $100 million or more for State, local, and
tribal governments, in the aggregate, or for the private sector. The
costs associated with this action are briefly described in Unit VII.A.,
and is contained in the Economic Analysis (Ref. 15).
Based on EPA's past experience, State, local, and tribal
governments have not been affected by this reporting requirement, and
EPA does not have any reason to believe that any State, local, or
tribal government will be affected by this proposed rule. As such, EPA
has determined that this proposed rule does not impose any enforceable
duty, contain any unfunded mandate, or otherwise have any affect on
small governments. Accordingly, this proposed rule is not subject to
the requirements of sections 202, 203, or 205 of UMRA.
E. Federalism
Pursuant to Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999), EPA has determined that this proposed rule
does not have federalism implications because it will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in the Executive Order. This proposed rule simply amends the
IUR rule in several ways to provide information to better address
Agency and public information needs, improve the usability and
reliability of the reported data, and ensure that data are available in
a timely manner. Because EPA has no information to indicate that any
State or local government manufactures or processes the chemical
substances covered by this action, the proposed
[[Page 49685]]
rule does not apply directly to States and localities and will not
affect State and local governments. Thus, Executive Order 13132 does
not apply to the proposed rule.
F. Tribal Implications
As required by Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 9,
2000), EPA has determined that this proposed rule does not have tribal
implications because it will not have any affect on tribal governments,
on the relationship between the Federal Government and the Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified in the Order.
Thus, Executive Order 13175 does not apply to this proposed rule.
G. Children's Health
EPA interprets Executive Order 13045, entitled Protection of
Children from Environmental Health Risks and Safety Risks (62 FR 19885,
April 23, 1997), as applying only to those regulatory actions that
concern health or safety risks, such that the analysis required under
section 5-501 of Executive Order 13045 has the potential to influence
the regulation. This action is not subject to Executive Order 13045
because it does not establish an environmental standard intended to
mitigate health or safety risks. Nevertheless, the information obtained
by the reporting required by this proposed rule will be used to inform
the Agency's decisionmaking process regarding chemical substances to
which children may be disproportionately exposed. This information will
also assist the Agency and others in determining whether the chemical
substances in this proposed rule present potential risks, allowing the
Agency and others to take appropriate action to investigate and
mitigate those risks.
H. Energy Effects
This action is not a ``significant energy action'' as defined in
Executive Order 13211, entitled Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001), because it is not likely to have a significant adverse
effect on the supply, distribution, or use of energy as described in
the Executive Order.
I. Technical Standards
Since this action does not involve any technical standards, section
12(d) of the National Technology Transfer and Advancement Act of 1995
(NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note), does
not apply to this action.
J. Environmental Justice
The proposed rule does not have an adverse impact on the
environmental and health conditions in low-income and minority
communities that require special consideration by the Agency under
Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994). The Agency believes that
the information collected under this proposed rule, if finalized, will
assist EPA and others in determining the potential hazards and risks
associated with the chemical substances covered by the rule. Because
the IUR rule is an information collection requirement, the information
that will become available through the rule will enable the Agency to
target educational, regulatory, or enforcement activities towards
industries or chemical substances that pose the greatest risks and/or
to target programs for geographic areas that are at the highest risk.
Thus, the information to be gathered under the rule will help EPA make
decisions that will benefit potentially at-risk communities, some of
which may be disadvantaged.
The proposed rule is directed at manufacturers (including
importers) of chemical substances. All consumers of these chemical
products and all workers who come into contact with these chemical
substances could benefit if data regarding the chemical substances'
health and environmental effects were developed. Therefore, it does not
appear that the costs and the benefits of the proposed rule will be
disproportionately distributed across different geographic regions or
among different categories of individuals.
List of Subjects in 40 CFR Parts 704, 710, and 711
Environmental protection, Chemicals, Confidential Business
Information (CBI), Hazardous materials, Imports, Reporting and
recordkeeping requirements.
Dated: August 5, 2010.
Stephen A. Owens,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
Therefore, it is proposed that 40 CFR chapter I be amended as
follows:
PART 704--[AMENDED]
1. The authority citation for part 704 continues to read as
follows:
Authority: 15 U.S.C. 2607(a).
Sec. 704.3 [Amended]
2. In Sec. 704.3, remove the phrase ``(as defined in 19 CFR
1.11)'' in paragraph (1)(ii) of the definition importer.
PART 710--COMPILATION OF THE TSCA CHEMICAL INVENTORY
3. The authority citation for part 710 continues to read as
follows:
Authority: 15 U.S.C. 2607(a).
4. Revise the heading for part 710 to read as set forth above.
5. Remove the heading ``Subpart A--General Provisions.''
6. Revise paragraph (b) of Sec. 710.1 to read as follows:
Sec. 710.1 Scope and compliance.
* * * * *
(b) This part applies to the activities associated with the
compilation of the TSCA Chemical Substance Inventory (TSCA Inventory)
and the update of information on a subset of the chemical substances
included on the TSCA Inventory.
* * * * *
7. Section 710.3 is amended as follows:
i. Remove the phrase ``(as defined in 19 CFR 1.11)'' in paragraph
(2) of the definition importer.
ii. Remove the definition non-isolated intermediate.
iii. Revise the introductory text of the section to read as
follows:
Sec. 710.3 Definitions.
For purposes of this part:
* * * * *
Subpart B (Sec. Sec. 710.23-710.39) [Removed]
8. Remove subpart B, consisting of Sec. Sec. 710.23-710.39.
Subpart C (Sec. Sec. 710.43-710.59) [Removed]
9. Remove subpart C, consisting of Sec. Sec. 710.43-710.59.
10. Add new part 711 to subchapter R to read as follows:
PART 711--TSCA INVENTORY UPDATE REPORTING REQUIREMENTS
Sec.
Sec. 711.1 Scope and compliance.
Sec. 711.3 Definitions.
Sec. 711.5 Chemical substances for which information must be
reported.
Sec. 711.6 Chemical substances for which information is not
required.
Sec. 711.8 Persons who must report.
Sec. 711.9 Persons not subject to this part.
Sec. 711.10 Activities for which reporting is not required.
Sec. 711.15 Reporting information to EPA.
Sec. 711.20 When to report.
Sec. 711.22 Duplicative reporting.
[[Page 49686]]
Sec. 711.25 Recordkeeping requirements.
Sec. 711.30 Confidentiality claims.
Sec. 711.35 Electronic filing.
Authority: 15 U.S.C. 2607(a).
Sec. 711.1 Scope and compliance.
(a) This part specifies reporting and recordkeeping procedures
under section 8(a) of the Toxic Substances Control Act (TSCA) (15
U.S.C. 2607(a)) for certain manufacturers (including importers) of
chemical substances. Section 8(a) of TSCA authorizes the EPA
Administrator to require reporting of information necessary for
administration of TSCA, including issuing regulations for the purpose
of compiling and keeping current the TSCA Chemical Substance Inventory
(TSCA Inventory) manufactured or processed in the United States as
required by TSCA section 8(b). In accordance with TSCA section 8(b),
EPA amends the TSCA Inventory to include new chemical substances
manufactured (including imported) in the United States and reported
under TSCA section 5(a)(1). EPA also revises the categories of chemical
substances and makes other amendments as appropriate.
(b) This part applies to the activities associated with the
periodic update of information on a subset of the chemical substances
included on the TSCA Inventory.
(c) Section 15(3) of TSCA makes it unlawful for any person to fail
or refuse to submit information required under this part. In addition,
TSCA section 15(3) makes it unlawful for any person to fail to keep,
and permit access to, records required by this part. Section 16 of TSCA
provides that any person who violates a provision of TSCA section 15 is
liable to the United States for a civil penalty and may be criminally
prosecuted. Pursuant to TSCA section 17, the Federal Government may
seek judicial relief to compel submission of TSCA section 8(a)
information and to otherwise restrain any violation of TSCA section 15.
(EPA does not intend to concentrate its enforcement efforts on
insignificant clerical errors in reporting.)
(d) Each person who reports under this part must maintain records
that document information reported under this part and, in accordance
with TSCA, permit access to, and the copying of, such records by EPA
officials.
Sec. 711.3 Definitions.
The definitions in this section and the definitions in TSCA section
3 apply to this part. In addition, the definitions in 40 CFR 704.3 also
apply to this part, except the definitions manufacture and manufacturer
in 40 CFR 704.3.
CDX or Central Data Exchange means EPA's centralized electronic
document receiving system, or its successors, including associated
instructions for registering to submit electronic documents.
Commercial use means the use of a chemical substance or a mixture
containing a chemical substance (including as part of an article) in a
commercial enterprise providing saleable goods or services.
Consumer use means the use of a chemical substance or a mixture
containing a chemical substance (including as part of an article) when
sold to or made available to consumers for their use.
e-IURweb means the electronic, web-based IUR software provided by
EPA for the completion and submission of the IUR data.
Industrial function means the intended physical or chemical
characteristic for which a chemical substance or mixture is consumed as
a reactant; incorporated into a formulation, mixture, reaction product,
or article; repackaged; or used.
Industrial use means use at a site at which one or more chemical
substances or mixtures are manufactured (including imported) or
processed.
Intended for use by children means the chemical substance or
mixture is used in or on a product that is specifically intended for
use by children age 14 or younger. A chemical substance or mixture is
intended for use by children when the submitter answers ``yes'' to at
least one of the following questions for the product into which the
submitter's chemical substance or mixture is incorporated:
(1) Is the product commonly recognized (i.e., by a reasonable
person) as being intended for children age 14 or younger?
(2) Does the manufacturer of the product state through product
labeling or other written materials that the product is intended for or
will be used by children age 14 or younger?
(3) Is the advertising, promotion, or marketing of the product
aimed at children age 14 or younger?
Manufacture means to manufacture, produce, or import for commercial
purposes. Manufacture includes the extraction, for commercial purposes,
of a component chemical substance from a previously existing chemical
substance or complex combination of chemical substances. When a
chemical substance, manufactured other than by import, is:
(1) Produced exclusively for another person who contracts for such
production.
(2) That other person specifies the identity of the chemical
substance and controls the total amount produced and the basic
technology for the plant process, that chemical substance is jointly
manufactured by the producing manufacturer and the person contracting
for such production.
Manufacturer means a person who manufactures a chemical substance.
Master Inventory File means EPA's comprehensive list of chemical
substances which constitute the TSCA Inventory compiled under TSCA
section 8(b). It includes chemical substances reported under 40 CFR
part 710 and substances reported under 40 CFR part 720 for which a
Notice of Commencement of Manufacture or Import has been received under
40 CFR 720.120.
Principal reporting year means the latest complete calendar year
preceding the submission period.
Reasonably likely to be exposed means an exposure to a chemical
substance which, under foreseeable conditions of manufacture (including
import), processing, distribution in commerce, or use of the chemical
substance, is more likely to occur than not to occur. Such exposures
would normally include, but would not be limited to, activities such as
charging reactor vessels, drumming, bulk loading, cleaning equipment,
maintenance operations, materials handling and transfers, and
analytical operations. Covered exposures include exposures through any
route of entry (inhalation, ingestion, skin contact, absorption, etc.),
but excludes accidental or theoretical exposures.
Repackaging means the physical transfer of a chemical substance or
mixture, as is, from one container to another container or containers
in preparation for distribution of the chemical substance or mixture in
commerce.
Reportable chemical substance means a chemical substance described
in Sec. 711.5.
Site means a contiguous property unit. Property divided only by a
public right-of-way shall be considered one site. More than one plant
may be located on a single site.
(1) For chemical substances manufactured under contract, i.e., by a
toll manufacturer, the site is the location where the chemical
substance is physically manufactured.
(2) The site for an importer who imports a chemical substance
described in Sec. 711.5 is the U.S. site of the operating unit within
the person's organization that is directly responsible for importing
the chemical substance.
[[Page 49687]]
The import site, in some cases, may be the organization's headquarters
in the United States. If there is no such operating unit or
headquarters in the United States, the site address for the importer is
the U.S. address of an agent acting on behalf of the importer who is
authorized to accept service of process for the importer.
(3) For portable manufacturing units sent out to different
locations from a single distribution center, the distribution center
shall be considered the site.
Site-limited means a chemical substance is manufactured and
processed only within a site and is not distributed for commercial
purposes as a chemical substance or as part of a mixture or article
outside the site. Imported chemical substances are never site-limited.
Although a site-limited chemical substance is not distributed for
commercial purposes outside the site at which it is manufactured and
processed, the chemical substance is considered to have been
manufactured and processed for commercial purposes.
Submission period means the period in which the manufacturing,
processing, and use data are submitted to EPA.
Use means any utilization of a chemical substance or mixture that
is not otherwise covered by the terms manufacture or process.
Relabeling or redistributing a container holding a chemical substance
or mixture where no repackaging of the chemical substance or mixture
occurs does not constitute use or processing of the chemical substance
or mixture.
Sec. 711.5 Chemical substances for which information must be
reported.
Any chemical substance which is in the Master Inventory File at the
beginning of a submission period described in Sec. 711.20, unless the
chemical substance is specifically excluded by Sec. 711.6.
Sec. 711.6 Chemical substances for which information is not required.
The following groups or categories of chemical substances are
exempted from some or all of the reporting requirements of this part,
with the following exception: A chemical substance described in
paragraph (a)(1), (a)(2), or (a)(4), or (b) of this section is not
exempted from any of the reporting requirements of this part if that
chemical substance is the subject of a rule proposed or promulgated
under TSCA section 4, 5(a)(2), 5(b)(4), or 6, or is the subject of a
consent agreement developed under the procedures of 40 CFR part 790, or
is the subject of an order issued under TSCA section 5(e) or 5(f), or
is the subject of relief that has been granted under a civil action
under TSCA section 5 or 7.
(a) Full exemptions. The following categories of chemical
substances are exempted from the reporting requirements of this part.
(1) Polymers--(i) Any chemical substance described with the word
fragments ``*polym*,'' ``*alkyd,'' or ``*oxylated'' in the Chemical
Abstracts (CA) Index Name in the Master Inventory File, where the
asterisk (*) in the listed word fragments indicates that any sets of
characters may precede, or follow, the character string defined.
(ii) Any chemical substance which is identified in the Master
Inventory File as siloxane and silicone, silsesquioxane, a protein
(albumin, casein, gelatin, gluten, hemoglobin), an enzyme, a
polysaccharide (starch, cellulose, gum), rubber, or lignin.
(iii) This exclusion does not apply to a polymeric substance that
has been hydrolyzed, depolymerized, or otherwise chemically modified,
except in cases where the intended product of this reaction is totally
polymeric in structure.
(2) Microorganisms. Any combination of chemical substances that is
a living organism, and that meets the definition of ``microorganism''
at 40 CFR 725.3. Any chemical substance produced from a living
microorganism is reportable under this part unless otherwise excluded.
(3) Naturally occurring chemical substances. Any naturally
occurring chemical substance, as described in 40 CFR 710.4(b). The
applicability of this exclusion is determined in each case by the
specific activities of the person who manufactures the chemical
substance in question. Some chemical substances can be manufactured
both as described in 40 CFR 710.4(b) and by means other than those
described in 40 CFR 710.4(b). If a person described in Sec. 711.8
manufactures a chemical substance by means other than those described
in 40 CFR 710.4(b), the person must report regardless of whether the
chemical substance also could have been produced as described in 40 CFR
710.4(b). Any chemical substance that is produced from such a naturally
occurring chemical substance described in 40 CFR 710.4(b) is reportable
unless otherwise excluded.
(4) Certain forms of natural gas and water. Chemical substances
with the following CASRN: CASRN 64741-48-6, natural gas (petroleum),
raw liq. mix; CASRN 68919-39-1, natural gas condensates; CASRN 8006-61-
9, gasoline, natural; CASRN 68425-31-0, gasoline (natural gas),
natural; CASRN 8006-14-2, natural gas; CASRN 68410-63-9, natural gas,
dried; and CASRN 7732-18-5, water.
(b) Partial exemptions. The following groups of chemical substances
are partially exempted from the reporting requirements of this part
(i.e., the information described in Sec. 711.15(b)(4) need not be
reported for these chemical substances). Such chemical substances are
not excluded from the other reporting requirements under this part.
(1) Petroleum process streams. EPA has designated the chemical
substances listed in Table 1 of this paragraph by CASRN, as partially
exempt from reporting under the IUR.
