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(continued) 1333-74-0 Hydrogen
1592-23-0 Octadecanoic acid, calcium salt
7440-37-1 Argon
7440-44-0 Carbon
7727-37-9 Nitrogen
7782-42-5 Graphite
7782-44-7 Oxygen
8001-21-6 Sunflower oil
8001-22-7 Soybean oil
8001-23-8 Safflower oil
8001-26-1 Linseed oil
8001-29-4 Cottonseed oil
8001-30-7 Corn oil
8001-31-8 Coconut oil
8001-78-3 Castor oil, hydrogenated
8001-79-4 Castor oil
8002-03-7 Peanut oil
8002-13-9 Rape oil
8002-43-5 Lecithins
8002-75-3 Palm oil
8006-54-0 Lanolin
8016-28-2 Lard, oil
8016-70-4 Soybean oil, hydrogenated
8021-99-6 Charcoal, bone
8029-43-4 Syrups, hydrolyzed starch
9004-53-9 Dextrin
9005-25-8 Starch
9050-36-6 Maltodextrin
11103-57-4 Vitamin A
12075-68-2 Aluminum, di-.mu.-chlorochlorotriethyldi-
12542-85-7 Aluminum, trichlorotrimethyldi-
16291-96-6 Charcoal
26836-47-5 D-Glucitol, monooctadecanoate
61789-44-4 Fatty acids, castor-oil
61789-97-7 Tallow
61789-99-9 Lard
64147-40-6 Castor oil, dehydrated
64755-01-7 Fatty acids, tallow, calcium salts
65996-63-6 Starch, acid-hydrolyzed
65996-64-7 Starch, enzyme-hydrolyzed
67701-01-3 Fatty acids, C12-18
68002-85-7 Fatty acids, C14-22 and C16-22-unsatd.
68131-37-3 Syrups, hydrolyzed starch, dehydrated
68188-81-8 Grease, poultry
68308-36-1 Soybean meal
68308-54-3 Glycerides, tallow mono-, di- and tri-, hydrogenated
68334-00-9 Cottonseed oil, hydrogenated
68334-28-1 Fats and glyceridic oils, vegetable, hydrogenated
68409-76-7 Bone meal, steamed
68424-45-3 Fatty acids, linseed-oil
68424-61-3 Glycerides, C16-18 and C18-unsatd. mono- and di-
68425-17-2 Syrups, hydrolyzed starch, hydrogenated
68439-86-1 Bone, ash
68442-69-3 Benzene, mono-C10-14-alkyl derivs.
68476-78-8 Molasses
68514-27-2 Grease, catch basin
68514-74-9 Palm oil, hydrogenated
68525-87-1 Corn oil, hydrogenated
68648-87-3 Benzene, C10-16-alkyl derivs.
68918-42-3 Soaps, stocks, soya
68952-94-3 Soaps, stocks, vegetable-oil
68956-68-3 Fats and glyceridic oils, vegetable
68989-98-0 Fats and glyceridic oils, vegetable, residues
73138-67-7 Lard, hydrogenated
120962-03-0 Canola oil
129813-58-7 Benzene, mono-C10-13-alkyl derivs.
129813-59-8 Benzene, mono-C12-14-alkyl derivs.
129813-60-1 Benzene, mono-C14-16-alkyl derivs.
------------------------------------------------------------------------
(3) Inorganic chemical substances. For purposes of this subpart, an inorganic chemical substance is any chemical substance which does not contain carbon or contains carbon only in the form of carbonato [=CO3], cyano [--CN], cyanato [--OCN], isocyano [--NC], or isocyanato [--NCO] groups or the chalcogen analogues of such groups. During the 2006 submission period, manufacturers are excluded only from the reporting requirements under §710.52(c)(4) for inorganic chemical substances. During the 2006 submission period, manufacturers of inorganic chemical substances are not excluded from the other reporting requirements under this part. During submission periods following the 2006 submission period, manufacturers of inorganic chemical substances are subject to all of the reporting requirements in this subpart.
[68 FR 890, Jan. 7, 2003, as amended at 69 FR 40791, July 7, 2004; 70 FR 60221, Oct. 17, 2005; 70 FR 74700, Dec. 16, 2005; 70 FR 75068, Dec. 19, 2005; 71 FR 8470, Feb. 17, 2006]
§ 710.48 Persons who must report.
