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(continued) aammonium hydrogen, (OC-6-21)-
68188-96-5 Phosphonic acid, [1,2-ethanediylbis [nitrilobis
(methylene)]] tetrakis-, tetrapotassium salt
68309-98-8 Cadmate (6-), [[[1,2-ethanediylbis [nitrilobis
(methylene)]] tetrakis- [phosphonato]] (8-)]-,
pentapotassium hydrogen, (OC-6-21)-
68901-17-7 Phosphonic acid, [1,2-ethanediylbis [nitrilobis
(methylene)]] tetrakis-, octaammonium salt
68958-86-1 Nickelate (6-), [[[1,2-ethanediylbis [nitrilobis
(methylene)]] tetrakis- [phosphonato]] (8-)]-,
pentaammonium hydrogen, (OC-6-21)-
68958-87-2 Nickelate (6-), [[[1,2-ethanediylbis [nitrilobis
(methylene)]] tetrakis- [phosphonato]] (8-)]-,
pentapotassium hydrogen, (OC-6-21)-
68958-88-3 Nickelate (6-), [[[1,2-ethanediylbis [nitrilobis
(methylene)]] tetrakis [phosphonato]] (8-)]-, pentasodium
hydrogen, (OC-6-21)-
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(b) Persons who must report. Unless exempt as provided in §704.5, reports must be submitted by:
(1) Persons who manufacture or import any of the substances identified in paragraph (a) of this section.
(2) Persons who propose to manufacture or propose to import any of the substances identified in paragraph (a) of this section. For the purposes of importer reporting under this section, an import site is the operating unit within the person's organization which is directly responsible for importing the substance and which controls the import transaction; the import site may in some cases be the organization's headquarters office in the United States.
(c) What information to report. Persons identified in paragraph (b) of this section must report to EPA, for each of the substances identified in paragraph (a) of this section, the following information to the extent known to or reasonably ascertainable by them.
(1) Initial Report:
(i) Name and Chemical Abstracts Service Registry Number of the substance for which the report is submitted.
(ii) Company name and headquarters address.
(iii) Name, address, and telephone number of the principal technical contact.
(iv) The total quantity (by weight in pounds) of the substance manufactured or imported for the person's most recently completed corporate fiscal year.
(v) A description of the commercial uses of the substance during the person's most recently completed corporate fiscal year, including the production volume for each use.
(vi) The estimated quantity (by weight in pounds) of the substance proposed to be manufactured or imported in the person's current corporate fiscal year.
(vii) A description of the intended commercial uses of the substance during the person's current corporate fiscal year, including the estimated production volume for each use.
(2) Follow-up Report:
(i) Name and Chemical Abstracts Service Registry Number of the substance for which the report is submitted.
(ii) Company name and headquarters address.
(iii) Name, address, and telephone number of the principal technical contact.
(iv) The estimated quantity (by weight in pounds) of the substance proposed to be manufactured or imported in the person's current corporate fiscal year.
(v) A description of the intended commercial uses of the substance during the person's current corporate fiscal year, including the estimated production volume for each use.
(d) When to report. (1) Persons specified in paragraph (b)(1) of this section who are manufacturing or importing the substance as of December 5, 1988 must submit an initial report described in paragraph (c)(1) of this section by January 3, 1989.
(2) Persons specified in paragraph (b)(2) of this section must submit an initial report within 30 days after making the management decision described in §704.3 or by January 3, 1989, whichever is later.
(3) Persons specified in paragraph (b) of this section, who submitted a report described in paragraph (c)(1) of this section, must submit a follow-up report described in paragraph (c)(2) of this section within 30 days of making the management decision, described at §704.3, to do either of the following events:
(i) Manufacture or import the substance in a quantity 50 percent greater than the quantity reported in the most recently submitted report.
(ii) Manufacture or import the substance for a use not reported for that substance in any previous report.
(e) Certification. Persons subject to this section must attach the following statement to any information submitted to EPA in response to this section: “I hereby certify that, to the best of my knowledge and belief, all of the attached information is complete and accurate.” This statement must be signed and dated by the company's principal technical contact.
(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 the submission of the report.
[53 FR 41337, Oct. 21, 1988, as amended at 58 FR 34204, June 23, 1993]
§ 704.102 Hexachloronorbornadiene.
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(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.
(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 §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, 1986, or 30 days after making the management decision described in §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]
§ 704.104 Hexafluoropropylene oxide.
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(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.
(iii) Inflation index. EPA will use the Inflation Index described in the definition of “small manufacturer” that is set forth in §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 §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 §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]
§ 704.175 4,4'-methylenebis(2-chloroaniline) (MBOCA).
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(a) Substance subject to reporting. The chemical substance 4,4'-methylenebis(2-chloroaniline) (CAS No. 101–14–4) is subject to reporting under this section. The substance also is identified as 4,4'-methylenebis(2-chlorobenzenamine) and MBOCA.
(b) Persons who must report. Except as provided in paragraph (c) of this section, the following persons are subject to this rule.
(1) Persons who propose to manufacture MBOCA in the United States on or after June 2, 1986.
(2) Persons who are manufacturing MBOCA in the United States as of June 2, 1986.
(3) Persons manufacturing MBOCA in the United States on or after June 2, 1986 who propose to change their manner or method of manufacturing the substance from a manner or method of manufacturing that previously was reported under this section.
(c) Persons not subject to this rule. The following persons are exempt from the reporting requirements of this section:
(1) Persons who import MBOCA into the customs territory of the United States and do not otherwise manufacture the substance in the United States.
(2) Persons who complied with the requirements of this section prior to June 2, 1986 and received written notification of compliance from EPA.
(d) What information to report. Persons who are subject to this rule as described in paragraph (b) of this section must report information to EPA by completing the following parts of the notice form contained in appendix A to part 720 of this chapter: Parts I.A., I.B., I.C.1., I.C.3., and II.A.; also, part III as appropriate. Persons subject to the requirements of this section also must submit a narrative description of any processing and packaging of MBOCA that occurs at the manufacturing plant site, including the number of workers potentially exposed to MBOCA during on-site processing and packaging of MBOCA and a description of any personal protective equipment and/or engineering controls that would be used to prevent release of and exposure to MBOCA during on-site processing and packaging. Persons subject to the requirements of this section are not required to submit information on processing or use of MBOCA away from the manufacturing plant site. Respondents to this rule shall report all information that is known to or reasonably ascertainable by the person reporting.
(e) When to report. (1) Persons specified in paragraph (b)(1) of this section must report by July 2, 1986 or within 30 days after making a firm management decision to commit financial resources for the manufacture of MBOCA, whichever is later in time.
(2) Persons specified in paragraph (b)(2) of this section must report by July 2, 1986.
(3) Persons specified in paragraph (b)(3) of this section must report within 30 days of making a firm management decision to commit financial resources to change their manner or method of manufacturing the substance from a manner or method of manufacturing that previously was reported under this section.
[51 FR 13223, Apr. 18, 1986, as amended at 52 FR 20083, May 29, 1987; 58 FR 34204, June 23, 1993]