Table 1.--CAS Registry Numbers of Partially Exempt Chemical Substances
Termed ``Petroleum Process Streams'' for Purposes of Inventory Update
Reporting
------------------------------------------------------------------------
CASRN Product
------------------------------------------------------------------------
8002-05-9 Petroleum
------------------------------------------------------------------------
8002-74-2 Paraffin waxes and
hydrocarbon waxes
------------------------------------------------------------------------
8006-20-0 Fuel gases, low and medium
B.T.U.
------------------------------------------------------------------------
8008-20-6 Kerosine (petroleum)
------------------------------------------------------------------------
8009-03-8 Petrolatum
------------------------------------------------------------------------
8012-95-1 Paraffin oils
------------------------------------------------------------------------
8030-30-6 Naphtha
------------------------------------------------------------------------
8032-32-4 Ligroine
------------------------------------------------------------------------
8042-47-5 White mineral oil (petroleum)
------------------------------------------------------------------------
8052-41-3 Stoddard solvent
------------------------------------------------------------------------
8052-42-4 Asphalt
------------------------------------------------------------------------
61789-60-4 Pitch
------------------------------------------------------------------------
63231-60-7 Paraffin waxes and
hydrocarbon waxes,
microcryst.
------------------------------------------------------------------------
64741-41-9 Naphtha (petroleum), heavy
straight-run
------------------------------------------------------------------------
64741-42-0 Naphtha (petroleum), full-
range straight-run
------------------------------------------------------------------------
64741-43-1 Gas oils (petroleum),
straight-run
------------------------------------------------------------------------
64741-44-2 Distillates (petroleum),
straight-run middle
------------------------------------------------------------------------
64741-45-3 Residues (petroleum), atm.
tower
------------------------------------------------------------------------
[[Page 49688]]
64741-46-4 Naphtha (petroleum), light
straight-run
------------------------------------------------------------------------
64741-47-5 Natural gas condensates
(petroleum)
------------------------------------------------------------------------
64741-49-7 Condensates (petroleum),
vacuum tower
------------------------------------------------------------------------
64741-50-0 Distillates (petroleum),
light paraffinic
------------------------------------------------------------------------
64741-51-1 Distillates (petroleum),
heavy paraffinic
------------------------------------------------------------------------
64741-52-2 Distillates (petroleum),
light naphthenic
------------------------------------------------------------------------
64741-53-3 Distillates (petroleum),
heavy naphthenic
------------------------------------------------------------------------
64741-54-4 Naphtha (petroleum), heavy
catalytic cracked
------------------------------------------------------------------------
64741-55-5 Naphtha (petroleum), light
catalytic cracked
------------------------------------------------------------------------
64741-56-6 Residues (petroleum), vacuum
------------------------------------------------------------------------
64741-57-7 Gas oils (petroleum), heavy
vacuum
------------------------------------------------------------------------
64741-58-8 Gas oils (petroleum), light
vacuum
------------------------------------------------------------------------
64741-59-9 Distillates (petroleum),
light catalytic cracked
------------------------------------------------------------------------
64741-60-2 Distillates (petroleum),
intermediate catalytic
cracked
------------------------------------------------------------------------
64741-61-3 Distillates (petroleum),
heavy catalytic cracked
------------------------------------------------------------------------
64741-62-4 Clarified oils (petroleum),
catalytic cracked
------------------------------------------------------------------------
64741-63-5 Naphtha (petroleum), light
catalytic reformed
------------------------------------------------------------------------
64741-64-6 Naphtha (petroleum), full-
range alkylate
------------------------------------------------------------------------
64741-65-7 Naphtha (petroleum), heavy
alkylate
------------------------------------------------------------------------
64741-66-8 Naphtha (petroleum), light
alkylate
------------------------------------------------------------------------
64741-67-9 Residues (petroleum),
catalytic reformer
fractionator
------------------------------------------------------------------------
64741-68-0 Naphtha (petroleum), heavy
catalytic reformed
------------------------------------------------------------------------
64741-69-1 Naphtha (petroleum), light
hydrocracked
------------------------------------------------------------------------
64741-70-4 Naphtha (petroleum),
isomerization
------------------------------------------------------------------------
64741-73-7 Distillates (petroleum),
alkylate
------------------------------------------------------------------------
64741-74-8 Naphtha (petroleum), light
thermal cracked
------------------------------------------------------------------------
64741-75-9 Residues (petroleum),
hydrocracked
------------------------------------------------------------------------
64741-76-0 Distillates (petroleum),
heavy hydrocracked
------------------------------------------------------------------------
64741-77-1 Distillates (petroleum),
light hydrocracked
------------------------------------------------------------------------
64741-78-2 Naphtha (petroleum), heavy
hydrocracked
------------------------------------------------------------------------
64741-79-3 Coke (petroleum)
------------------------------------------------------------------------
64741-80-6 Residues (petroleum), thermal
cracked
------------------------------------------------------------------------
64741-81-7 Distillates (petroleum),
heavy thermal cracked
------------------------------------------------------------------------
64741-82-8 Distillates (petroleum),
light thermal cracked
------------------------------------------------------------------------
64741-83-9 Naphtha (petroleum), heavy
thermal cracked
------------------------------------------------------------------------
64741-84-0 Naphtha (petroleum), solvent-
refined light
------------------------------------------------------------------------
64741-85-1 Raffinates (petroleum),
sorption process
------------------------------------------------------------------------
64741-86-2 Distillates (petroleum),
sweetened middle
------------------------------------------------------------------------
64741-87-3 Naphtha (petroleum),
sweetened
------------------------------------------------------------------------
64741-88-4 Distillates (petroleum),
solvent-refined heavy
paraffinic
------------------------------------------------------------------------
64741-89-5 Distillates (petroleum),
solvent-refined light
paraffinic
------------------------------------------------------------------------
64741-90-8 Gas oils (petroleum), solvent-
refined
------------------------------------------------------------------------
64741-91-9 Distillates (petroleum),
solvent-refined middle
------------------------------------------------------------------------
64741-92-0 Naphtha (petroleum), solvent-
refined heavy
------------------------------------------------------------------------
64741-95-3 Residual oils (petroleum),
solvent deasphalted
------------------------------------------------------------------------
64741-96-4 Distillates (petroleum),
solvent-refined heavy
naphthenic
------------------------------------------------------------------------
64741-97-5 Distillates (petroleum),
solvent-refined light
naphthenic
------------------------------------------------------------------------
64741-98-6 Extracts (petroleum), heavy
naphtha solvent
------------------------------------------------------------------------
64741-99-7 Extracts (petroleum), light
naphtha solvent
------------------------------------------------------------------------
64742-01-4 Residual oils (petroleum),
solvent-refined
------------------------------------------------------------------------
64742-03-6 Extracts (petroleum), light
naphthenic distillate
solvent
------------------------------------------------------------------------
64742-04-7 Extracts (petroleum), heavy
paraffinic distillate
solvent
------------------------------------------------------------------------
64742-05-8 Extracts (petroleum), light
paraffinic distillate
solvent
------------------------------------------------------------------------
64742-06-9 Extracts (petroleum), middle
distillate solvent
------------------------------------------------------------------------
64742-07-0 Raffinates (petroleum),
residual oil decarbonization
------------------------------------------------------------------------
64742-08-1 Raffinates (petroleum), heavy
naphthenic distillate
decarbonization
------------------------------------------------------------------------
64742-09-2 Raffinates (petroleum), heavy
paraffinic distillate
decarbonization
------------------------------------------------------------------------
[[Page 49689]]
64742-10-5 Extracts (petroleum),
residual oil solvent
------------------------------------------------------------------------
64742-11-6 Extracts (petroleum), heavy
naphthenic distillate
solvent
------------------------------------------------------------------------
64742-12-7 Gas oils (petroleum), acid-
treated
------------------------------------------------------------------------
64742-13-8 Distillates (petroleum), acid-
treated middle
------------------------------------------------------------------------
64742-14-9 Distillates (petroleum), acid-
treated light
------------------------------------------------------------------------
64742-15-0 Naphtha (petroleum), acid-
treated
------------------------------------------------------------------------
64742-16-1 Petroleum resins
------------------------------------------------------------------------
64742-18-3 Distillates (petroleum), acid-
treated heavy naphthenic
------------------------------------------------------------------------
64742-19-4 Distillates (petroleum), acid-
treated light naphthenic
------------------------------------------------------------------------
64742-20-7 Distillates (petroleum), acid-
treated heavy paraffinic
------------------------------------------------------------------------
64742-21-8 Distillates (petroleum), acid-
treated light paraffinic
------------------------------------------------------------------------
64742-22-9 Naphtha (petroleum),
chemically neutralized heavy
------------------------------------------------------------------------
64742-23-0 Naphtha (petroleum),
chemically neutralized light
------------------------------------------------------------------------
64742-24-1 Sludges (petroleum), acid
------------------------------------------------------------------------
64742-25-2 Lubricating oils (petroleum),
acid-treated spent
------------------------------------------------------------------------
64742-26-3 Hydrocarbon waxes
(petroleum), acid-treated
------------------------------------------------------------------------
64742-27-4 Distillates (petroleum),
chemically neutralized heavy
paraffinic
------------------------------------------------------------------------
64742-28-5 Distillates (petroleum),
chemically neutralized light
paraffinic
------------------------------------------------------------------------
64742-29-6 Gas oils (petroleum),
chemically neutralized
------------------------------------------------------------------------
64742-30-9 Distillates (petroleum),
chemically neutralized
middle
------------------------------------------------------------------------
64742-31-0 Distillates (petroleum),
chemically neutralized light
------------------------------------------------------------------------
64742-32-1 Lubricating oils (petroleum),
chemically neutralized spent
------------------------------------------------------------------------
64742-33-2 Hydrocarbon waxes
(petroleum), chemically
neutralized
------------------------------------------------------------------------
64742-34-3 Distillates (petroleum),
chemically neutralized heavy
naphthenic
------------------------------------------------------------------------
64742-35-4 Distillates (petroleum),
chemically neutralized light
naphthenic
------------------------------------------------------------------------
64742-36-5 Distillates (petroleum), clay-
treated heavy paraffinic
------------------------------------------------------------------------
64742-37-6 Distillates (petroleum), clay-
treated light paraffinic
------------------------------------------------------------------------
64742-38-7 Distillates (petroleum), clay-
treated middle
------------------------------------------------------------------------
64742-39-8 Neutralizing agents
(petroleum), spent sodium
carbonate
------------------------------------------------------------------------
64742-40-1 Neutralizing agents
(petroleum), spent sodium
hydroxide
------------------------------------------------------------------------
64742-41-2 Residual oils (petroleum),
clay-treated
------------------------------------------------------------------------
64742-42-3 Hydrocarbon waxes
(petroleum), clay-treated
microcryst.
------------------------------------------------------------------------
64742-43-4 Paraffin waxes (petroleum),
clay-treated
------------------------------------------------------------------------
64742-44-5 Distillates (petroleum), clay-
treated heavy naphthenic
------------------------------------------------------------------------
64742-45-6 Distillates (petroleum), clay-
treated light naphthenic
------------------------------------------------------------------------
64742-46-7 Distillates (petroleum),
hydrotreated middle
------------------------------------------------------------------------
64742-47-8 Distillates (petroleum),
hydrotreated light
------------------------------------------------------------------------
64742-48-9 Naphtha (petroleum),
hydrotreated heavy
------------------------------------------------------------------------
64742-49-0 Naphtha (petroleum),
hydrotreated light
------------------------------------------------------------------------
64742-50-3 Lubricating oils (petroleum),
clay-treated spent
------------------------------------------------------------------------
64742-51-4 Paraffin waxes (petroleum),
hydrotreated
------------------------------------------------------------------------
64742-52-5 Distillates (petroleum),
hydrotreated heavy
naphthenic
------------------------------------------------------------------------
64742-53-6 Distillates (petroleum),
hydrotreated light
naphthenic
------------------------------------------------------------------------
64742-54-7 Distillates (petroleum),
hydrotreated heavy
paraffinic
------------------------------------------------------------------------
64742-55-8 Distillates (petroleum),
hydrotreated light
paraffinic
------------------------------------------------------------------------
64742-56-9 Distillates (petroleum),
solvent-dewaxed light
paraffinic
------------------------------------------------------------------------
64742-57-0 Residual oils (petroleum),
hydrotreated
------------------------------------------------------------------------
64742-58-1 Lubricating oils (petroleum),
hydrotreated spent
------------------------------------------------------------------------
64742-59-2 Gas oils (petroleum),
hydrotreated vacuum
------------------------------------------------------------------------
64742-60-5 Hydrocarbon waxes
(petroleum), hydrotreated
microcryst.
------------------------------------------------------------------------
64742-61-6 Slack wax (petroleum)
------------------------------------------------------------------------
64742-62-7 Residual oils (petroleum),
solvent-dewaxed
------------------------------------------------------------------------
64742-63-8 Distillates (petroleum),
solvent-dewaxed heavy
naphthenic
------------------------------------------------------------------------
64742-64-9 Distillates (petroleum),
solvent-dewaxed light
naphthenic
------------------------------------------------------------------------
64742-65-0 Distillates (petroleum),
solvent-dewaxed heavy
paraffinic
------------------------------------------------------------------------
64742-67-2 Foots oil (petroleum)
------------------------------------------------------------------------
[[Page 49690]]
64742-68-3 Naphthenic oils (petroleum),
catalytic dewaxed heavy
------------------------------------------------------------------------
64742-69-4 Naphthenic oils (petroleum),
catalytic dewaxed light
------------------------------------------------------------------------
64742-70-7 Paraffin oils (petroleum),
catalytic dewaxed heavy
------------------------------------------------------------------------
64742-71-8 Paraffin oils (petroleum),
catalytic dewaxed light
------------------------------------------------------------------------
64742-72-9 Distillates (petroleum),
catalytic dewaxed middle
------------------------------------------------------------------------
64742-73-0 Naphtha (petroleum),
hydrodesulfurized light
------------------------------------------------------------------------
64742-75-2 Naphthenic oils (petroleum),
complex dewaxed heavy
------------------------------------------------------------------------
64742-76-3 Naphthenic oils (petroleum),
complex dewaxed light
------------------------------------------------------------------------
64742-78-5 Residues (petroleum),
hydrodesulfurized
atmospheric tower
------------------------------------------------------------------------
64742-79-6 Gas oils (petroleum),
hydrodesulfurized
------------------------------------------------------------------------
64742-80-9 Distillates (petroleum),
hydrodesulfurized middle
------------------------------------------------------------------------
64742-81-0 Kerosine (petroleum),
hydrodesulfurized
------------------------------------------------------------------------
64742-82-1 Naphtha (petroleum),
hydrodesulfurized heavy
------------------------------------------------------------------------
64742-83-2 Naphtha (petroleum), light
steam-cracked
------------------------------------------------------------------------
64742-85-4 Residues (petroleum),
hydrodesulfurized vacuum
------------------------------------------------------------------------
64742-86-5 Gas oils (petroleum),
hydrodesulfurized heavy
vacuum
------------------------------------------------------------------------
64742-87-6 Gas oils (petroleum),
hydrodesulfurized light
vacuum
------------------------------------------------------------------------
64742-88-7 Solvent naphtha (petroleum),
medium aliph.
------------------------------------------------------------------------
64742-89-8 Solvent naphtha (petroleum),
light aliph.
------------------------------------------------------------------------
64742-90-1 Residues (petroleum), steam-
cracked
------------------------------------------------------------------------
64742-91-2 Distillates (petroleum),
steam-cracked
------------------------------------------------------------------------
64742-92-3 Petroleum resins, oxidized
------------------------------------------------------------------------
64742-93-4 Asphalt, oxidized
------------------------------------------------------------------------
64742-94-5 Solvent naphtha (petroleum),
heavy arom.
------------------------------------------------------------------------
64742-95-6 Solvent naphtha (petroleum),
light arom.
------------------------------------------------------------------------
64742-96-7 Solvent naphtha (petroleum),
heavy aliph.
