[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: 40CFR716.5]

[Page 77-78]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 716--HEALTH AND SAFETY DATA REPORTING--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 716.5   Persons who must report.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
only those

[[Page 78]]

persons described in this section are required to report under this 
part. Persons who must report include manufacturers (including 
importers) who fall within the North American Industry Classification 
System (NAICS) (in effect as of January 1, 1997) Subsector 325 (chemical 
manufacturing and allied products) or Industry Group 32411 (petroleum 
refineries), who:
    (1) In the 10 years preceding the effective date on which a 
substance or mixture is added to Sec. 716.120, either had proposed to 
manufacture (including import), or had manufactured (including imported) 
the listed substance or listed mixture (including as a known byproduct), 
are required to report during the reporting period specified in 
Sec. 716.65.
    (2) As of the effective date on which a substance or mixture is 
added to Sec. 716.120, and who propose to manufacture (including 
import), or who are manufacturing (including importing) the listed 
substance or listed mixture (including as a known byproduct), are 
required to report during the reporting period specified in Sec. 716.65.
    (3) After the effective date on which a substance or mixture is 
added to Sec. 716.120, and who propose to manufacture (including import) 
the listed substance or listed mixture (including as a known byproduct), 
are required to report during the reporting period specified in 
Sec. 716.65.
    (b) A rule promulgated under the authority of 15 U.S.C. 2607(d) may 
require that any person who does not fall within NAICS (in effect as of 
January 1, 1997) Subsector 325 or Industry Group 32411, and who had 
proposed to manufacture (including import) or process, had manufactured 
(including imported) or processed, proposes to manufacture (including 
import) or process, or is manufacturing (including importing) or 
processing a substance or mixture listed in Sec. 716.120 must report 
under this part.
    (c) Processors and persons who propose to process a substance or 
mixture otherwise subject to the reporting requirements imposed by this 
part are not subject to this part unless EPA specifically states 
otherwise in a particular notice or rule promulgated under the authority 
of 15 U.S.C. 2607(d).

[63 FR 15773, Apr. 1, 1998]