[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR704.102]
[Page 22-24]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 704--REPORTING AND RECORDKEEPING REQUIREMENTS--Table of Contents
Subpart B--Chemical-Specific Reporting and Recordkeeping Rules
Sec. 704.102 Hexachloronorbornadiene.
(a) Definitions. (1) Endrin means the pesticide 2,7:3,6-
Dimethanonaphth[2,3-b]oxirene,3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha, 2beta, 2abeta, 3alpha, 6alpha,
6abeta, 7beta, 7aalpha)-, CAS Number 72-20-8.
(2) HEX-BCH means the chemical substance 1,2,3,4,7,7-
hexachloronorbornadiene, CAS Number 3389-71-7.
(3) Isodrin means the pesticide 1,4:5,8-
Dimethanonaphthalene,1,2,3,4,10,10-hexacholoro-1,4,4a,5,8,8a-hexahydro-,
(1alpha, 4alpha, 4abeta, 5beta, 8beta, 8abeta)-, CAS Number 465-73-6.
(4) Small business means any manufacturer, importer, or processor
who meets either paragraph (a)(4)(i) or (ii) of this section:
(i) A business is small if its total annual sales, when combined
with those of its parent (if any), are less than $40 million. However,
if the annual manufacture, importation, or processing volume of a
particular chemical substance at any individual site owned or controlled
by the business is greater than 45,400 kilograms (100,000 pounds), the
business shall not qualify as small for purposes of reporting on the
manufacture, importation, or processing of that chemical substance at
that site, unless the business qualifies as small under paragraph
(a)(4)(ii) of this section.
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(ii) A business is small if its total annual sales, when combined
with those of its parent company (if any), are less than $4 million,
regardless of the quantity of the particular chemical substance
manufactured, imported, or processed by that business.
(iii) For imported and processed mixtures containing HEX-BCH, the
45,400 kilograms (100,000 pounds) standard in paragraph (a)(4)(i) of
this section applies only to the amount of HEX-BCH in a mixture and not
the other components of the mixture.
(5) 8-hour time weighted average means the cumulative exposure for
an 8-hour work shift computed as follows:
Ca Ta+Cb Tb+ . . . Cn Tn
E= --------------------------------------------
8
----------------------------------------------------------------------------------------------------------------
Where:
E is the equivalent exposure for the working shift.
Ci is the concentration (i.e., parts per million) during any
period of time (Ti) where the concentration remains constant.
Ti is the duration in hours of the exposure at the
concentration Ci.
(6) Year means corporate fiscal year.
(b) Persons who must report. (1) Reports must be submitted by:
(i) Persons who are manufacturing, importing, or processing HEX-BCH
for use as an intermediate in the production or isodrin or endrin on or
after January 2, 1986; and
(ii) Persons who propose to manufacture, import, or process HEX-BCH
for use as an intermediate in the production of isodrin or endrin, on or
after January 2, 1986.
(2) Persons described in paragraph (b)(1) of this section who engage
or propose to engage in more than one activity (i.e., manufacture and
processing) must report the information required in paragraph (d)
separately for each activity.
(c) Persons exempt from reporting. (1) Small businesses.
(2) Persons described in Sec. 704.5(a) and (c).
(d) Information to report. (1) Initial reports must include, to the
extent that it is known to or reasonably ascertainable by the person
reporting, the following information:
(i) Company name and address.
(ii) Name, address, and telephone number of the principal contact.
(iii) Name and address of plant sites where HEX-BCH is or is
proposed to be manufactured, imported, or processed, noting for each
plant site which activity takes or would take place at each site.
(iv) If applicable, the intended date for initiating the
manufacture, import, or processing of HEX-BCH.
(v) If applicable, the actual quantity (by weight) of HEX-BCH
manufactured, imported, or processed during the most recently concluded
year.
(vi) The estimated quantity (by weight) of HEX-BCH to be
manufactured, imported, or processed each year during the first 3 years
following the date of the report or the date of the intended start of
manufacture, import, or processing, whichever occurs later.
(vii) For each year described in paragraphs (d)(1) (v) and (vi) of
this section: the number or expected number of employees exposed to HEX-
BCH during the manufacture, import, processing, distribution in
commerce, use, and disposal; the routes of exposure; and the 8-hour time
weighted average of exposure.
(viii) If employees are exposed or expected to be exposed to HEX-
BCH, state for each reported route of exposure, whether personal
protective equipment is used or expected to be used, and a description
of the personal protective equipment.
(ix) The actual or anticipated quantity, content, method of
disposal, and disposal site of any wastes generated or expected to be
generated during the manufacture, importation, or processing of HEX-BCH.
(2) Subsequent reports must provide, to the extent known to or
reasonably ascertainable by the person reporting, the information in
paragraph (d)(1) of this section and a statement explaining why the
subsequent report is required.
(e) When to report. (1) Persons who are manufacturing, importing, or
processing HEX-BCH on January 2, 1986, must submit an initial report to
EPA by February 3, 1986.
(2) Persons who propose to manufacture, import, or process HEX-BCH
on or after January 2, 1986, must submit an initial report to EPA by
February 3,
[[Page 24]]
1986, or 30 days after making the management decision described in
Sec. 704.3 ``Propose to manufacture, import, or process,'' whichever is
later in time.
(3) Persons described in paragraph (b) of this section, who have
submitted a report described in paragraph (d) of this section, must
submit a subsequent report within 30 days of any of the following
events. Based on the most recently submitted report:
(i) The manufacture, importation, or processing of HEX-BCH begins at
a plant site different than that reported pursuant to paragraph
(d)(1)(iii) of this section.
(ii) The actual quantity (by weight) of HEX-BCH manufactured,
imported, or processed in a given year is greater than or equal to 200
percent of the estimated value for that year reported pursuant to
paragraph (d)(1)(vi) of this section.
(iii) The total number of employees exposed to HEX-BCH is greater
than 130 percent of the projected value reported pursuant to paragraph
(d)(1)(vii) of this section.
(iv) The route of exposures to HEX-BCH differs from that reported
pursuant to paragraph (d)(1)(vii) of this section.
(v) The actual 8-hour time weighted average exposure for any
activity exceeds the projection reported pursuant to paragraph
(d)(1)(vii) of this section by more than 100 percent.
(vi) The method of disposal or disposal site reported pursuant to
paragraph (d)(1)(ix) of this section has changed.
(vii) Three years have passed since the most recent submission of a
report and the person is still engaged in the manufacture, importation,
or processing of HEX-BCH.
(f) Certification of review. Each person who submits a report under
this section must for 3 years following the submission date of the most
recent submission, review their activities at the end of each year to
determine whether any reportable event specified in paragraph (e)(3) of
this section has occurred. If a review shows that none of these events
has occurred, the person is required to certify this fact in writing.
(g) Recordkeeping. Any person subject to the reporting requirements
of this section must:
(1) Retain documentation of information contained in their reports.
This documentation must be maintained for a period of 3 years from the
date of the submission of the report; and
(2) Retain the certification required by paragraph (f) of this
section for 3 years from the date of its creation.
[50 FR 47536, Nov. 19, 1985, as amended at 52 FR 20083, May 29, 1987.
Redesignated at 53 FR 51717, Dec. 22, 1988; 58 FR 34204, June 23, 1993]