------------------------------------------------------------------------
64742-97-8 Distillates (petroleum),
oxidized heavy
------------------------------------------------------------------------
64742-98-9 Distillates (petroleum),
oxidized light
------------------------------------------------------------------------
64742-99-0 Residual oils (petroleum),
oxidized
------------------------------------------------------------------------
64743-00-6 Hydrocarbon waxes
(petroleum), oxidized
------------------------------------------------------------------------
64743-01-7 Petrolatum (petroleum),
oxidized
------------------------------------------------------------------------
64743-02-8 Alkenes, C>10 .alpha.-
------------------------------------------------------------------------
64743-03-9 Phenols (petroleum)
------------------------------------------------------------------------
64743-04-0 Coke (petroleum), recovery
------------------------------------------------------------------------
64743-05-1 Coke (petroleum), calcined
------------------------------------------------------------------------
64743-06-2 Extracts (petroleum), gas oil
solvent
------------------------------------------------------------------------
64743-07-3 Sludges (petroleum),
chemically neutralized
------------------------------------------------------------------------
64754-89-8 Naphthenic acids (petroleum),
crude
------------------------------------------------------------------------
64771-71-7 Paraffins (petroleum), normal
C>10
------------------------------------------------------------------------
64771-72-8 Paraffins (petroleum), normal
C5-20
------------------------------------------------------------------------
67254-74-4 Naphthenic oils
------------------------------------------------------------------------
67674-12-8 Residual oils (petroleum),
oxidized, compounds with
triethanolamine
------------------------------------------------------------------------
67674-13-9 Petrolatum (petroleum),
oxidized, partially
deacidified
------------------------------------------------------------------------
67674-15-1 Petrolatum (petroleum),
oxidized, Me ester
------------------------------------------------------------------------
67674-16-2 Hydrocarbon waxes
(petroleum), oxidized,
partially deacidified
------------------------------------------------------------------------
67674-17-3 Distillates (petroleum),
oxidized light, compounds
with triethanolamine
------------------------------------------------------------------------
67674-18-4 Distillates (petroleum),
oxidized light, Bu esters
------------------------------------------------------------------------
67891-79-6 Distillates (petroleum),
heavy arom.
------------------------------------------------------------------------
67891-80-9 Distillates (petroleum),
light arom.
------------------------------------------------------------------------
67891-81-0 Distillates (petroleum),
oxidized light, potassium
salts
------------------------------------------------------------------------
67891-82-1 Hydrocarbon waxes
(petroleum), oxidized,
compounds with ethanolamine
------------------------------------------------------------------------
67891-83-2 Hydrocarbon waxes
(petroleum), oxidized,
compounds with
isopropanolamine
------------------------------------------------------------------------
67891-85-4 Hydrocarbon waxes
(petroleum), oxidized,
compounds with
triisopropanolamine
------------------------------------------------------------------------
67891-86-5 Hydrocarbon waxes
(petroleum), oxidized,
compds. with
diisopropanolamine
------------------------------------------------------------------------
68131-05-5 Hydrocarbon oils, process
blends
------------------------------------------------------------------------
68131-49-7 Aromatic hydrocarbons, C6-10,
acid-treated, neutralized
------------------------------------------------------------------------
68131-75-9 Gases (petroleum), C3-4
------------------------------------------------------------------------
68153-22-0 Paraffin waxes and
Hydrocarbon waxes, oxidized
------------------------------------------------------------------------
68187-57-5 Pitch, coal tar-petroleum
------------------------------------------------------------------------
68187-58-6 Pitch, petroleum, arom.
------------------------------------------------------------------------
[[Page 49691]]
68187-60-0 Hydrocarbons, C4, ethane-
propane-cracked
------------------------------------------------------------------------
68307-98-2 Tail gas (petroleum),
catalytic cracked distillate
and catalytic cracked
naphtha fractionation
absorber
------------------------------------------------------------------------
68307-99-3 Tail gas (petroleum),
catalytic polymn. naphtha
fractionation stabilizer
------------------------------------------------------------------------
68308-00-9 Tail gas (petroleum),
catalytic reformed naphtha
fractionation stabilizer,
hydrogen sulfide-free
------------------------------------------------------------------------
68308-01-0 Tail gas (petroleum), cracked
distillate hydrotreater
stripper
------------------------------------------------------------------------
68308-02-1 Tail gas (petroleum), distn.,
hydrogen sulfide-free
------------------------------------------------------------------------
68308-03-2 Tail gas (petroleum), gas oil
catalytic cracking absorber
------------------------------------------------------------------------
68308-04-3 Tail gas (petroleum), gas
recovery plant
------------------------------------------------------------------------
68308-05-4 Tail gas (petroleum), gas
recovery plant deethanizer
------------------------------------------------------------------------
68308-06-5 Tail gas (petroleum),
hydrodesulfurized distillate
and hydrodesulfurized
naphtha fractionator, acid-
free
------------------------------------------------------------------------
68308-07-6 Tail gas (petroleum),
hydrodesulfurized vacuum gas
oil stripper, hydrogen
sulfide-free
------------------------------------------------------------------------
68308-08-7 Tail gas (petroleum),
isomerized naphtha
fractionation stabilizer
------------------------------------------------------------------------
68308-09-8 Tail gas (petroleum), light
straight-run naphtha
stabilizer, hydrogen sulfide-
free
------------------------------------------------------------------------
68308-10-1 Tail gas (petroleum),
straight-run distillate
hydrodesulfurizer, hydrogen
sulfide-free
------------------------------------------------------------------------
68308-11-2 Tail gas (petroleum), propane-
propylene alkylation feed
prep deethanizer
------------------------------------------------------------------------
68308-12-3 Tail gas (petroleum), vacuum
gas oil hydrodesulfurizer,
hydrogen sulfide-free
------------------------------------------------------------------------
68308-27-0 Fuel gases, refinery
------------------------------------------------------------------------
68333-22-2 Residues (petroleum),
atmospheric
------------------------------------------------------------------------
68333-23-3 Naphtha (petroleum), heavy
coker
------------------------------------------------------------------------
68333-24-4 Hydrocarbon waxes
(petroleum), oxidized,
compds. with triethanolamine
------------------------------------------------------------------------
68333-25-5 Distillates (petroleum),
hydrodesulfurized light
catalytic cracked
------------------------------------------------------------------------
68333-26-6 Clarified oils (petroleum),
hydrodesulfurized catalytic
cracked
------------------------------------------------------------------------
68333-27-7 Distillates (petroleum),
hydrodesulfurized
intermediate catalytic
cracked
------------------------------------------------------------------------
68333-28-8 Distillates (petroleum),
hydrodesulfurized heavy
catalytic cracked
------------------------------------------------------------------------
68333-29-9 Residues (petroleum), light
naphtha solvent extracts
------------------------------------------------------------------------
68333-30-2 Distillates (petroleum),
oxidized heavy thermal
cracked
------------------------------------------------------------------------
68333-81-3 Alkanes, C4-12
------------------------------------------------------------------------
68333-88-0 Aromatic hydrocarbons, C9-17
------------------------------------------------------------------------
68334-30-5 Fuels, diesel
------------------------------------------------------------------------
68409-99-4 Gases (petroleum), catalytic
cracked overheads
------------------------------------------------------------------------
68410-00-4 Distillates (petroleum),
crude oil
------------------------------------------------------------------------
68410-05-9 Distillates (petroleum),
straight-run light
------------------------------------------------------------------------
68410-12-8 Distillates (petroleum),
steam-cracked, C5-10
fraction, high-temp.
stripping products with
light steam-cracked
petroleum naphtha C5
fraction polymers
------------------------------------------------------------------------
68410-71-9 Raffinates (petroleum),
catalytic reformer ethylene
glycol-water countercurrent
exts.
------------------------------------------------------------------------
68410-96-8 Distillates (petroleum),
hydrotreated middle,
intermediate boiling
------------------------------------------------------------------------
68410-97-9 Distillates (petroleum),
light distillate
hydrotreating process, low-
boiling
------------------------------------------------------------------------
68410-98-0 Distillates (petroleum),
hydrotreated heavy naphtha,
deisohexanizer overheads
------------------------------------------------------------------------
68411-00-7 Alkenes, C>8
------------------------------------------------------------------------
68425-29-6 Distillates (petroleum),
naphtha-raffinate pyrolyzate-
derived, gasoline-blending
------------------------------------------------------------------------
68425-33-2 Petrolatum (petroleum),
oxidized, barium salt
------------------------------------------------------------------------
68425-34-3 Petrolatum (petroleum),
oxidized, calcium salt
------------------------------------------------------------------------
68425-35-4 Raffinates (petroleum),
reformer, Lurgi unit-sepd.
------------------------------------------------------------------------
68425-39-8 Alkenes, C>10 .alpha.-,
oxidized
------------------------------------------------------------------------
68441-09-8 Hydrocarbon waxes
(petroleum), clay-treated
microcryst., contg.
polyethylene, oxidized
------------------------------------------------------------------------
68459-78-9 Alkenes, C18-24 .alpha.-,
dimers
------------------------------------------------------------------------
68475-57-0 Alkanes, C1-2
------------------------------------------------------------------------
68475-58-1 Alkanes, C2-3
------------------------------------------------------------------------
68475-59-2 Alkanes, C3-4
------------------------------------------------------------------------
68475-60-5 Alkanes, C4-5
------------------------------------------------------------------------
68475-61-6 Alkenes, C5, naphtha-
raffinate pyrolyzate-derived
------------------------------------------------------------------------
[[Page 49692]]
68475-70-7 Aromatic hydrocarbons, C6-8,
naphtha-raffinate pyrolyzate-
derived
------------------------------------------------------------------------
68475-79-6 Distillates (petroleum),
catalytic reformed
depentanizer
------------------------------------------------------------------------
68475-80-9 Distillates (petroleum),
light steam-cracked naphtha
------------------------------------------------------------------------
68476-26-6 Fuel gases
------------------------------------------------------------------------
68476-27-7 Fuel gases, amine system
residues
------------------------------------------------------------------------
68476-28-8 Fuel gases, C6-8 catalytic
reformer
------------------------------------------------------------------------
68476-29-9 Fuel gases, crude oil
distillates
------------------------------------------------------------------------
68476-30-2 Fuel oil, no. 2
------------------------------------------------------------------------
68476-31-3 Fuel oil, no. 4
------------------------------------------------------------------------
68476-32-4 Fuel oil, residues-straight-
run gas oils, high-sulfur
------------------------------------------------------------------------
68476-33-5 Fuel oil, residual
------------------------------------------------------------------------
68476-34-6 Fuels, diesel, no. 2
------------------------------------------------------------------------
68476-39-1 Hydrocarbons, aliph.-arom.-C4-
5-olefinic
------------------------------------------------------------------------
68476-40-4 Hydrocarbons, C3-4
------------------------------------------------------------------------
68476-42-6 Hydrocarbons, C4-5
------------------------------------------------------------------------
68476-43-7 Hydrocarbons, C4-6, C5-rich
------------------------------------------------------------------------
68476-44-8 Hydrocarbons, C>3
------------------------------------------------------------------------
68476-45-9 Hydrocarbons, C5-10 arom.
conc., ethylene-manuf.-by-
product
------------------------------------------------------------------------
68476-46-0 Hydrocarbons, C3-11,
catalytic cracker
distillates
------------------------------------------------------------------------
68476-47-1 Hydrocarbons, C2-6, C6-8
catalytic reformer
------------------------------------------------------------------------
68476-49-3 Hydrocarbons, C2-4, C3-rich
------------------------------------------------------------------------
68476-50-6 Hydrocarbons, C>=5, C5-6-rich
------------------------------------------------------------------------
68476-52-8 Hydrocarbons, C4, ethylene-
manuf.-by-product
------------------------------------------------------------------------
68476-53-9 Hydrocarbons, C>=20,
petroleum wastes
------------------------------------------------------------------------
68476-54-0 Hydrocarbons, C3-5, polymn.
unit feed
------------------------------------------------------------------------
68476-55-1 Hydrocarbons, C5-rich
------------------------------------------------------------------------
68476-56-2 Hydrocarbons, cyclic C5 and
C6
------------------------------------------------------------------------
68476-77-7 Lubricating oils, refined
used
------------------------------------------------------------------------
68476-81-3 Paraffin waxes and
Hydrocarbon waxes, oxidized,
calcium salts
------------------------------------------------------------------------
68476-84-6 Petroleum products, gases,
inorg.
------------------------------------------------------------------------
68476-85-7 Petroleum gases, liquefied
------------------------------------------------------------------------
68476-86-8 Petroleum gases, liquefied,
sweetened
------------------------------------------------------------------------
68477-25-8 Waste gases, vent gas, C1-6
------------------------------------------------------------------------
68477-26-9 Wastes, petroleum
------------------------------------------------------------------------
68477-29-2 Distillates (petroleum),
catalytic reformer
fractionator residue, high-
boiling
------------------------------------------------------------------------
68477-30-5 Distillates (petroleum),
catalytic reformer
fractionator residue,
intermediate-boiling
------------------------------------------------------------------------
68477-31-6 Distillates (petroleum),
catalytic reformer
fractionator residue, low-
boiling
------------------------------------------------------------------------
68477-33-8 Gases (petroleum), C3-4,
isobutane-rich
------------------------------------------------------------------------
68477-34-9 Distillates (petroleum), C3-
5, 2-methyl-2-butene-rich
------------------------------------------------------------------------
68477-35-0 Distillates (petroleum), C3-
6, piperylene-rich
------------------------------------------------------------------------
68477-36-1 Distillates (petroleum),
cracked steam-cracked, C5-18
fraction
------------------------------------------------------------------------
68477-38-3 Distillates (petroleum),
cracked steam-cracked
petroleum distillates
------------------------------------------------------------------------
68477-39-4 Distillates (petroleum),
cracked stripped steam-
cracked petroleum
distillates, C8-10 fraction
------------------------------------------------------------------------
68477-40-7 Distillates (petroleum),
cracked stripped steam-
cracked petroleum
distillates, C10-12 fraction
------------------------------------------------------------------------
68477-41-8 Gases (petroleum),
extractive, C3-5, butadiene-
butene-rich
------------------------------------------------------------------------
68477-42-9 Gases (petroleum),
extractive, C3-5, butene-
isobutylene-rich
------------------------------------------------------------------------
68477-44-1 Distillates (petroleum),
heavy naphthenic, mixed with
steam-cracked petroleum
distillates C5-12 fraction
------------------------------------------------------------------------
68477-47-4 Distillates (petroleum),
mixed heavy olefin vacuum,
heart-cut
------------------------------------------------------------------------
68477-48-5 Distillates (petroleum),
mixed heavy olefin vacuum,
low-boiling
------------------------------------------------------------------------
68477-53-2 Distillates (petroleum),
steam-cracked, C5-12
fraction
------------------------------------------------------------------------
68477-54-3 Distillates (petroleum),
steam-cracked, C8-12
fraction
------------------------------------------------------------------------
68477-55-4 Distillates (petroleum),
steam-cracked, C5-10
fraction, mixed with light
steam-cracked petroleum
naphtha C5 fraction
------------------------------------------------------------------------
68477-58-7 Distillates (petroleum),
steam-cracked petroleum
distillates, C5-18 fraction
------------------------------------------------------------------------
68477-59-8 Distillates (petroleum),
steam-cracked petroleum
distillates cyclopentadiene
conc.
------------------------------------------------------------------------
68477-60-1 Extracts (petroleum), cold-
acid
------------------------------------------------------------------------
68477-61-2 Extracts (petroleum), cold-
acid, C4-6
------------------------------------------------------------------------
68477-62-3 Extracts (petroleum), cold-
acid, C3-5, butene-rich
------------------------------------------------------------------------
68477-63-4 Extracts (petroleum),
reformer recycle
------------------------------------------------------------------------
[[Page 49693]]
68477-64-5 Gases (petroleum), acetylene
manuf. off
------------------------------------------------------------------------
68477-65-6 Gases (petroleum), amine
system feed
------------------------------------------------------------------------
68477-66-7 Gases (petroleum), benzene
unit hydrodesulfurizer off
------------------------------------------------------------------------
68477-67-8 Gases (petroleum), benzene
unit recycle, hydrogen-rich
------------------------------------------------------------------------
68477-68-9 Gases (petroleum), blend oil,
hydrogen-nitrogen-rich
------------------------------------------------------------------------
68477-69-0 Gases (petroleum), butane
splitter overheads
------------------------------------------------------------------------
68477-70-3 Gases (petroleum), C2-3
------------------------------------------------------------------------
68477-71-4 Gases (petroleum), catalytic-
cracked gas oil depropanizer
bottoms, C4-rich acid-free
------------------------------------------------------------------------
68477-72-5 Gases (petroleum), catalytic-
cracked naphtha debutanizer
bottoms, C3-5-rich
------------------------------------------------------------------------
68477-73-6 Gases (petroleum), catalytic
cracked naphtha depropanizer
overhead, C3-rich acid-free
------------------------------------------------------------------------
68477-74-7 Gases (petroleum), catalytic
cracker
------------------------------------------------------------------------
68477-75-8 Gases (petroleum), catalytic
cracker, C1-5-rich
------------------------------------------------------------------------
68477-76-9 Gases (petroleum), catalytic
polymd. naphtha stabilizer
overhead, C2-4-rich
------------------------------------------------------------------------
68477-77-0 Gases (petroleum), catalytic
reformed naphtha stripper
overheads
------------------------------------------------------------------------
68477-79-2 Gases (petroleum), catalytic
reformer, C1-4-rich
------------------------------------------------------------------------
68477-80-5 Gases (petroleum), C6-8
catalytic reformer recycle
------------------------------------------------------------------------
68477-81-6 Gases (petroleum), C6-8
catalytic reformer
------------------------------------------------------------------------
68477-82-7 Gases (petroleum), C6-8
catalytic reformer recycle,
hydrogen-rich
------------------------------------------------------------------------
68477-83-8 Gases (petroleum), C3-5
olefinic-paraffinic
alkylation feed
------------------------------------------------------------------------
68477-84-9 Gases (petroleum), C2-return
stream
------------------------------------------------------------------------
68477-85-0 Gases (petroleum), C4-rich
------------------------------------------------------------------------
68477-86-1 Gases (petroleum),
deethanizer overheads
------------------------------------------------------------------------
68477-87-2 Gases (petroleum),
deisobutanizer tower
overheads
------------------------------------------------------------------------
68477-88-3 Gases (petroleum),
deethanizer overheads, C3-
rich
------------------------------------------------------------------------
68477-89-4 Distillates (petroleum),
depentanizer overheads
------------------------------------------------------------------------
68477-90-7 Gases (petroleum),
depropanizer dry, propene-
rich
------------------------------------------------------------------------
68477-91-8 Gases (petroleum),
depropanizer overheads
------------------------------------------------------------------------
68477-92-9 Gases (petroleum), dry sour,
gas-concn.-unit-off
------------------------------------------------------------------------
68477-93-0 Gases (petroleum), gas concn.
reabsorber distn.
