[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: 40CFR704.45]

[Page 20-21]
 
                   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. 704.45  Chlorinated terphenyl.

    (a) Definitions. (1) Chlorinated terphenyl means a chemical 
substance, CAS No. 61788-33-6, comprised of chlorinated ortho-, meta-, 
and paraterphenyl.
    (2) Extent of chlorination means the percent by weight of chlorine 
for each isomer (ortho, meta, and para).
    (3) Isomeric ratio means the ratios of ortho-, meta-, and 
parachlorinated terphenyls.
    (4) Polychlorinated biphenyl means any chemical substance that is 
limited to the biphenyl molecule that has been chlorinated to varying 
degrees.
    (5) Small manufacturer means a manufacturer (importers are defined 
as manufacturers under TSCA) who meets either of the following standards 
under this rule:
    (i) First standard. A manufacturer of an existing chemical substance 
is small if its total annual sales, when combined with those of its 
parent company (if any), are less than $40 million. However, if the 
annual production volume of a particular chemical substance at any 
individual site owned or controlled by the manufacturer is greater than 
45,400 kilograms (100,000 pounds), the manufacturer shall not qualify as 
small for purposes of reporting on the production of that chemical 
substance at the site, unless the manufacturer qualified as small under 
paragraph (a)(5)(ii) of this section.
    (ii) Second standard. A manufacturer of an existing chemical 
substance is small if its total annual sales, when combined with those 
of its parent company (if any), are less than $4 million, regardless of 
the quantity of chemicals produced by that manufacturer.
    (b) Persons who must report. Except for small manufacturers and as 
provided in Sec. 704.5, the following persons are subject to the rule:
    (1) Persons who manufacture or propose to manufacture chlorinated 
terphenyl.
    (2) Persons who import (importers) or propose to import chlorinated 
terphenyl as a chemical substance in bulk or as part of a mixture.
    (c) What information to report. Persons subject to this rule as 
described in paragraph (b) of this section must notify EPA of current or 
proposed manufacture or import of chlorinated terphenyl. The notice must 
include, to the extent that it is known to the person making the report 
or is reasonably ascertainable, the following information:
    (1) Company name and address.
    (2) Name, address, and telephone number of principal technical 
contact.
    (3) A description of the use(s) or intended use(s) for chlorinated 
terphenyl.

[[Page 21]]

    (4) A description of the isomeric ratio and extent of chlorination 
of the chlorinated terphenyl and the impurity level of polychlorinated 
biphenyls.
    (5) The quantity (by weight) manufactured or imported within 12 
months prior to the effective date of the rule, if any, and the 
estimated quantity (by weight) to be manufactured or imported for the 
first three years following the date of the report or the date of the 
intended start of production, whichever occurs later.
    (6) The proposed date for the initiation of manufacturing or 
importation of chlorinated terphenyl, if appropriate.
    (d) When to report. Persons who are manufacturing or importing 
chlorinated terphenyl on the effective date of the rule must notify EPA 
within 30 days of the effective date of the rule. Persons who propose to 
manufacture or import chlorinated terphenyl must notify EPA within 15 
days after making the management decision described in Sec. 704.3 
``Proposed to manufacture or import''.

[49 FR 11184, Mar. 26, 1984, as amended at 49 FR 32068, Aug. 10, 1984; 
50 FR 2048, Jan. 15, 1985; 52 FR 20083, May 29, 1987. Redesignated at 53 
FR 51717, Dec. 22, 1988; 58 FR 34204, June 23, 1993]