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Except as provided in §§710.49 and 710.50, the following persons are subject to the requirements of this subpart. Persons must determine whether they must report under this section for each chemical substance that they manufacture (including import) at an individual site.
(a) Persons subject to recurring reporting. Any person who manufactured (including imported) for commercial purposes 25,000 lbs. (11,340 kg) or more of a chemical substance described in §710.45 at any single site owned or controlled by that person at any time during calendar year 2005 or during the calendar year at 5–year intervals thereafter is subject to reporting.
(b) Special provisions for importers. For purposes of this section, the site for a person who imports a chemical substance described in §710.45 is the site of 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 in the United States (see also §710.55(b)).
[68 FR 890, Jan. 7, 2003, as amended at 70 FR 75069, Dec. 19, 2005]
§ 710.49 Persons not subject to this subpart.
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A person described in §710.48 is not subject to the requirements of this subpart if that person qualifies as a small manufacturer as that term is defined in §704.3 of this chapter. Notwithstanding this exclusion, a person who qualifies as a small manufacturer is subject to this subpart with respect to any chemical substance that is the subject of a rule proposed or promulgated under section 4, 5(b)(4), or 6 of the Act, or is the subject of an order in effect under section 5(e) of the Act, or is the subject of relief that has been granted under a civil action under section 5 or 7 of the Act.
§ 710.50 Activities for which reporting is not required.
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A person described in §710.48 is not subject to the requirements of this subpart with respect to any chemical substance described in §710.45 that the person solely manufactured or imported under the following circumstances:
(a) The person manufactured or imported the chemical substance described in §710.45 solely in small quantities for research and development.
(b) The person imported the chemical substance described in §710.45 as part of an article.
(c) The person manufactured the chemical substance described in §710.45 in a manner described in §720.30(g) or (h) of this chapter.
§ 710.52 Reporting information to EPA.
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Any person who must report under this subpart, as described in §710.48, must submit the information described in this section for each chemical substance described in §710.45 that the person manufactured (including imported) for commercial purposes in an amount of 25,000 lbs. (11,340 kg) or more at any one site during calendar year 2005 or during the calendar year at 5–year intervals thereafter. (See §710.48(b) for the “site” for importers). A separate form must be submitted for each chemical substance at each site for which the submitter is required to report. A submitter of information under this subpart must report information as described in paragraphs (c)(1), (c)(2), and (c)(3) of this section to the extent that such information is known to or reasonably ascertainable by that person whereas a submitter must report information as described in paragraph (c)(4) of this section only to the extent that such information is readily obtainable by that person. A submitter under this subpart must report information that applies to the calendar year for which the person is required to report (i.e., calendar year 2005 and the calendar year at 5–year intervals thereafter).
(a) Reporting in writing. Any person who chooses to report information to EPA in writing must do so by completing the reporting form available from EPA at the address set forth in §710.59. The form must include all information described in paragraph (c) of this section. Persons reporting in writing must submit a separate form for each site for which the person is required to report.
(b) Reporting by magnetic media. Any person who chooses to report information to EPA by means of magnetic media must submit the information described in paragraph (c) of this section. Magnetic media submitted in response to this subpart must meet EPA specifications, as described in the instruction booklet available from EPA at the address set forth in §710.59.
(c) Information to be reported. Manufacturers (including importers) of a reportable chemical substance in an amount of 25,000 lbs. (11,340 kg) or more at a site during a reporting year must report the information described in paragraphs (c)(1), (c)(2), and (c)(3) of this section. Manufacturers (including importers) of a reportable chemical substance in an amount of 300,000 lbs. (136,077 kg) or more at a site during a reporting year must report the information described in paragraph (c)(4) of this section in addition to the information described in paragraphs (c)(1), (c)(2), and (c)(3) of this section. As described in §710.46(b)(3), manufacturers of certain inorganic chemical substances are not required to report the information described in paragraph (c)(4) of this section during the 2006 submission period, but are required to report this information during subsequent submission periods. As described in §710.46(b)(1) and (b)(2), manufacturers of certain chemicals are not required to report the information described in paragraph (c)(4) of this section.
(1) A certification statement signed and dated by an authorized official of the submitter company. Persons reporting by means of magnetic media must submit this information on the reporting form available as described in §710.59.