------------------------------------------------------------------------
68477-94-1 Gases (petroleum), gas
recovery plant depropanizer
overheads
------------------------------------------------------------------------
68477-95-2 Gases (petroleum), Girbatol
unit feed
------------------------------------------------------------------------
68477-96-3 Gases (petroleum), hydrogen
absorber off
------------------------------------------------------------------------
68477-97-4 Gases (petroleum), hydrogen-
rich
------------------------------------------------------------------------
68477-98-5 Gases (petroleum),
hydrotreater blend oil
recycle, hydrogen-nitrogen
rich
------------------------------------------------------------------------
68477-99-6 Gases (petroleum), isomerized
naphtha fractionater, C4-
rich, hydrogen sulfide- free
------------------------------------------------------------------------
68478-00-2 Gases (petroleum), recycle,
hydrogen-rich
------------------------------------------------------------------------
68478-01-3 Gases (petroleum), reformer
make-up, hydrogen-rich
------------------------------------------------------------------------
68478-02-4 Gases (petroleum), reforming
hydrotreater
------------------------------------------------------------------------
68478-03-5 Gases (petroleum), reforming
hydrotreater, hydrogen-
methane-rich
------------------------------------------------------------------------
68478-04-6 Gases (petroleum), reforming
hydrotreater make-up,
hydrogen-rich
------------------------------------------------------------------------
68478-05-7 Gases (petroleum), thermal
cracking distn.
------------------------------------------------------------------------
68478-08-0 Naphtha (petroleum), light
steam-cracked, C5-fraction,
oligomer conc.
------------------------------------------------------------------------
68478-10-4 Naphtha (petroleum), light
steam-cracked, debenzenized,
C8-16-cycloalkadiene conc.
------------------------------------------------------------------------
68478-12-6 Residues (petroleum), butane
splitter bottoms
------------------------------------------------------------------------
68478-13-7 Residues (petroleum),
catalytic reformer
fractionator residue distn.
------------------------------------------------------------------------
68478-15-9 Residues (petroleum), C6-8
catalytic reformer
------------------------------------------------------------------------
68478-16-0 Residual oils (petroleum),
deisobutanizer tower
------------------------------------------------------------------------
68478-17-1 Residues (petroleum), heavy
coker gas oil and vacuum gas
oil
------------------------------------------------------------------------
68478-18-2 Residues (petroleum), heavy
olefin vacuum
------------------------------------------------------------------------
68478-19-3 Residual oils (petroleum),
propene purifn. splitter
------------------------------------------------------------------------
68478-20-6 Residues (petroleum), steam-
cracked petroleum
distillates cyclopentadiene
conc., C4-cyclopentadiene-
free
------------------------------------------------------------------------
68478-22-8 Tail gas (petroleum),
catalytic cracked naphtha
stabilization absorber
------------------------------------------------------------------------
[[Page 49694]]
68478-24-0 Tail gas (petroleum),
catalytic cracker, catalytic
reformer and
hydrodesulfurizer combined
fractionater
------------------------------------------------------------------------
68478-25-1 Tail gas (petroleum),
catalytic cracker
refractionation absorber
------------------------------------------------------------------------
68478-26-2 Tail gas (petroleum),
catalytic reformed naphtha
fractionation stabilizer
------------------------------------------------------------------------
68478-27-3 Tail gas (petroleum),
catalytic reformed naphtha
separator
------------------------------------------------------------------------
68478-28-4 Tail gas (petroleum),
catalytic reformed naphtha
stabilizer
------------------------------------------------------------------------
68478-29-5 Tail gas (petroleum), cracked
distillate hydrotreater
separator
------------------------------------------------------------------------
68478-30-8 Tail gas (petroleum),
hydrodesulfurized straight-
run naphtha separator
------------------------------------------------------------------------
68478-31-9 Tail gas (petroleum),
isomerized naphtha
fractionates, hydrogen
sulfide-free
------------------------------------------------------------------------
68478-32-0 Tail gas (petroleum),
saturate gas plant mixed
stream, C4-rich
------------------------------------------------------------------------
68478-33-1 Tail gas (petroleum),
saturate gas recovery plant,
C1-2-rich
------------------------------------------------------------------------
68478-34-2 Tail gas (petroleum), vacuum
residues thermal cracker
------------------------------------------------------------------------
68512-61-8 Residues (petroleum), heavy
coker and light vacuum
------------------------------------------------------------------------
68512-62-9 Residues (petroleum), light
vacuum
------------------------------------------------------------------------
68512-78-7 Solvent naphtha (petroleum),
light arom., hydrotreated
------------------------------------------------------------------------
68512-91-4 Hydrocarbons, C3-4-rich,
petroleum distillates
------------------------------------------------------------------------
68513-02-0 Naphtha (petroleum), full-
range coker
------------------------------------------------------------------------
68513-03-1 Naphtha (petroleum), light
catalytic reformed, arom.-
free
------------------------------------------------------------------------
68513-11-1 Fuel gases, hydrotreater
fractionation, scrubbed
------------------------------------------------------------------------
68513-12-2 Fuel gases, saturate gas unit
fractionater-absorber
overheads
------------------------------------------------------------------------
68513-13-3 Fuel gases, thermal cracked
catalytic cracking residue
------------------------------------------------------------------------
68513-14-4 Gases (petroleum), catalytic
reformed straight-run
naphtha stabilizer overheads
------------------------------------------------------------------------
68513-15-5 Gases (petroleum), full-range
straight-run naphtha
dehexanizer off
------------------------------------------------------------------------
68513-16-6 Gases (petroleum),
hydrocracking depropanizer
off, hydrocarbon-rich
------------------------------------------------------------------------
68513-17-7 Gases (petroleum), light
straight-run naphtha
stabilizer off
------------------------------------------------------------------------
68513-18-8 Gases (petroleum), reformer
effluent high-pressure flash
drum off
------------------------------------------------------------------------
68513-19-9 Gases (petroleum), reformer
effluent low-pressure flash
drum off
------------------------------------------------------------------------
68513-62-2 Disulfides, C5-12-alkyl
------------------------------------------------------------------------
68513-63-3 Distillates (petroleum),
catalytic reformed straight-
run naphtha overheads
------------------------------------------------------------------------
68513-65-5 Butane, branched and linear
------------------------------------------------------------------------
68513-66-6 Residues (petroleum),
alkylation splitter, C4-rich
------------------------------------------------------------------------
68513-67-7 Residues (petroleum),
cyclooctadiene bottoms
------------------------------------------------------------------------
68513-68-8 Residues (petroleum),
deethanizer tower
------------------------------------------------------------------------
68513-69-9 Residues (petroleum), steam-
cracked light
------------------------------------------------------------------------
68513-74-6 Waste gases, ethylene oxide
absorber-reactor
------------------------------------------------------------------------
68514-15-8 Gasoline, vapor-recovery
------------------------------------------------------------------------
68514-29-4 Hydrocarbons, amylene feed
debutanizer overheads non-
extractable raffinates
------------------------------------------------------------------------
68514-31-8 Hydrocarbons, C1-4
------------------------------------------------------------------------
68514-32-9 Hydrocarbons, C10 and C12,
olefin-rich
------------------------------------------------------------------------
68514-33-0 Hydrocarbons, C12 and C14,
olefin-rich
------------------------------------------------------------------------
68514-34-1 Hydrocarbons, C9-14, ethylene-
manuf.-by-product
------------------------------------------------------------------------
68514-35-2 Hydrocarbons, C14-30, olefin-
rich
------------------------------------------------------------------------
68514-36-3 Hydrocarbons, C1-4, sweetened
------------------------------------------------------------------------
68514-37-4 Hydrocarbons, C4-5-unsatd.
------------------------------------------------------------------------
68514-38-5 Hydrocarbons, C4-10-unsatd.
------------------------------------------------------------------------
68514-39-6 Naphtha (petroleum), light
steam-cracked, isoprene-rich
------------------------------------------------------------------------
68514-79-4 Petroleum products,
hydrofiner-powerformer
reformates
------------------------------------------------------------------------
68515-25-3 Benzene, C1-9-alkyl derivs.
------------------------------------------------------------------------
68515-26-4 Benzene, di-C12-14-alkyl
derivs.
------------------------------------------------------------------------
68515-27-5 Benzene, di-C10-14-alkyl
derivs., fractionation
overheads, heavy ends
------------------------------------------------------------------------
68515-28-6 Benzene, di-C10-14-alkyl
derivs., fractionation
overheads, light ends
------------------------------------------------------------------------
68515-29-7 Benzene, di-C10-14-alkyl
derivs., fractionation
overheads, middle cut
------------------------------------------------------------------------
68515-30-0 Benzene, mono-C20-48-alkyl
derivs.
------------------------------------------------------------------------
68515-32-2 Benzene, mono-C12-14-alkyl
derivs., fractionation
bottoms
------------------------------------------------------------------------
68515-33-3 Benzene, mono-C10-12-alkyl
derivs., fractionation
bottoms, heavy ends
------------------------------------------------------------------------
68515-34-4 Benzene, mono-C12-14-alkyl
derivs., fractionation
bottoms, heavy ends
------------------------------------------------------------------------
[[Page 49695]]
68515-35-5 Benzene, mono-C10-12-alkyl
derivs., fractionation
bottoms, light ends
------------------------------------------------------------------------
68515-36-6 Benzene, mono-C12-14-alkyl
derivs., fractionation
bottoms, light ends
------------------------------------------------------------------------
68516-20-1 Naphtha (petroleum), steam-
cracked middle arom.
------------------------------------------------------------------------
68526-52-3 Alkenes, C6
------------------------------------------------------------------------
68526-53-4 Alkenes, C6-8, C7-rich
------------------------------------------------------------------------
68526-54-5 Alkenes, C7-9, C8-rich
------------------------------------------------------------------------
68526-55-6 Alkenes, C8-10, C9-rich
------------------------------------------------------------------------
68526-56-7 Alkenes, C9-11, C10-rich
------------------------------------------------------------------------
68526-57-8 Alkenes, C10-12, C11-rich
------------------------------------------------------------------------
68526-58-9 Alkenes, C11-13, C12-rich
------------------------------------------------------------------------
68526-77-2 Aromatic hydrocarbons, ethane
cracking scrubber effluent
and flare drum
------------------------------------------------------------------------
68526-99-8 Alkenes, C6-9 .alpha.-
------------------------------------------------------------------------
68527-00-4 Alkenes, C8-9 .alpha.-
------------------------------------------------------------------------
68527-11-7 Alkenes, C5
------------------------------------------------------------------------
68527-13-9 Gases (petroleum), acid,
ethanolamine scrubber
------------------------------------------------------------------------
68527-14-0 Gases (petroleum), methane-
rich off
------------------------------------------------------------------------
68527-15-1 Gases (petroleum), oil
refinery gas distn. off
------------------------------------------------------------------------
68527-16-2 Hydrocarbons, C1-3
------------------------------------------------------------------------
68527-18-4 Gas oils (petroleum), steam-
cracked
------------------------------------------------------------------------
68527-19-5 Hydrocarbons, C1-4,
debutanizer fraction
------------------------------------------------------------------------
68527-21-9 Naphtha (petroleum), clay-
treated full-range straight-
run
------------------------------------------------------------------------
68527-22-0 Naphtha (petroleum), clay-
treated light straight-run
------------------------------------------------------------------------
68527-23-1 Naphtha (petroleum), light
steam-cracked arom.
------------------------------------------------------------------------
68527-26-4 Naphtha (petroleum), light
steam-cracked, debenzenized
------------------------------------------------------------------------
68527-27-5 Naphtha (petroleum), full-
range alkylate, butane-
contg.
------------------------------------------------------------------------
68553-00-4 Fuel oil, no. 6
------------------------------------------------------------------------
68553-14-0 Hydrocarbons, C8-11
------------------------------------------------------------------------
68602-79-9 Distillates (petroleum),
benzene unit hydrotreater
dipentanizer overheads
------------------------------------------------------------------------
68602-81-3 Distillates, hydrocarbon
resin prodn. higher boiling
------------------------------------------------------------------------
68602-82-4 Gases (petroleum), benzene
unit hydrotreater
depentenizer overheads
------------------------------------------------------------------------
68602-83-5 Gases (petroleum), C1-5, wet
------------------------------------------------------------------------
68602-84-6 Gases (petroleum), secondary
absorber off, fluidized
catalytic cracker overheads
fractionater
------------------------------------------------------------------------
68602-96-0 Distillates (petroleum),
oxidized light, strong acid
components, compds. with
diethanolamine
------------------------------------------------------------------------
68602-97-1 Distillates (petroleum),
oxidized light, strong acid
components, sodium salts
------------------------------------------------------------------------
68602-98-2 Distillates (petroleum),
oxidized light, strong acid
components
------------------------------------------------------------------------
68602-99-3 Distillates (petroleum),
oxidized light, strong acid-
free
------------------------------------------------------------------------
68603-00-9 Distillates (petroleum),
thermal cracked naphtha and
gas oil
------------------------------------------------------------------------
68603-01-0 Distillates (petroleum),
thermal cracked naphtha and
gas oil, C5-dimer-contg.
------------------------------------------------------------------------
68603-02-1 Distillates (petroleum),
thermal cracked naphtha and
gas oil, dimerized
------------------------------------------------------------------------
68603-03-2 Distillates (petroleum),
thermal cracked naphtha and
gas oil, extractive
------------------------------------------------------------------------
68603-08-7 Naphtha (petroleum), arom.-
contg.
------------------------------------------------------------------------
68603-09-8 Hydrocarbon waxes
(petroleum), oxidized,
calcium salts
------------------------------------------------------------------------
68603-10-1 Hydrocarbon waxes
(petroleum), oxidized, Me
esters, barium salts
------------------------------------------------------------------------
68603-11-2 Hydrocarbon waxes
(petroleum), oxidized, Me
esters, calcium salts
------------------------------------------------------------------------
68603-12-3 Hydrocarbon waxes
(petroleum), oxidized, Me
esters, sodium salts
------------------------------------------------------------------------
68603-13-4 Petrolatum (petroleum),
oxidized, ester with
sorbitol
------------------------------------------------------------------------
68603-14-5 Residual oils (petroleum),
oxidized, calcium salts
------------------------------------------------------------------------
68603-31-6 Alkenes, C10, tert-amylene
concentrator by-product
------------------------------------------------------------------------
68603-32-7 Alkenes, C15-20 .alpha.-,
isomerized
------------------------------------------------------------------------
68606-09-7 Fuel gases, expander off
------------------------------------------------------------------------
68606-10-0 Gasoline, pyrolysis,
debutanizer bottoms
------------------------------------------------------------------------
68606-11-1 Gasoline, straight-run,
topping-plant
------------------------------------------------------------------------
68606-24-6 Hydrocarbons, C4, butene
concentrator by-product
------------------------------------------------------------------------
68606-25-7 Hydrocarbons, C2-4
------------------------------------------------------------------------
68606-26-8 Hydrocarbons, C3
------------------------------------------------------------------------
68606-27-9 Gases (petroleum), alkylation
feed
------------------------------------------------------------------------
68606-28-0 Hydrocarbons, C5 and C10-
aliph. and C6-8-arom.
