[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: 40CFR704.104]

[Page 24-25]
 
                   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. 704.104  Hexafluoropropylene oxide.

    (a) Definitions. (1) ``HFPO'' means the chemical substance 
hexafluoropropylene oxide, CAS Number 428-59-1. [Listed in TSCA 
Inventory as oxirane, trifluoro(trifluoromethyl)-]
    (2) ``Enclosed process'' means a process that is designed and 
operated so that there is no intentional release of any substance 
present in the process. A process with fugitive, inadvertent, or 
emergency pressure relief releases remains an enclosed process so long 
as measures are taken to prevent worker exposure to and environmental 
contamination from the releases.
    (3) ``Small processor'' means a processor that meets either the 
standard in paragraph (a)(3)(i) of this section or the standard in 
paragraph (a)(3)(ii) of this section.
    (i) First standard. A processor of a chemical substance is small if 
its total annual sales, when combined with those of its parent company, 
if any, are less than $40 million. However, if the annual processing 
volume of a particular chemical substance at any individual site owned 
or controlled by the processor is greater than 45,400 kilograms (100,000 
pounds), the processor shall not qualify as small for purposes of 
reporting on the processing of that chemical substance at that site, 
unless the processor qualifies as small under paragraph (a)(3)(ii) of 
this section.
    (ii) Second standard. A processor of a chemical substance is small 
if its total annual sales, when combined with those of its parent 
company (if any), are less than $4 million, regardless of the quantity 
of the particular chemical substance processed by that company.

[[Page 25]]

    (iii) Inflation index. EPA will use the Inflation Index described in 
the definition of ``small manufacturer'' that is set forth in Sec. 704.3 
for purposes of adjusting the total annual sales values of this small 
processor definition. EPA will provide Federal Register notification 
when changing the total annual sales values of this definition.
    (b) Persons who must report. Except as provided in paragraph (c) of 
this section, the following persons are subject to this section:
    (1) Persons who manufacture or propose to manufacture HFPO for use 
as an intermediate in the manufacture of fluorinated substances in an 
enclosed process.
    (2) Persons who import or propose to import HFPO for use as an 
intermediate in the manufacture of fluorinated substances in an enclosed 
process.
    (3) Persons who process or propose to process HFPO as an 
intermediate in the manufacture of fluorinated substances in an enclosed 
process.
    (c) Persons not subject to this rule. The following persons are not 
subject to this rule:
    (1) Small processors.
    (2) Persons described in Sec. 704.5 (a) through (d).
    (3) Persons who have already submitted to EPA a completed copy of 
the Preliminary Assessment Information Manufacturer's Report (EPA Form 
7710-35, as described at Sec. 712.28 of this chapter) for HFPO are not 
required to report under this section with respect to activities 
previously reported on.
    (d) What information to report. Persons identified in paragraph (b) 
of this section must submit a Premanufacture Notice Form (EPA Form 7710-
25).
    (e) When to report. (1) Persons who are manufacturing, importing, or 
processing, or who propose to manufacture, import, or process HFPO for 
use as an intermediate in the manufacture of fluorinated substances in 
an enclosed process as of December 10, 1987, must report by February 8, 
1988.
    (2) Persons who propose to manufacture, import, or process HFPO for 
use as an intermediate in the manufacture of fluorinated substances in 
an enclosed process after December 10, 1987, must report within 30 days 
after making a firm management decision to commit financial resources 
for the manufacturing, importing, or processing of HFPO.
    (f) Recordkeeping. Persons subject to the reporting requirements of 
this section must retain documentation of information contained in their 
reports for a period of 5 years from the date of submission of the 
reports.
    (g) Where to send reports. Reports must be submitted by certified 
mail to the Document Control Office (7407), Office of Pollution 
Prevention and Toxics, U.S. Environmental Protection Agency, Room G-099, 
1200 Pennsylvania Ave., NW., Washington, DC 20460, ATTN: HFPO Reporting.

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