(2) Company and plant site information. The following company and plant site information must be reported for each site at which at least 25,000 lbs. (11,340 kg) of a reportable chemical substance is manufactured (including imported) during calendar year 2005 or during the calendar year at 5–year intervals thereafter (see §710.48(b) for the “site” for importers):
(i) The name of a person who will serve as technical contact for the submitter company, and who will be able to answer questions about the information submitted by the company to EPA, the parent company name and Dun and Bradstreet Number, the contact person's full mailing address, the contact person's telephone number and the contact person's e-mail address.
(ii) The name and full street address of each site. A submitter under this subpart must include the appropriate Dun and Bradstreet Number for each plant site reported, and the county or parish (or other jurisdictional indicator) in which the plant site is located.
(3) Specific information for chemicals manufactured in amounts of 25,000 lbs. or more. The following chemical-specific information must be reported for each reportable chemical substance manufactured at (including imported into) each site in amounts of 25,000 lbs. (11,340 kg) or more during calendar year 2005 or during the calendar year at 5–year intervals thereafter:
(i) The specific chemical name and CAS Number of each reportable chemical substance at each site. A submitter under this subpart may use an EPA-designated Accession Number for confidential substances, or a premanufacture notice (PMN) case number (see §720.65 of this chapter) in lieu of a CAS Number when a CAS Number is not known to or reasonably ascertainable by the submitter. In addition to reporting the number itself, submitters must specify the type of number they are reporting by selecting from among the following codes:
Codes to Specify Type of Chemical Identifying Number
------------------------------------------------------------------------
Codes Number Type
------------------------------------------------------------------------
A......................................... Accession Number
C......................................... CAS Registry Number
P......................................... PMN Number
------------------------------------------------------------------------
(ii) A statement indicating, for each reportable chemical substance at each site, whether the substance is manufactured in the United States, imported into the United States, or both manufactured in the United States and imported into the United States.
(iii) A designation indicating, for each reportable chemical substance at each site, whether the substance is site-limited.
(iv) The total volume (in pounds) of each reportable chemical substance manufactured and imported at each site. The total manufactured volume (not including imported volume) and the total imported volume must be separately reported. This amount must be reported to two significant figures of accuracy provided that the reported figures are within ±10% of the actual volume.
(v) The total number of workers reasonably likely to be exposed to each reportable chemical substance at each site. For each reportable substance at each site, the submitter must select from among the ranges of workers listed in the following table and report the corresponding code (i.e., W1 through W8):
Codes for Reporting Number of Workers Reasonably Likely To Be Exposed
------------------------------------------------------------------------
Codes Range
------------------------------------------------------------------------
W1........................................ Less than 10 workers
W2........................................ At least 10 but less than 25
workers
W3........................................ At least 25 but less than 50
workers
W4........................................ At least 50 but less than
100 workers
W5........................................ At least 100 but less than
500 workers
W6........................................ At least 500 but less than
1,000 workers
W7........................................ At least 1,000 but less than
10,000 workers
W8........................................ At least 10,000 workers
------------------------------------------------------------------------
(vi) The maximum concentration, measured by percentage of weight, of each reportable chemical substance at the time it is sent off-site from each site. If the chemical is site-limited, you must report the maximum concentration, measured by percentage of weight, of the reportable chemical substance at the time it is reacted on-site to produce a different chemical substance. This information must be reported regardless of the physical form(s) in which the substance is sent off-site/reacted on-site. For each substance at each site, select the maximum concentration of the substance from among the ranges listed in the following table and report the corresponding code (i.e., M1 through M5):
Codes for Reporting Maximum Concentration of Chemical Substance
------------------------------------------------------------------------
Concentration Range (%
Codes weight)
------------------------------------------------------------------------
M1........................................ Less than 1% by weight
M2........................................ From 1 to 30% by weight
M3........................................ From 31 to 60% by weight
M4........................................ From 61 to 90% by weight
M5........................................ Greater than 90% by weight
------------------------------------------------------------------------
(vii) The physical form(s) of the reportable chemical substance as it is sent off-site from each site. If the chemical is site-limited, you must report the physical form(s) of the reportable chemical substance at the time it is reacted on-site to produce a different chemical substance. For each substance at each site, the submitter must report as many physical forms as apply from among the physical forms listed below:
(A) Dry powder.
(B) Pellets or large crystals.