------------------------------------------------------------------------
68606-31-5 Hydrocarbons, C3-5, butadiene
purifn. by-product
------------------------------------------------------------------------
68606-34-8 Gases (petroleum),
depropanizer bottoms
fractionation off
------------------------------------------------------------------------
68606-36-0 Hydrocarbons, C5-unsatd.
rich, isoprene purifn. by-
product
------------------------------------------------------------------------
[[Page 49696]]
68607-11-4 Petroleum products, refinery
gases
------------------------------------------------------------------------
68607-30-7 Residues (petroleum), topping
plant, low-sulfur
------------------------------------------------------------------------
68608-56-0 Waste gases, from carbon
black manuf.
------------------------------------------------------------------------
68647-60-9 Hydrocarbons, C>4
------------------------------------------------------------------------
68647-61-0 Hydrocarbons, C4-5, tert-
amylene concentrator by-
product
------------------------------------------------------------------------
68647-62-1 Hydrocarbons, C4-5, butene
concentrator by-product,
sour
------------------------------------------------------------------------
68650-36-2 Aromatic hydrocarbons, C8, o
xylene-lean
------------------------------------------------------------------------
68650-37-3 Paraffin waxes (petroleum),
oxidized, sodium salts
------------------------------------------------------------------------
68782-97-8 Distillates (petroleum),
hydrofined lubricating-oil
------------------------------------------------------------------------
68782-98-9 Extracts (petroleum),
clarified oil solvent,
condensed-ring-arom.-contg.
------------------------------------------------------------------------
68782-99-0 Extracts (petroleum), heavy
clarified oil solvent,
condensed-ring-arom.-contg.
------------------------------------------------------------------------
68783-00-6 Extracts (petroleum), heavy
naphthenic distillate
solvent, arom. conc.
------------------------------------------------------------------------
68783-01-7 Extracts (petroleum), heavy
naphthenic distillate
solvent, paraffinic conc.
------------------------------------------------------------------------
68783-02-8 Extracts (petroleum),
intermediate clarified oil
solvent, condensed-ring-
arom.-contg.
------------------------------------------------------------------------
68783-04-0 Extracts (petroleum), solvent-
refined heavy paraffinic
distillate solvent
------------------------------------------------------------------------
68783-05-1 Gases (petroleum), ammonia-
hydrogen sulfide, water-
satd.
------------------------------------------------------------------------
68783-06-2 Gases (petroleum),
hydrocracking low-pressure
separator
------------------------------------------------------------------------
68783-07-3 Gases (petroleum), refinery
blend
------------------------------------------------------------------------
68783-08-4 Gas oils (petroleum), heavy
atmospheric
------------------------------------------------------------------------
68783-09-5 Naphtha (petroleum),
catalytic cracked light
distd.
------------------------------------------------------------------------
68783-12-0 Naphtha (petroleum),
unsweetened
------------------------------------------------------------------------
68783-13-1 Residues (petroleum), coker
scrubber, condensed-ring-
arom.-contg.
------------------------------------------------------------------------
68783-15-3 Alkenes, C6-7 .alpha.-
------------------------------------------------------------------------
68783-61-9 Fuel gases, refinery,
sweetened
------------------------------------------------------------------------
68783-62-0 Fuel gases, refinery,
unsweetened
------------------------------------------------------------------------
68783-64-2 Gases (petroleum), catalytic
cracking
------------------------------------------------------------------------
68783-65-3 Gases (petroleum), C2-4,
sweetened
------------------------------------------------------------------------
68783-66-4 Naphtha (petroleum), light,
sweetened
------------------------------------------------------------------------
68814-47-1 Waste gases, refinery vent
------------------------------------------------------------------------
68814-67-5 Gases (petroleum), refinery
------------------------------------------------------------------------
68814-87-9 Distillates (petroleum), full-
range straight-run middle
------------------------------------------------------------------------
68814-89-1 Extracts (petroleum), heavy
paraffinic distillates,
solvent-deasphalted
------------------------------------------------------------------------
68814-90-4 Gases (petroleum), platformer
products separator off
------------------------------------------------------------------------
68814-91-5 Alkenes, C5-9 .alpha.-
------------------------------------------------------------------------
68855-57-2 Alkenes, C6-12 .alpha.-
------------------------------------------------------------------------
68855-58-3 Alkenes, C10-16 .alpha.-
------------------------------------------------------------------------
68855-59-4 Alkenes, C14-18 .alpha.-
------------------------------------------------------------------------
68855-60-7 Alkenes, C14-20 .alpha.-
------------------------------------------------------------------------
68911-58-0 Gases (petroleum),
hydrotreated sour kerosine
depentanizer stabilizer off
------------------------------------------------------------------------
68911-59-1 Gases (petroleum),
hydrotreated sour kerosine
flash drum
------------------------------------------------------------------------
68915-96-8 Distillates (petroleum),
heavy straight-run
------------------------------------------------------------------------
68915-97-9 Gas oils (petroleum),
straight-run, high-boiling
------------------------------------------------------------------------
68918-69-4 Petrolatum (petroleum),
oxidized, zinc salt
------------------------------------------------------------------------
68918-73-0 Residues (petroleum), clay-
treating filter wash
------------------------------------------------------------------------
68918-93-4 Paraffin waxes and
Hydrocarbon waxes, oxidized,
alkali metal salts
------------------------------------------------------------------------
68918-98-9 Fuel gases, refinery,
hydrogen sulfide-free
------------------------------------------------------------------------
68918-99-0 Gases (petroleum), crude oil
fractionation off
------------------------------------------------------------------------
68919-00-6 Gases (petroleum),
dehexanizer off
------------------------------------------------------------------------
68919-01-7 Gases (petroleum), distillate
unifiner desulfurization
stripper off
------------------------------------------------------------------------
68919-02-8 Gases (petroleum), fluidized
catalytic cracker
fractionation off
------------------------------------------------------------------------
68919-03-9 Gases (petroleum), fluidized
catalytic cracker scrubbing
secondary absorber off
------------------------------------------------------------------------
68919-04-0 Gases (petroleum), heavy
distillate hydrotreater
desulfurization stripper off
------------------------------------------------------------------------
68919-05-1 Gases (petroleum), light
straight run gasoline
fractionation stabilizer off
------------------------------------------------------------------------
68919-06-2 Gases (petroleum), naphtha
unifiner desulfurization
stripper off
------------------------------------------------------------------------
68919-07-3 Gases (petroleum), platformer
stabilizer off, light ends
fractionation
------------------------------------------------------------------------
68919-08-4 Gases (petroleum), preflash
tower off, crude distn.
------------------------------------------------------------------------
[[Page 49697]]
68919-09-5 Gases (petroleum), straight-
run naphtha catalytic
reforming off
------------------------------------------------------------------------
68919-10-8 Gases (petroleum), straight-
run stabilizer off
------------------------------------------------------------------------
68919-11-9 Gases (petroleum), tar
stripper off
------------------------------------------------------------------------
68919-12-0 Gases (petroleum), unifiner
stripper off
------------------------------------------------------------------------
68919-15-3 Hydrocarbons, C6-12, benzene-
recovery
------------------------------------------------------------------------
68919-16-4 Hydrocarbons, catalytic
alkylation, by-products, C3-
6
------------------------------------------------------------------------
68919-17-5 Hydrocarbons, C12-20,
catalytic alkylation by-
products
------------------------------------------------------------------------
68919-19-7 Gases (petroleum), fluidized
catalytic cracker splitter
residues
------------------------------------------------------------------------
68919-20-0 Gases (petroleum), fluidized
catalytic cracker splitter
overheads
------------------------------------------------------------------------
68919-37-9 Naphtha (petroleum), full-
range reformed
------------------------------------------------------------------------
68920-06-9 Hydrocarbons, C7-9
------------------------------------------------------------------------
68920-07-0 Hydrocarbons, C<10-linear
------------------------------------------------------------------------
68920-64-9 Disulfides, di-C1-2-alkyl
------------------------------------------------------------------------
68921-07-3 Distillates (petroleum),
hydrotreated light catalytic
cracked
------------------------------------------------------------------------
68921-08-4 Distillates (petroleum),
light straight-run gasoline
fractionation stabilizer
overheads
------------------------------------------------------------------------
68921-09-5 Distillates (petroleum),
naphtha unifiner stripper
------------------------------------------------------------------------
68921-67-5 Hydrocarbons, ethylene-manuf.-
by-product distn. residues
------------------------------------------------------------------------
68952-76-1 Gases (petroleum), catalytic
cracked naphtha debutanizer
------------------------------------------------------------------------
68952-77-2 Tail gas (petroleum),
catalytic cracked distillate
and naphtha stabilizer
------------------------------------------------------------------------
68952-78-3 Tail gas (petroleum),
catalytic hydrodesulfurized
distillate fractionation
stabilizer, hydrogen sulfide-
free
------------------------------------------------------------------------
68952-79-4 Tail gas (petroleum),
catalytic hydrodesulfurized
naphtha separator
------------------------------------------------------------------------
68952-80-7 Tail gas (petroleum),
straight-run naphtha
hydrodesulfurizer
------------------------------------------------------------------------
68952-81-8 Tail gas (petroleum), thermal-
cracked distillate, gas oil
and naphtha absorber
------------------------------------------------------------------------
68952-82-9 Tail gas (petroleum), thermal
cracked hydrocarbon
fractionation stabilizer,
petroleum coking
------------------------------------------------------------------------
68953-80-0 Benzene, mixed with toluene,
dealkylation product
------------------------------------------------------------------------
68955-27-1 Distillates (petroleum),
petroleum residues vacuum
------------------------------------------------------------------------
68955-28-2 Gases (petroleum), light
steam-cracked, butadiene
conc.
------------------------------------------------------------------------
68955-31-7 Gases (petroleum), butadiene
process, inorg.
------------------------------------------------------------------------
68955-32-8 Natural gas, substitute,
steam-reformed desulfurized
naphtha
------------------------------------------------------------------------
68955-33-9 Gases (petroleum), sponge
absorber off, fluidized
catalytic cracker and gas
oil desulfurizer overhead
fractionation
------------------------------------------------------------------------
68955-34-0 Gases (petroleum), straight-
run naphtha catalytic
reformer stabilizer overhead
------------------------------------------------------------------------
68955-35-1 Naphtha (petroleum),
catalytic reformed
------------------------------------------------------------------------
68955-36-2 Residues (petroleum), steam-
cracked, resinous
------------------------------------------------------------------------
68955-76-0 Aromatic hydrocarbons, C9-16,
biphenyl deriv.-rich
------------------------------------------------------------------------
68955-96-4 Disulfides, dialkyl and di-
Ph, naphtha sweetening
------------------------------------------------------------------------
68956-47-8 Fuel oil, isoprene reject
absorption
------------------------------------------------------------------------
68956-48-9 Fuel oil, residual,
wastewater skimmings
------------------------------------------------------------------------
68956-52-5 Hydrocarbons, C4-8
------------------------------------------------------------------------
68956-54-7 Hydrocarbons, C4-unsatd.
------------------------------------------------------------------------
68956-55-8 Hydrocarbons, C5-unsatd.
------------------------------------------------------------------------
68956-70-7 Petroleum products, C5-12,
reclaimed, wastewater
treatment
------------------------------------------------------------------------
68988-79-4 Benzene, C10-12-alkyl
derivs., distn. residues
------------------------------------------------------------------------
68988-99-8 Phenols, sodium salts, mixed
with sulfur compounds,
gasoline alk. scrubber
residues
------------------------------------------------------------------------
68989-88-8 Gases (petroleum), crude
distn. and catalytic
cracking
------------------------------------------------------------------------
68990-35-2 Distillates (petroleum),
arom., hydrotreated,
dicyclopentadiene-rich
------------------------------------------------------------------------
68991-49-1 Alkanes, C10-13, arom.-free
desulfurized
------------------------------------------------------------------------
68991-50-4 Alkanes, C14-17, arom.-free
desulfurized
------------------------------------------------------------------------
68991-51-5 Alkanes, C10-13, desulfurized
------------------------------------------------------------------------
68991-52-6 Alkenes, C10-16
------------------------------------------------------------------------
69013-21-4 Fuel oil, pyrolysis
------------------------------------------------------------------------
69029-75-0 Oils, reclaimed
------------------------------------------------------------------------
69430-33-7 Hydrocarbons, C6-30
------------------------------------------------------------------------
70024-88-3 Ethene, thermal cracking
products
------------------------------------------------------------------------
70528-71-1 Distillates (petroleum),
heavy distillate solvent
ext. heart-cut
------------------------------------------------------------------------
70528-72-2 Distillates (petroleum),
heavy distillate solvent
ext. vacuum overheads
------------------------------------------------------------------------
70528-73-3 Residues (petroleum), heavy
distillate solvent ext.
vacuum
------------------------------------------------------------------------
[[Page 49698]]
70592-76-6 Distillates (petroleum),
intermediate vacuum
------------------------------------------------------------------------
70592-77-7 Distillates (petroleum),
light vacuum
------------------------------------------------------------------------
70592-78-8 Distillates (petroleum),
vacuum
------------------------------------------------------------------------
70592-79-9 Residues (petroleum), atm.
tower, light
------------------------------------------------------------------------
70693-00-4 Hydrocarbon waxes
(petroleum), oxidized,
sodium salts
------------------------------------------------------------------------
70693-06-0 Aromatic hydrocarbons, C9-11
------------------------------------------------------------------------
70913-85-8 Residues (petroleum), solvent-
extd. vacuum distilled atm.
residuum
------------------------------------------------------------------------
70913-86-9 Alkanes, C18-70
------------------------------------------------------------------------
70955-08-7 Alkanes, C4-6
------------------------------------------------------------------------
70955-09-8 Alkenes, C13-14 .alpha.-
------------------------------------------------------------------------
70955-10-1 Alkenes, C15-18 .alpha.-
------------------------------------------------------------------------
70955-17-8 Aromatic hydrocarbons, C12-20
------------------------------------------------------------------------
71243-66-8 Hydrocarbon waxes
(petroleum), clay-treated,
microcryst., oxidized,
potassium salts
------------------------------------------------------------------------
71302-82-4 Hydrocarbons, C5-8, Houdry
butadiene manuf. by-product
------------------------------------------------------------------------
71329-37-8 Residues (petroleum),
catalytic cracking
depropanizer, C4-rich
------------------------------------------------------------------------
71808-30-5 Tail gas (petroleum), thermal
cracking absorber
------------------------------------------------------------------------
72230-71-8 Distillates (petroleum),
cracked steam-cracked, C5-17
fraction
------------------------------------------------------------------------
72623-83-7 Lubricating oils (petroleum),
C>25, hydrotreated bright
stock-based
------------------------------------------------------------------------
72623-84-8 Lubricating oils (petroleum),
C15-30, hydrotreated neutral
oil-based, contg. solvent
deasphalted residual oil
------------------------------------------------------------------------
72623-85-9 Lubricating oils (petroleum),
C20-50, hydrotreated neutral
oil-based, high-viscosity
------------------------------------------------------------------------
72623-86-0 Lubricating oils (petroleum),
C15-30, hydrotreated neutral
oil-based
------------------------------------------------------------------------
72623-87-1 Lubricating oils (petroleum),
C20-50, hydrotreated neutral
oil-based
------------------------------------------------------------------------
73138-65-5 Hydrocarbon waxes
(petroleum), oxidized,
magnesium salts
------------------------------------------------------------------------
92045-43-7 Lubricating oils (petroleum),
hydrocracked non-arom.
solvent deparaffined
------------------------------------------------------------------------
92045-58-4 Naphtha (petroleum),
isomerization, C6-fraction
------------------------------------------------------------------------
92062-09-4 Slack wax (petroleum),
hydrotreated
------------------------------------------------------------------------
93762-80-2 Alkenes, C15-18
------------------------------------------------------------------------
98859-55-3 Distillates (petroleum),
oxidized heavy, compds. with
diethanolamine
------------------------------------------------------------------------
98859-56-4 Distillates (petroleum),
oxidized heavy, sodium salts
------------------------------------------------------------------------
101316-73-8 Lubricating oils (petroleum),
used, non-catalytically
refined
------------------------------------------------------------------------
164907-78-2 Extracts (petroleum),
asphaltene-low vacuum
residue solvent
------------------------------------------------------------------------
164907-79-3 Residues (petroleum), vacuum,
asphaltene-low
------------------------------------------------------------------------
178603-63-9 Gas oils (petroleum), vacuum,
hydrocracked,
hydroisomerized,
hydrogenated, C10-25
------------------------------------------------------------------------
178603-64-0 Gas oils (petroleum), vacuum,
hydrocracked,
hydroisomerized,
hydrogenated, C15-30,
branched and cyclic
------------------------------------------------------------------------
178603-65-1 Gas oils (petroleum), vacuum,
hydrocracked,
hydroisomerized,
hydrogenated, C20-40,
branched and cyclic
------------------------------------------------------------------------
178603-66-2 Gas oils (petroleum), vacuum,
hydrocracked,
hydroisomerized,
hydrogenated, C25-55,
branched and cyclic
------------------------------------------------------------------------
212210-93-0 Solvent naphtha (petroleum),
heavy arom., distn. residues
------------------------------------------------------------------------
221120-39-4 Distillates (petroleum),
cracked steam-cracked, C5-12
fraction
------------------------------------------------------------------------
445411-73-4 Gas oils (petroleum), vacuum,
hydrocracked,
hydroisomerized,
hydrogenated, C10-25,
branched and cyclic
------------------------------------------------------------------------
(2) Specific exempted chemical substances--(i) Exemption. EPA has
determined that, at this time, the information in Sec. 711.15(b)(4)
associated with the chemical substances listed in paragraph (b)(2)(iv)
of this section is of low current interest.