(C) Water- or solvent-wet solid.
(D) Other solid.
(E) Gas or vapor.
(F) Liquid.
(viii) Submitters must report the percentage, rounded off to the closest 10%, of total production volume of the reportable chemical substance, reported in response to paragraph (c)(3)(iv) of this section, that is associated with each physical form reported under paragraph (c)(3)(vii) of this section.
(4) Specific information for chemical substances manufactured in amounts of 300,000 lbs. or more. In addition to the information required under paragraphs (c)(1), (c)(2), and (c)(3) of this section, the following information must be reported for each reportable chemical substance manufactured (including imported) in an amount of 300,000 lbs. (136,077 kg) or more at any one site during calendar year 2005 or during the calendar year at 5–year intervals thereafter. Persons subject to paragraph (c)(4) of this section must report the information described in paragraphs (c)(4)(i) and (c)(4)(ii) of this section for each reportable chemical substance at sites under their control and at sites that receive a reportable chemical substance from the submitter directly or indirectly (including through a broker/distributor, from a customer of the submitter, etc.). Information reported in response to this paragraph must be reported only to the extent that it is readily obtainable by the submitter. Information required to be reported under this paragraph is limited to domestic (i.e., within the custom territory of the United States) processing and use activities. If information responsive to a given data requirement under this paragraph, including information in the form of an estimate, is not readily obtainable, the submitter is not required to respond to the requirement.
(i) Industrial processing and use information. (A) A designation indicating the type of industrial processing or use operation(s) at each site that receives a reportable substance from the submitter site directly or indirectly (whether the recipient site(s) are controlled by the submitter site or not). For each chemical substance, report the letters which correspond to the appropriate processing or use operation(s). A particular designation may need to be reported more than once, to the extent that a submitter reports more than one NAICS code (under paragraph (c)(4)(i)(B) of this section) that applies to a given designation under this paragraph.
------------------------------------------------------------------------
Designation Operation
------------------------------------------------------------------------
PC........................................ Processing as a reactant
PF........................................ Processing - incorporation
into formulation, mixture
or reaction product
PA........................................ Processing - incorporation
into article
PK........................................ Processing - repackaging
U......................................... Use - non-incorporative
activities
------------------------------------------------------------------------
(B) The five-digit North American Industrial Classification System (NAICS) codes which best describe the industrial activities associated with each industrial processing or use operation reported under paragraph (c)(4)(i)(A) of this section. Information about how to find these codes is provided in the instruction booklet available from EPA at the address set forth in §710.59. A particular NAICS code may need to be reported more than once, to the extent that a submitter reports more than one industrial function code (under paragraph (c)(4)(i)(C) of this section) that applies to a given NAICS code under this paragraph.
(C) For each NAICS code reported under paragraph (c)(4)(i)(B) of this section, code(s) from the following list must be selected to designate the industrial function category(ies) that best represents the specific manner in which the chemical substance is used. A particular industrial function category may need to be reported more than once, to the extent that a submitter reports more than one industrial processing or use operation/NAICS code combination (under paragraphs (c)(4)(i)(A) and (c)(4)(i)(B) of this section) that applies to a given industrial function category under this paragraph. If more than 10 unique combinations of industrial processing or use operations/NAICS codes/industrial function categories apply to a chemical substance, submitters need only report the 10 unique combinations for the chemical substance that cumulatively represent the largest percentage of the submitter's production volume for that chemical, measured by weight.