(ii) Considerations. In making its determination of whether this
partial exemption should apply to a particular chemical substance, EPA
will consider the totality of information available for the chemical
substance in question, including but not limited to, one or more of the
following considerations:
(A) Whether the chemical substance qualifies or has qualified in
past IUR collections for the reporting of the information described in
Sec. 711.15(b)(4) (i.e., at least one site manufactures 300,000 pounds
(lb.) or more of the chemical substance).
(B) The chemical substance's chemical and physical properties or
potential for persistence, bioaccumulation, health effects, or
environmental effects (considered independently or together).
(C) The information needs of EPA, other Federal agencies, tribes,
States, and local governments, as well as members of the public.
(D) The availability of other complementary risk screening
information.
[[Page 49699]]
(E) The availability of comparable processing and use information.
(F) Whether the potential risks of the chemical substance are
adequately managed.
(iii) Amendments. EPA may amend the chemical substance list in
paragraph (b)(2)(iv) of this section on its own initiative or in
response to a request from the public based on EPA's determination of
whether the information in Sec. 711.15(b)(4) is of low interest.
(A) Any person may request that EPA amend the chemical substance
list in Table 2 in paragraph (b)(2)(iv) of this section. Your request
must be in writing and must be submitted to the following address: OPPT
IUR Submission Coordinator (Mail Code 7407M), Attention: Inventory
Update Reporting, Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. Requests must identify the chemical
substance in question, as well as its CASRN or other chemical
identification number as identified in Sec. 711.15(b)(3)(i), and must
contain a written rationale for the request that provides sufficient
specific information, addressing the considerations listed in Sec.
711.6(b)(2)(ii), including cites and relevant documents, to demonstrate
to EPA that the collection of the information in Sec. 711.15(b)(4) for
the chemical substance in question either is or is not of low current
interest. If a request related to a particular chemical substance is
resubmitted, any subsequent request must clearly identify new
information contained in the request. EPA may request other information
that it believes necessary to evaluate the request. EPA will issue a
written response to each request within 120 days of receipt of the
request, and will maintain copies of these responses in a docket that
will be established for each reporting cycle.
(B) As needed, the Agency will initiate rulemaking to make
revisions to Table 2 in paragraph (b)(2)(iv) of this section.
(C) To assist EPA in reaching a decision regarding a particular
request prior to a given principal reporting year, requests must be
submitted to EPA no later than 12 months prior to the start of the next
principal reporting year.
(iv) List of chemical substances. EPA has designated the chemical
substances listed in Table 2 of this paragraph by CASRN, as partially
exempt from reporting under the IUR.
Table 2.--CASRN of Partially Exempt Chemical Substances
------------------------------------------------------------------------
CASRN Chemical
------------------------------------------------------------------------
50-70-4 D-Glucitol
------------------------------------------------------------------------
50-81-7 L-Ascorbic acid
------------------------------------------------------------------------
50-99-7 D-Glucose
------------------------------------------------------------------------
56-81-5 1,2,3-Propanetriol
------------------------------------------------------------------------
56-87-1 L-Lysine
------------------------------------------------------------------------
57-50-1 .alpha.-D-Glucopyranoside,
.beta.-D-fructofuranosyl
------------------------------------------------------------------------
58-95-7 2H-1-Benzopyran-6-ol, 3,4-
dihydro-2,5,7,8-tetramethyl-
2-[(4R,8R)-4,8,12-
trimethyltridecyl]-,
acetate, (2R)-
------------------------------------------------------------------------
59-02-9 2H-1-Benzopyran-6-ol, 3,4-
dihydro-2,5,7,8-tetramethyl-
2-[(4R,8R)-4,8,12-
trimethyltridecyl]-, (2R)-
------------------------------------------------------------------------
59-51-8 Methionine
------------------------------------------------------------------------
69-65-8 D-Mannitol
------------------------------------------------------------------------
87-79-6 L-Sorbose
------------------------------------------------------------------------
87-99-0 Xylitol
------------------------------------------------------------------------
96-10-6 Aluminum, chlorodiethyl-
------------------------------------------------------------------------
97-93-8 Aluminum, triethyl-
------------------------------------------------------------------------
100-99-2 Aluminum, tris(2-
methylpropyl)-
------------------------------------------------------------------------
123-94-4 Octadecanoic acid, 2,3-
dihydroxypropyl ester
------------------------------------------------------------------------
124-38-9 Carbon dioxide
------------------------------------------------------------------------
137-08-6 .beta.-Alanine, N-[(2R)-2,4-
dihydroxy-3,3-dimethyl-1-
oxobutyl]-, calcium alt
(2:1)
------------------------------------------------------------------------
142-47-2 L-Glutamic acid, monosodium
salt
------------------------------------------------------------------------
150-30-1 Phenylalanine
------------------------------------------------------------------------
563-43-9 Aluminum, dichloroethyl-
------------------------------------------------------------------------
1070-00-4 Aluminum, trioctyl-
------------------------------------------------------------------------
1116-70-7 Aluminum, tributyl-
------------------------------------------------------------------------
1116-73-0 Aluminum, trihexyl-
------------------------------------------------------------------------
1191-15-7 Aluminum, hydrobis(2-
methylpropyl)-
------------------------------------------------------------------------
1317-65-3 Limestone
------------------------------------------------------------------------
1333-74-0 Hydrogen
------------------------------------------------------------------------
1592-23-0 Octadecanoic acid, calcium
salt
------------------------------------------------------------------------
7440-37-1 Argon
------------------------------------------------------------------------
7440-44-0 Carbon
------------------------------------------------------------------------
7727-37-9 Nitrogen
------------------------------------------------------------------------
7782-42-5 Graphite
------------------------------------------------------------------------
7782-44-7 Oxygen
------------------------------------------------------------------------
8001-21-6 Sunflower oil
------------------------------------------------------------------------
8001-22-7 Soybean oil
------------------------------------------------------------------------
8001-23-8 Safflower oil
------------------------------------------------------------------------
8001-26-1 Linseed oil
------------------------------------------------------------------------
8001-29-4 Cottonseed oil
------------------------------------------------------------------------
8001-30-7 Corn oil
------------------------------------------------------------------------
8001-31-8 Coconut oil
------------------------------------------------------------------------
8001-78-3 Castor oil, hydrogenated
------------------------------------------------------------------------
8001-79-4 Castor oil
------------------------------------------------------------------------
8002-03-7 Peanut oil
------------------------------------------------------------------------
8002-13-9 Rape oil
------------------------------------------------------------------------
8002-43-5 Lecithins
------------------------------------------------------------------------
8002-75-3 Palm oil
------------------------------------------------------------------------
8006-54-0 Lanolin
------------------------------------------------------------------------
8016-28-2 Lard, oil
------------------------------------------------------------------------
8016-70-4 Soybean oil, hydrogenated
------------------------------------------------------------------------
8021-99-6 Charcoal, bone
------------------------------------------------------------------------
8029-43-4 Syrups, hydrolyzed starch
------------------------------------------------------------------------
11103-57-4 Vitamin A
------------------------------------------------------------------------
12075-68-2 Aluminum, di-.mu.-
chlorochlorotriethyldi-
------------------------------------------------------------------------
12542-85-7 Aluminum,
trichlorotrimethyldi-
------------------------------------------------------------------------
16291-96-6 Charcoal
------------------------------------------------------------------------
26836-47-5 D-Glucitol, monooctadecanoate
------------------------------------------------------------------------
61789-44-4 Fatty acids, castor-oil
------------------------------------------------------------------------
61789-97-7 Tallow
------------------------------------------------------------------------
[[Page 49700]]
61789-99-9 Lard
------------------------------------------------------------------------
64147-40-6 Castor oil, dehydrated
------------------------------------------------------------------------
64755-01-7 Fatty acids, tallow, calcium
salts
------------------------------------------------------------------------
65996-63-6 Starch, acid-hydrolyzed
------------------------------------------------------------------------
65996-64-7 Starch, enzyme-hydrolyzed
------------------------------------------------------------------------
67701-01-3 Fatty acids, C12-18
------------------------------------------------------------------------
68002-85-7 Fatty acids, C14-22 and C16-
22-unsatd.
------------------------------------------------------------------------
68131-37-3 Syrups, hydrolyzed starch,
dehydrated
------------------------------------------------------------------------
68188-81-8 Grease, poultry
------------------------------------------------------------------------
68308-36-1 Soybean meal
------------------------------------------------------------------------
68308-54-3 Glycerides, tallow mono-, di-
and tri-, hydrogenated
------------------------------------------------------------------------
68334-00-9 Cottonseed oil, hydrogenated
------------------------------------------------------------------------
68334-28-1 Fats and glyceridic oils,
vegetable, hydrogenated
------------------------------------------------------------------------
68409-76-7 Bone meal, steamed
------------------------------------------------------------------------
68424-45-3 Fatty acids, linseed-oil
------------------------------------------------------------------------
68424-61-3 Glycerides, C16-18 and C18-
unsatd. mono- and di-
------------------------------------------------------------------------
68425-17-2 Syrups, hydrolyzed starch,
hydrogenated
------------------------------------------------------------------------
68439-86-1 Bone, ash
------------------------------------------------------------------------
68442-69-3 Benzene, mono-C10-14-alkyl
derivs.
------------------------------------------------------------------------
68476-78-8 Molasses
------------------------------------------------------------------------
68514-27-2 Grease, catch basin
------------------------------------------------------------------------
68514-74-9 Palm oil, hydrogenated
------------------------------------------------------------------------
68525-87-1 Corn oil, hydrogenated
------------------------------------------------------------------------
68648-87-3 Benzene, C10-16-alkyl derivs.
------------------------------------------------------------------------
68918-42-3 Soaps, stocks, soya
------------------------------------------------------------------------
68952-94-3 Soaps, stocks, vegetable-oil
------------------------------------------------------------------------
68956-68-3 Fats and glyceridic oils,
vegetable
------------------------------------------------------------------------
68989-98-0 Fats and glyceridic oils,
vegetable, residues
------------------------------------------------------------------------
73138-67-7 Lard, hydrogenated
------------------------------------------------------------------------
120962-03-0 Canola oil
------------------------------------------------------------------------
129813-58-7 Benzene, mono-C10-13-alkyl
derivs.
------------------------------------------------------------------------
129813-59-8 Benzene, mono-C12-14-alkyl
derivs.
------------------------------------------------------------------------
129813-60-1 Benzene, mono-C14-16-alkyl
derivs.
------------------------------------------------------------------------
Sec. 711.8 Persons who must report.
Except as provided in Sec. 711.9 and Sec. 711.10, the following
persons are subject to the requirements of this part. Persons must
determine whether they must report under this section for each chemical
substance that they manufacture (including import) at an individual
site.
(a) Persons subject to recurring reporting--(1) For the 2011
submission period, any person who manufactured (including imported) for
commercial purposes 25,000 lb. (11,340 kilogram (kg)) or more of a
chemical substance described in Sec. 711.5 at any single site owned or
controlled by that person at any time during the principal reporting
year (i.e., calendar year 2010) is subject to reporting.
(2) For the submission periods subsequent to the 2011 submission
period, any person who manufactured (including imported) for commercial
purposes 25,000 lb. (11,340 kg) or more of a chemical substance
described in Sec. 711.5 at any single site owned or controlled by that
person at any time during any calendar year since the last principal
reporting year (e.g., for the 2015 submission period, consider calendar
years 2011, 2012, 2013, and 2014, given that 2010 was the last
principal reporting year).
(b) Exceptions. Any person who manufactured (including imported)
for commercial purposes any chemical substance that is the subject of a
rule promulgated under TSCA section 5(a)(2), 5(b)(4), or 6, or is the
subject of an order in effect under TSCA section 5(e), or is the
subject of relief that has been granted under a civil action under TSCA
section 5 or 7 is subject to reporting for that chemical substance,
regardless of the production volume.
Sec. 711.9 Persons not subject to this part.
A person described in Sec. 711.8 is not subject to the
requirements of this part if that person qualifies as a small
manufacturer as that term is defined in 40 CFR 704.3. Notwithstanding
this exclusion, a person who qualifies as a small manufacturer is
subject to this part with respect to any chemical substance that is the
subject of a rule proposed or promulgated under TSCA section 4,
5(b)(4), or 6, or is the subject of an order in effect under TSCA
section 5(e), or is the subject of relief that has been granted under a
civil action under TSCA section 5 or 7.
Sec. 711.10 Activities for which reporting is not required.
A person described in Sec. 711.8 is not subject to the
requirements of this part with respect to any chemical substance
described in Sec. 711.5 that the person solely manufactured or
imported under the following circumstances:
(a) The person manufactured or imported the chemical substance
described in Sec. 711.5 solely in small quantities for research and
development.
(b) The person imported the chemical substance described in Sec.
711.5 as part of an article.
(c) The person manufactured the chemical substance described in
Sec. 711.5 in a manner described in 40 CFR 720.30(g) or (h).
Sec. 711.15 Reporting information to EPA.
For the 2011 submission period, any person who must report under
this part, as described in Sec. 711.8, must submit the information
described in this section for each chemical substance described in
Sec. 711.5 that the person manufactured (including imported) for
commercial purposes in an amount of 25,000 lb. (11,340 kg) or more (or
lower volume for chemical substances subject to the rules, orders, or
actions described in Sec. 711.8(b)) during the principal reporting
year (i.e., calendar year 2010). For the submission periods subsequent
to the 2011 submission period, any person who must report under this
part, as described in Sec. 711.8(b), must submit the information
described in this section for each chemical substance described in
Sec. 711.5 that the person manufactured (including imported) for
commercial purposes in an amount of 25,000 lb. (11,340 kg) or more (or
lower volume for chemical substances subject to the rules, orders, or
actions described in Sec. 711.8(b)) at any one site during any
calendar year since the last principal
[[Page 49701]]
reporting year (e.g., for the 2015 submission period, consider calendar
years 2011, 2012, 2013, and 2014, since 2010 was the last principal
reporting year). The principal reporting year for each submission
period is the previous calendar year (e.g., the principal reporting
year for the 2015 submission period is calendar year 2014). For all
submission periods, a separate report must be submitted for each
chemical substance at each site for which the submitter is required to
report. A submitter of information under this part must report
information as described in this section to the extent that such
information is known to or reasonably ascertainable by that person.
(a) Reporting information to EPA. Any person who reports
information to EPA must do so using the e-IURweb reporting software
provided by EPA at the address set forth in Sec. 711.35. The
submission must include all information described in paragraph (b) of
this section. Persons must submit a separate Form U for each site for
which the person is required to report. The e-IURweb reporting software
is described in the instructions available from EPA at the website set
forth in Sec. 711.35.
(b) Information to be reported. Manufacturers (including importers)
of a reportable chemical substance in an amount of 25,000 lb. (11,340
kg) or more at a site during any calendar year since the last principal
reporting year must report the information described in this section.
As described in Sec. 711.6(b)(1) and (b)(2), manufacturers of certain
chemical substances are not required to report the information
described in paragraph (b)(4) of this section.
(1) A certification statement signed and dated by an authorized
official of the submitter company. Persons reporting must submit this
information using e-IURweb as described in Sec. 711.35. The authorized
official must certify that the submitted information has been completed
in compliance with the requirements of this part and that the
confidentiality claims made on the Form U are true and correct. The
certification must be signed and dated by the authorized official for
the submitter company, and provide that person's name, official title,
and e-mail address.
(2) Company and plant site information. The following currently
correct company and plant site information must be reported for each
site at which at least 25,000 lb. (11,340 kg) of a reportable chemical
substance is manufactured (including imported) during any calendar year
since the last principal reporting year (see Sec. 711.3 for the
``site'' for importers):
(i) The parent company name, address, and Dun and Bradstreet
Number. A submitter under this part must obtain a Dun and Bradstreet
Number for the parent company if none exists.
(ii) The name of a person who will serve as technical contact for
the submitter company, and who will be able to answer questions about
the information submitted by the company to EPA, the contact person's
full mailing address, telephone number, and e-mail address.
(iii) The name and full street address of each site. A submitter
under this part must include the appropriate Dun and Bradstreet Number
for each plant site reported, and the county or parish (or other
jurisdictional indicator) in which the plant site is located. A
submitter under this part must obtain a Dun and Bradstreet Number for
the site reported if none exists.
(3) Specific information for chemical substances manufactured in
amounts of 25,000 lb. or more. The following chemical-specific
information must be reported for each reportable chemical substance
manufactured (including imported) at each site in amounts of 25,000 lb.
(11,340 kg) or more during any calendar year since the last principal
reporting year:
(i) The specific, currently correct CA Index name as used to list
the chemical substance on the TSCA Inventory and the correct
corresponding CASRN for each reportable chemical substance at each
site. A submitter under this part may use an EPA-designated TSCA
Accession Number for a confidential chemical substance in lieu of a
CASRN when a CASRN is not known to or reasonably ascertainable by the
submitter. In addition to reporting the number itself, submitters must
specify the type of number they are reporting by selecting from among
the codes in Table 3 of this paragraph.
Table 3.--Codes to Specify Type of Chemical Identifying Number
------------------------------------------------------------------------
Code Number Type
------------------------------------------------------------------------
A Accession Number
------------------------------------------------------------------------
C Chemical Abstracts Registry
Number (CASRN)
------------------------------------------------------------------------
(A) If an importer submitting a report cannot provide all the
information specified in Sec. 711.15(b) of this section because it is
claimed as confidential by the supplier of the chemical substance, the
importer must have the supplier provide the correct chemical identity
information directly to EPA in a joint submission, electronically using
e-IURweb and CDX (see Sec. 711.35), and which clearly references the
importer's submission.
(B) If a manufacturer submitting a report cannot provide all the
information specified in Sec. 711.15(b) of this section because the
reportable chemical substance is manufactured using a reactant having a
specific chemical identity claimed as confidential by its supplier, the
manufacturer must submit a report directly to EPA containing all the
information known to or reasonably ascertainable by the manufacturer
about the chemical identity of the reported chemical substance. In
addition, the manufacturer must ensure that the supplier of the
confidential reactant provide the correct chemical identity of the
confidential reactant directly to EPA in a joint submission,
electronically using e-IURweb and CDX (see Sec. 711.35), and which
clearly references the manufacture's submission.
(ii) For the principal reporting year only, a statement indicating,
for each reportable chemical substance at each site, whether the
chemical substance is manufactured in the United States, imported into
the United States, or both manufactured in the United States and
imported into the United States.
(iii) For the principal reporting year, the total annual volume (in
pounds) of each reportable chemical substance domestically manufactured
and imported at each site. The total annual domestically manufactured
volume (not including imported volume) and the total annual imported
volume must be separately reported. This amount must be reported to two
significant figures of accuracy. For each complete calendar year since
the last principal reporting year, the total annual volume
(domestically manufactured and imported volumes in pounds) of each
reportable chemical substance at each site.
(iv) For the principal reporting year only, the volume used on site
and the volume exported of each reportable chemical substance
domestically manufactured and imported at each site. This amount must
be reported to two significant figures of accuracy.
(v) For the principal reporting year only, a designation
indicating, for each imported reportable chemical substance at each
site, whether the imported chemical substance is physically present at
the reporting site.
(vi) For the principal reporting year only, a designation
indicating, for each reportable chemical substance at each site,
whether the chemical substance is being recycled, remanufactured,
[[Page 49702]]
reprocessed, reused, reworked, or otherwise used for a commercial
purpose instead of being disposed of as a waste or included in a waste
stream.
(vii) For the principal reporting year only, the total number of
workers reasonably likely to be exposed to each reportable chemical
substance at each site. For each reportable chemical substance at each
site, the submitter must select from among the ranges of workers listed
in Table 4 of this paragraph and report the corresponding code (i.e.,
W1 through W8):
Table 4.--Codes for Reporting Number of Workers Reasonably Likely To Be
Exposed
------------------------------------------------------------------------
Code Range
------------------------------------------------------------------------
W1 Fewer than 10 workers
------------------------------------------------------------------------
W2 At least 10 but fewer than
25 workers
------------------------------------------------------------------------
W3 At least 25 but fewer than
50 workers
------------------------------------------------------------------------
W4 At least 50 but fewer than
100 workers
------------------------------------------------------------------------
W5 At least 100 but fewer than
500 workers
------------------------------------------------------------------------
W6 At least 500 but fewer than
1,000 workers
------------------------------------------------------------------------
W7 At least 1,000 but fewer
than 10,000 workers
------------------------------------------------------------------------
W8 At least 10,000 workers
------------------------------------------------------------------------
(viii) For the principal reporting year only, the maximum
concentration, measured by percentage of weight, of each reportable
chemical substance at the time it is sent off-site from each site. If
the chemical substance is site-limited, you must report the maximum
concentration, measured by percentage of weight, of the reportable
chemical substance at the time it is reacted on-site to produce a
different chemical substance. This information must be reported
regardless of the physical form(s) in which the chemical substance is
sent off-site/reacted on-site. For each chemical substance at each
site, select the maximum concentration of the chemical substance from
among the ranges listed in Table 5 of this paragraph and report the
corresponding code (i.e., M1 through M5):
Table 5.--Codes for Reporting Maximum Concentration of Chemical
Substance
------------------------------------------------------------------------
Concentration Range (%
Code weight)
------------------------------------------------------------------------
M1 Less than 1% by weight
------------------------------------------------------------------------
M2 At least 1 but less than 30%
by weight
------------------------------------------------------------------------
M3 At least 30 but less than
60% by weight
------------------------------------------------------------------------
M4 At least 60 but less than
90% by weight
------------------------------------------------------------------------
M5 At least 90% by weight
------------------------------------------------------------------------
(ix) For the principal reporting year only, the physical form(s) of
the reportable chemical substance as it is sent off-site from each
site. If the chemical substance is site-limited, you must report the
physical form(s) of the reportable chemical substance at the time it is
reacted on-site to produce a different chemical substance. For each
chemical substance at each site, the submitter must report as many
physical forms as apply from among the physical forms listed in this
unit:
(A) Dry powder.
(B) Pellets or large crystals.
(C) Water- or solvent-wet solid.
(D) Other solid.
(E) Gas or vapor.
(F) Liquid.
(x) For the principal reporting year only, submitters must report
the percentage, rounded off to the closest 10%, of total production
volume of the reportable chemical substance, for the principal
reporting year only, reported in response to paragraph (b)(3)(iii) of
this section, that is associated with each physical form reported under
paragraph (b)(3)(ix) of this section.
(4) Specific information related to processing and use. Persons
subject to paragraph (b)(3) of this section must report the information
described in paragraphs (b)(4)(i) and (b)(4)(ii) of this section for
each reportable chemical substance at sites under their control and at
sites that receive a reportable chemical substance from the submitter
directly or indirectly (including through a broker/distributor, from a
customer of the submitter, etc.). Information reported in response to
this paragraph must be reported for the principal reporting year only
and only to the extent that it is known to or reasonably ascertainable
by the submitter. Information required to be reported under this
paragraph is limited to domestic (i.e., within the customs territory of
the United States) processing and use activities. If information
responsive to a given data requirement under this paragraph, including
information in the form of an estimate, is not known or reasonably
ascertainable, the submitter is not required to respond to the
requirement.
(i) Industrial processing and use information--(A) A designation
indicating the type of industrial processing or use operation(s) at
each site that receives a reportable chemical substance from the
submitter site directly or indirectly (whether the recipient site(s)
are controlled by the submitter site or not). For each chemical
substance, report the letters which correspond to the appropriate
processing or use operation(s) listed in Table 6 of this paragraph. A
particular designation may need to be reported more than once, to the
extent that a submitter reports more than one sector (under paragraph
(b)(4)(i)(B) of this section) that applies to a given designation under
this paragraph.
Table 6.--Codes for Reporting Type of Industrial Processing or Use
Operation
------------------------------------------------------------------------
Designation Operation
------------------------------------------------------------------------
PC Processing as a reactant
------------------------------------------------------------------------
PF Processing--incorporation
into formulation, mixture
or reaction product
------------------------------------------------------------------------
PA Processing--incorporation
into article
------------------------------------------------------------------------
PK Processing--repackaging
------------------------------------------------------------------------
U Use--non-incorporative
activities
------------------------------------------------------------------------
(B) A code indicating the sector(s) which best describe the
industrial activities associated with each industrial processing or use
operation reported under paragraph (b)(4)(i)(A) of this section. For
each chemical substance, report the code that corresponds to the
appropriate sector(s) listed in Table 7 of this paragraph. A particular
sector code may need to be reported more than once, to the extent that
a submitter reports more than one industrial function code (under
paragraph (b)(4)(i)(C) of this section) that applies to a given sector
code under this paragraph.
[[Page 49703]]
Table 7.--Codes for Reporting Industrial Sectors
------------------------------------------------------------------------
Code Sector Description
------------------------------------------------------------------------
IS1 Agriculture, Forestry,
Fishing and Hunting
------------------------------------------------------------------------
IS2 Oil and Gas Drilling,
Extraction, and support
activities
------------------------------------------------------------------------
IS3 Mining (except Oil and Gas)
and support activities
------------------------------------------------------------------------
IS4 Utilities
------------------------------------------------------------------------
IS5 Construction
------------------------------------------------------------------------
IS6 Food, beverage, and tobacco
product manufacturing
------------------------------------------------------------------------
IS7 Textiles, apparel, and
leather manufacturing
------------------------------------------------------------------------
IS8 Wood Product Manufacturing
------------------------------------------------------------------------
IS9 Paper Manufacturing
------------------------------------------------------------------------
IS10 Printing and Related Support
Activities
------------------------------------------------------------------------
IS11 Petroleum Refineries
------------------------------------------------------------------------
IS12 Asphalt Paving, Roofing, and
Coating Materials
Manufacturing
------------------------------------------------------------------------
IS13 Petroleum Lubricating Oil
and Grease Manufacturing
------------------------------------------------------------------------
IS14 All other Petroleum and Coal
Products Manufacturing
------------------------------------------------------------------------
IS15 Petrochemical Manufacturing
------------------------------------------------------------------------
IS16 Industrial Gas Manufacturing
------------------------------------------------------------------------
IS17 Synthetic Dye and Pigment
Manufacturing
------------------------------------------------------------------------
IS18 Carbon Black Manufacturing
------------------------------------------------------------------------
IS19 All Other Basic Inorganic
Chemical Manufacturing
------------------------------------------------------------------------
IS20 Cyclic Crude and
Intermediate Manufacturing
------------------------------------------------------------------------
IS21 All Other Basic Organic
Chemical Manufacturing
------------------------------------------------------------------------
IS22 Plastics Material and Resin
Manufacturing
------------------------------------------------------------------------
IS23 Synthetic Rubber
Manufacturing
------------------------------------------------------------------------
IS24 Organic Fiber Manufacturing
------------------------------------------------------------------------
IS25 Pesticide, Fertilizer, and
Other Agricultural Chemical
Manufacturing
------------------------------------------------------------------------
IS26 Pharmaceutical and Medicine
Manufacturing
------------------------------------------------------------------------
IS27 Paint and Coating
Manufacturing
------------------------------------------------------------------------
IS28 Adhesive Manufacturing
------------------------------------------------------------------------
IS29 Soap, Cleaning Compound, and
Toilet Preparation
Manufacturing
------------------------------------------------------------------------
IS30 Printing Ink Manufacturing
------------------------------------------------------------------------
IS31 Explosives Manufacturing
------------------------------------------------------------------------
IS32 Custom Compounding of
Purchased Resins
------------------------------------------------------------------------
IS33 Photographic Film, Paper,
Plate, and Chemical
Manufacturing
------------------------------------------------------------------------
IS34 All Other Chemical Product
and Preparation
Manufacturing
------------------------------------------------------------------------
IS35 Plastics Product
Manufacturing
------------------------------------------------------------------------
IS36 Rubber Product Manufacturing
------------------------------------------------------------------------
IS37 Non-metallic Mineral Product
Manufacturing (includes
clay, glass, cement,
concrete, lime, gypsum, and
other non-metallic mineral
product manufacturing)
------------------------------------------------------------------------
IS38 Primary Metal Manufacturing
------------------------------------------------------------------------
IS39 Fabricated Metal Product
Manufacturing
------------------------------------------------------------------------
IS40 Machinery Manufacturing
------------------------------------------------------------------------
IS41 Computer and Electronic
Product Manufacturing
------------------------------------------------------------------------
IS42 Electrical Equipment,
Appliance, and Component
Manufacturing
------------------------------------------------------------------------
IS43 Transportation Equipment
Manufacturing
------------------------------------------------------------------------
IS44 Furniture and Related
Product Manufacturing
------------------------------------------------------------------------
IS45 Miscellaneous Manufacturing
------------------------------------------------------------------------
IS46 Wholesale and Retail Trade
------------------------------------------------------------------------
IS47 Services
------------------------------------------------------------------------
IS48 Other (requires additional
information)
------------------------------------------------------------------------
(C) For each sector reported under paragraph (b)(4)(i)(B) of this
section, code(s) from Table 8 of this paragrph must be selected to
designate the industrial function category(ies) that best represents
the specific manner in which the chemical substance is used. A
particular industrial function category may need to be reported more
than once, to the extent that a submitter reports more than one
industrial processing or use operation/sector combination (under
paragraphs (b)(4)(i)(A) and (b)(4)(i)(B) of this section) that applies
to a given industrial function category under this paragraph. If more
than 10 unique combinations of industrial processing or use operations/
sector/industrial function categories apply to a chemical substance,
submitters need only report the 10 unique combinations for the chemical
substance that cumulatively represent the largest percentage of the
submitter's production volume for that chemical substance, measured by
weight. If none of the listed industrial function categories accurately
describes a use of a chemical substance, the category ``Other'' may be
used, and must include a description of the use.
Table 8.--Codes for Reporting Industrial Function Categories
------------------------------------------------------------------------
Code Category
------------------------------------------------------------------------
U001 Abrasives
------------------------------------------------------------------------
U002 Adhesives and sealant
chemicals
------------------------------------------------------------------------
U003 Adsorbents and absorbents
------------------------------------------------------------------------
U004 Agricultural chemicals (non-
pesticidal)
------------------------------------------------------------------------
U005 Anti-adhesive agents
------------------------------------------------------------------------
U006 Bleaching agents
------------------------------------------------------------------------
U007 Corrosion inhibitors and
anti-scaling agents
------------------------------------------------------------------------
U008 Dyes
------------------------------------------------------------------------
U009 Fillers
------------------------------------------------------------------------
U010 Finishing agents
------------------------------------------------------------------------
U011 Flame retardants
------------------------------------------------------------------------
U012 Fuels and fuel additives
------------------------------------------------------------------------
U013 Functional fluids (closed
systems)
------------------------------------------------------------------------
U014 Functional fluids (open
systems)
------------------------------------------------------------------------
U015 Intermediates
------------------------------------------------------------------------
U016 Ion exchange agents
------------------------------------------------------------------------
U017 Lubricants and lubricant
additives
------------------------------------------------------------------------
U018 Odor agents
------------------------------------------------------------------------
U019 Oxidizing/reducing agents
------------------------------------------------------------------------
U020 Photosensitive chemicals
------------------------------------------------------------------------
U021 Pigments
------------------------------------------------------------------------
[[Page 49704]]
U022 Plasticizers
------------------------------------------------------------------------
U023 Plating agents and surface
treating agents
------------------------------------------------------------------------
U024 Process regulators
------------------------------------------------------------------------
U025 Processing aids, specific to
petroleum production
------------------------------------------------------------------------
U026 Processing aids, not
otherwise listed
------------------------------------------------------------------------
U027 Propellants and blowing
agents
------------------------------------------------------------------------
U028 Solids separation agents
------------------------------------------------------------------------
U029 Solvents (for cleaning or
degreasing)
------------------------------------------------------------------------
U030 Solvents (which become part
of product formulation or
mixture)
------------------------------------------------------------------------
U031 Surface active agents
------------------------------------------------------------------------
U032 Viscosity adjustors
------------------------------------------------------------------------
U033 Laboratory chemicals
------------------------------------------------------------------------
U034 Paint additives and coating
additives not described by
other categories
------------------------------------------------------------------------
U999 Other (specify)
------------------------------------------------------------------------
(D) The estimated percentage, rounded off to the closest 10%, of
total production volume of the reportable chemical substance associated
with each combination of industrial processing or use operation,
sector, and industrial function category. Where a particular
combination of industrial processing or use operation, sector, and
industrial function category accounts for less than 5% of the
submitter's site's total production volume of a reportable chemical
substance, the percentage must not be rounded off to 0% if the
production volume attributable to that industrial processing or use
operation, sector, and industrial function category combination is
25,000 lb. (11,340 kg) or more during the reporting year. Instead, in
such a case, submitters must report the percentage, rounded off to the
closest 1%, of the submitter's site's total production volume of the
reportable chemical substance associated with the particular
combination of industrial processing or use operation, sector, and
industrial function category.
(E) For each combination of industrial processing or use operation,
sector, and industrial function category, the submitter must estimate
the number of sites at which each reportable chemical substance is
processed or used. For each combination associated with each chemical
substance, the submitter must select from among the ranges of sites
listed in Table 9 of this paragraph and report the corresponding code
(i.e., S1 through S7):
Table 9.--Codes for Reporting Numbers of Sites
------------------------------------------------------------------------
Code Range
------------------------------------------------------------------------
S1 Fewer than 10 sites
------------------------------------------------------------------------
S2 at least 10 but fewer than
25 sites
------------------------------------------------------------------------
S3 at least 25 but fewer than
100 sites
------------------------------------------------------------------------
S4 at least 100 but fewer than
250 sites
------------------------------------------------------------------------
S5 at least 250 but fewer than
1,000 sites
------------------------------------------------------------------------
S6 at least 1,000 but fewer
than 10,000 sites
------------------------------------------------------------------------
S7 at least 10,000 sites
------------------------------------------------------------------------
(F) For each combination of industrial processing or use operation,
sector, and industrial function category, the submitter must estimate
the number of workers reasonably likely to be exposed to each
reportable chemical substance. For each combination associated with
each chemical substance, the submitter must select from among the
worker ranges listed in paragraph (b)(3)(v) of this section and report
the corresponding code (i.e., W1 though W8).
(ii) Consumer and commercial use information--(A) Using the codes
listed in Table 10 of this paragraph, submitters must designate the
consumer and commercial product category or categories that best
describe the consumer and commercial products in which each reportable
chemical substance is used (whether the recipient site(s) are
controlled by the submitter site or not). If more than 10 codes apply
to a chemical substance, submitters need only report the 10 codes for
the chemical substance that cumulatively represent the largest
percentage of the submitter's production volume for that chemical,
measured by weight. If none of the listed consumer and commercial
product categories accurately describes the consumer and commercial
products in which each reportable chemical substance is used, the
category ``Other'' may be used, and must include a description of the
use.
Table 10.--Codes for Reporting Consumer and Commercial Product
Categories
------------------------------------------------------------------------
Code Category
------------------------------------------------------------------------
Chemical Substances in Furnishing, Cleaning, Treatment/Care Products
------------------------------------------------------------------------
C101 Floor Coverings
------------------------------------------------------------------------
C102 Foam Seating and Bedding
Products
------------------------------------------------------------------------
C103 Furniture and Furnishings
not covered elsewhere
------------------------------------------------------------------------
C104 Fabric, Textile, and Leather
Products not covered
elsewhere
------------------------------------------------------------------------
C105 Cleaning and Furnishing Care
Products
------------------------------------------------------------------------
C106 Laundry and Dishwashing
Products
------------------------------------------------------------------------
C107 Water Treatment Products
------------------------------------------------------------------------
C108 Personal Care Products
------------------------------------------------------------------------
C109 Air Care Products
------------------------------------------------------------------------
C110 Apparel and Footwear Care
Products
------------------------------------------------------------------------
Chemical Substances in Construction, Paint, Electrical, and Metal
Products
------------------------------------------------------------------------
C201 Adhesives and Sealants
------------------------------------------------------------------------
C202 Paints and Coatings
------------------------------------------------------------------------
C203 Building/Construction
Materials - Wood and
Engineered Wood Products
------------------------------------------------------------------------
C204 Building/Construction
Materials not covered
elsewhere
------------------------------------------------------------------------
C205 Electrical and Electronic
Products
------------------------------------------------------------------------
C206 Metal Products not covered
elsewhere
------------------------------------------------------------------------
C207 Batteries
------------------------------------------------------------------------
Chemical Substances in Packaging, Paper, Plastic, Hobby Products
------------------------------------------------------------------------
C301 Food Packaging
------------------------------------------------------------------------
C302 Paper Products
------------------------------------------------------------------------
C303 Plastic and Rubber Products
not covered elsewhere
------------------------------------------------------------------------
C304 Toys, Playground, and
Sporting Equipment
------------------------------------------------------------------------
[[Page 49705]]
C305 Arts, Crafts, and Hobby
Materials
------------------------------------------------------------------------
C306 Ink, Toner, and Colorant
Products
------------------------------------------------------------------------
C307 Photographic Supplies, Film,
and Photochemicals
------------------------------------------------------------------------
Chemical Substances in Automotive, Fuel,Agriculture, Outdoor Use
Products
------------------------------------------------------------------------
C401 Automotive Care Products
------------------------------------------------------------------------
C402 Lubricants and Greases
------------------------------------------------------------------------
C403 Anti-Freeze and De-icing
Products
------------------------------------------------------------------------
C404 Fuels and Related Products
------------------------------------------------------------------------
C405 Explosive Materials
------------------------------------------------------------------------
C406 Agricultural Products (non-
pesticidal)
------------------------------------------------------------------------
C407 Lawn and Garden Care
Products
------------------------------------------------------------------------
Chemical Substances in Products not Described by Other Codes
------------------------------------------------------------------------
C980 Non-TSCA Use
------------------------------------------------------------------------
C909 Other (specify)
------------------------------------------------------------------------
(B) An indication, within each consumer and commercial product
category reported under paragraph (b)(4)(ii)(A) of this section,
whether the use is a consumer or a commercial use.
(C) Submitters must determine, within each consumer and commercial
product category reported under paragraph (b)(4)(ii)(A) of this
section, whether any amount of each reportable chemical substance
manufactured (including imported) by the submitter is present in (for
example, a plasticizer chemical substance used to make pacifiers) or on
(for example, as a component in the paint on a toy) any consumer
products intended for use by children age 14 or younger, regardless of
the concentration of the chemical substance remaining in or on the
product. Submitters must select from the following options: The
chemical substance is used in or on any consumer products intended for
use by children, the chemical substance is not used in or on any
consumer products intended for use by children, or information as to
whether the chemical substance is used in or on any consumer products
intended for use by children is not known to or reasonably
ascertainable by the submitter.
(D) The estimated percentage, rounded off to the closest 10%, of
the submitter's site's total production volume of the reportable
chemical substance associated with each consumer and commercial product
category. Where a particular consumer and commercial product category
accounts for less than 5% of the total production volume of a
reportable chemical substance, the percentage must not be rounded off
to 0% if the production volume attributable to that commercial and
consumer product category is 25,000 lb. (11,340 kg) or more during the
reporting year. Instead, in such a case, submitters must report the
percentage, rounded off to the closest 1%, of the submitter's site's
total production volume of the reportable chemical substance associated
with the particular consumer and commercial product category.
(E) Where the reportable chemical substance is used in consumer or
commercial products, the estimated typical maximum concentration,
measured by weight, of the chemical substance in each consumer and
commercial product category reported under paragraph (b)(4)(ii)(A) of
this section. For each chemical substance in each commercial and
consumer product category reported under paragraph (b)(4)(ii)(A) of
this section, submitters must select from among the ranges of
concentrations listed in Table 5 in paragraph (b)(3)(viii) of this
section and report the corresponding code (i.e., M1 through M5).
(F) Where the reportable chemical substance is used in a commercial
product, the submitter must estimate the number of commercial workers
reasonably likely to be exposed to each reportable chemical substance.
For each combination associated with each substance, the submitter must
select from among the worker ranges listed in Table 4 in paragraph
(b)(3)(vii) of this section and report the corresponding code (i.e., W1
though W8).
Sec. 711.20 When to report.
All information reported to EPA in response to the requirements of
this part must be submitted during an applicable submission period from
June 1 to September 30 at 4-year intervals, beginning in 2011. Any
person described in Sec. 711.8(a) must report during each submission
period for each chemical substance described in Sec. 711.5 that the
person manufactured (including imported) during any calendar year since
the last principal reporting year (e.g., for the 2011 submission
period, consider calendar years 2006, 2007, 2008, 2009, and 2010, since
2005 was the last principal reporting year).
Sec. 711.22 Duplicative reporting.
(a) With regard to TSCA section 8(a) rules. Any person subject to
the requirements of this part who previously has complied with
reporting requirements of a rule under TSCA section 8(a) by submitting
the information described in Sec. 711.15 for a chemical substance
described in Sec. 711.5 to EPA, and has done so within 1 year of the
start of a submission period described in Sec. 711.20, is not required
to report again on the manufacture of that chemical substance at that
site during that submission period.
(b) With regard to importers. This part requires that only one
report be submitted on each import transaction involving a chemical
substance described in Sec. 711.5. 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 40 CFR 704.3, 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.
(c) Toll manufacturers and persons contracting with a toll
manufacturer. This part requires that only one report be submitted on
each chemical substance described in Sec. 711.5. When a company
contracts with a toll manufacturer to manufacture a chemical substance,
and each party meets the Agency's definition of ``manufacturer'' as set
forth in Sec. 711.3, the contracting company is primarily responsible
for the IUR submission. In the event the contracting company does not
report, the toll manufacturer must report. Both the contracting company
and the toll manufacturer are liable if no report is made.
Sec. 711.25 Recordkeeping requirements.
Each person who is subject to the reporting requirements of this
part must retain records that document any information reported to EPA.
Records relevant to reporting during a submission period must be
retained for a period of 5 years beginning on the last day of the
submission period. Submitters are encouraged to retain their records
longer than 5 years to ensure that past records are available as a
reference when new submissions are being generated.
Sec. 711.30 Confidentiality claims.
(a) Confidentiality claims. Any person submitting information under
this part
[[Page 49706]]
may assert a business confidentiality claim for the information at the
time it is submitted. Any such confidentiality claims must be made at
the time the information is submitted. Confidentiality claims cannot be
made when a response is left blank or an indication of not known to or
reasonably ascertainable by is provided. These claims will apply only
to the information submitted with the claim. New confidentiality
claims, if appropriate, must be asserted with regard to information
submitted during a different submission period. Guidance for asserting
confidentiality claims is provided in the instructions identified in
Sec. 711.35. Information claimed as confidential in accordance with
this section will be treated and disclosed in accordance with the
procedures in 40 CFR part 2.
(b) Chemical identity. A person may assert a claim of
confidentiality for the chemical identity of a specific chemical
substance only if the identity of that chemical substance is treated as
confidential in the Master Inventory File as of the time the report is
submitted for that chemical substance under this part. The following
steps must be taken to assert a claim of confidentiality for the
identity of a reportable chemical substance:
(1) The submitter must submit with the report detailed written
answers to 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
(including imported) for a commercial purpose available to the public,
for example in technical journals, libraries, or State, local, or
Federal agency public files?
(vi) What measures have been taken to prevent undesired disclosure
of the fact that the chemical substance is being manufactured
(including imported) for a commercial purpose?
(vii) To what extent has the fact that this chemical substance is
manufactured (including imported) for commercial purposes been revealed
to others? What precautions have been taken regarding these
disclosures? Have there been public disclosures or disclosures to
competitors?
(viii) Does this particular chemical substance leave the site of
manufacture (including import) in any form, e.g., as product, effluent,
emission? If so, what measures have been taken to guard against the
discovery of its identity?
(ix) If the chemical substance leaves the site in a product that is
available to the public or your competitors, can the chemical substance
be identified by analysis of the product?
(x) For what purpose do you manufacture (including import) the
substance?
(xi) Has EPA, another Federal agency, or any Federal court made any
pertinent confidentiality determinations regarding this chemical
substance? If so, please attach copies of such determinations.
(2) If any of the information contained in the answers to the
questions listed in paragraph (b)(1) of this section is asserted to
contain confidential business information (CBI), the submitter must
clearly identify the information that is claimed confidential by
marking the specific information on each page with a label such as
``confidential business information,'' ``proprietary,'' or ``trade
secret.''
(c) Site identity. A submitter may assert a claim of
confidentiality for a site only if the linkage of the site with a
reportable chemical substance is confidential and not publicly
available. The following steps must be taken to assert a claim of
confidentiality for a site identity:
(1) The submitter must submit with the report detailed written
answers to the following questions signed and dated by an authorized
official:
(i) Has site information been linked with a chemical identity in
any other Federal, State, or local reporting scheme? For example, is
the chemical identity linked to a facility in a filing under the
Emergency Planning and Community Right-to-Know Act (EPCRA) section 311,
namely through a Material Safety Data Sheet (MSDS)? If so, identify all
such schemes. Was the linkage claimed as confidential in any of these
instances?
(ii) What harmful effect, if any, to your competitive position do
you think would result from the identity of the site and the chemical
substance being disclosed in connection with reporting under this 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?
(2) If any of the information contained in the answers to the
questions listed in paragraph (c)(1) of this section is asserted to
contain CBI, the submitter must clearly identify the information that
is claimed confidential by marking the specific information on each
page with a label such as ``confidential business information,''
``proprietary,'' or ``trade secret.''
(d) Processing and use information. A submitter may assert a claim
of confidentiality for each data element required by Sec. 711.15(b)(4)
only if the linkage of the information with a reportable chemical
substance is confidential and not publicly available. The following
steps must be taken to assert a claim of confidentiality for each data
element, individually, required by Sec. 711.15(b)(4):
(1) The submitter must submit with the report detailed written
answers to the following questions signed and dated by an authorized
official:
(i) Is the identified use of this chemical substance publicly
known? For example, is information on the use available in
advertisements or other marketing materials, professional journals or
other similar materials, or in non-confidential mandatory or voluntary
government filings or publications? Has your company ever provided use
information on the chemical substance that was not claimed as
confidential?
(ii) What harmful effect, if any, to your competitive position do
you think would result from the information reported as required by
Sec. 711.15(b)(4) and 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 substantial
harmful effects?
(2) If any of the information contained in the answers to the
questions listed in paragraph (d)(1) of this section is asserted to
contain CBI, the submitter must clearly identify the information that
is claimed confidential by marking the specific information on each
page with a label such as ``confidential
[[Page 49707]]
business information,'' ``proprietary,'' or ``trade secret.''
(e) No claim of confidentiality. If no claim of confidentiality is
indicated on Form U submitted to EPA under this part; if Form U lacks
the certification required by Sec. 711.15(b)(1); if confidentiality
claim substantiation required under paragraphs (b), (c), and (d) of
this section is not submitted with Form U; or if the identity of a
chemical substance listed on the non-confidential portion of the Master
Inventory File is claimed as confidential, EPA may make the information
available to the public without further notice to the submitter.
Sec. 711.35 Electronic filing.
(a) You must use e-IURweb to complete and submit Form U; EPA Form
7740-8. Submissions may only be made as set forth in this section.
(b) Submissions must be sent electronically to EPA via CDX.
(c) Obtain e-IURweb and instructions, as follows:
(1) By website. Go to the EPA Inventory Update Reporting Internet
homepage at http://www.epa.gov/iur and follow the appropriate links.
(2) By phone or e-mail. Contact the EPA TSCA Hotline at (202) 554-
1404 or [email protected] for a CD-ROM containing the instructions.
[FR Doc. 2010-19830 Filed 8-12-10; 8:45 am]
BILLING CODE 6560-50-S