Codes for Reporting Industrial Function Categories
------------------------------------------------------------------------
Codes Category
------------------------------------------------------------------------
U01....................................... Adsorbents and absorbents
U02....................................... Adhesives and binding agents
U03....................................... Aerosol propellants
U04....................................... Agricultural chemicals (non-
pesticidal)
U05....................................... Anti-adhesive agents
U06....................................... Bleaching agents
U07....................................... Coloring agents, dyes
U08....................................... Coloring agents, pigments
U09....................................... Corrosion inhibitors and
anti-scaling agents
U10....................................... Fillers
U11....................................... Fixing agents
U12....................................... Flame retardants
U13....................................... Flotation agents
U14....................................... Fuels
U15....................................... Functional fluids
U16....................................... Intermediates
U17....................................... Lubricants
U18....................................... Odor agents
U19....................................... Oxidizing agents
U20....................................... pH-regulating agents
U21....................................... Photosensitive chemicals
U22....................................... Plating agents and metal
surface treating agents
U23....................................... Processing aid, not
otherwise listed
U24....................................... Process regulators, used in
vulcanization or
polymerization processes
U25....................................... Process regulators, other
than polymerization or
vulcanization processes
U26....................................... Reducing agents
U27....................................... Solvents (for cleaning or
degreasing)
U28....................................... Solvents (which become part
of product formulation or
mixture)
U29....................................... Solvents (for chemical
manufacture and processing
and are not part of product
at greater than one percent
by weight)
U30....................................... Stabilizers
U31....................................... Surface active agents
U32....................................... Viscosity adjustors
U33....................................... Other
------------------------------------------------------------------------
(D) The estimated percentage, rounded off to the closest 10%, of total production volume of the reportable chemical substance associated with each combination of industrial processing or use operation, NAICS code and industrial function category. Where a particular combination of industrial processing or use operation, NAICS code and industrial function category accounts for 5% or less of the submitter's site's total production volume of a reportable chemical substance, the percentage must not be rounded off to zero % if the production volume attributable to that industrial processing or use operation, NAICS code and industrial function category combination is 300,000 lbs. (136,077 kg) or more during the reporting year. Instead, in such a case, submitters must report the percentage, rounded off to the closest 1%, of the submitter's site's total production volume of the reportable chemical substance associated with the particular combination of industrial processing or use operation, NAICS code and industrial function category.
(E) For each combination of industrial processing or use operation, NAICS code and industrial function category, the submitter must estimate the number of sites at which each reportable chemical substance is processed or used. For each combination associated with each substance, the submitter must select from among the ranges of sites listed in the following table and report the corresponding code (i.e., S1 through S7):
Codes for Reporting Numbers of Sites
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Codes Range
------------------------------------------------------------------------
S1........................................ less than 10 sites
S2........................................ at least 10 but less than 25
sites
S3........................................ at least 25 but less than
100 sites
S4........................................ at least 100 but less than
250 sites
S5........................................ at least 250 but less than
1,000 sites
S6........................................ at least 1,000 but less than
10,000 sites
S7........................................ 10,000 or more sites
------------------------------------------------------------------------
(F) For each combination of industrial processing or use operation, NAICS code and industrial function category, the submitter must estimate the number of workers reasonably likely to be exposed to each reportable chemical substance. For each combination associated with each substance, the submitter must select from among the worker ranges listed in paragraph (c)(3)(vi) of this section and report the corresponding code (i.e., W1 though W8).
(ii) Commercial and consumer use information. (A) Using the codes listed in this paragraph, submitters must designate the commercial and consumer product category or categories that best describe the commercial and consumer products in which each reportable chemical substance is used (whether the recipient site(s) are controlled by the submitter site or not). If more than 10 codes apply to a chemical substance, submitters need only report the 10 codes for the chemical substance that cumulatively represent the largest percentage of the submitter's production volume for that chemical, measured by weight:
Codes for Reporting Commercial and Consumer Product Categories
------------------------------------------------------------------------
Codes Category
------------------------------------------------------------------------
C01....................................... Adhesives and sealants
C02....................................... Agricultural products (non-
pesticidal)
C03....................................... Artists' supplies
C04....................................... Automotive care products
C05....................................... Electrical and electronic
products
C06....................................... Fabrics, textiles and
apparel
C07....................................... Glass and ceramic products
C08....................................... Lawn and garden products
(non-pesticidal)
C09....................................... Leather products
C10....................................... Lubricants, greases and fuel
additives
C11....................................... Metal products
C12....................................... Paints and coatings
C13....................................... Paper products
C14....................................... Photographic supplies
C15....................................... Polishes and sanitation
goods
C16....................................... Rubber and plastic products
C17....................................... Soaps and detergents
C18....................................... Transportation products
C19....................................... Wood and wood furniture
C20....................................... Other
------------------------------------------------------------------------
(B) Submitters must determine, within each commercial and consumer product category reported under paragraph (c)(4)(ii)(A) of this section, whether any amount of each reportable chemical substance manufactured (including imported) by the submitter is present in (for example, a plasticizer chemical used to make pacifiers) or on (for example, as a component in the paint on a toy) any consumer products intended for use by children up to the age of 14, regardless of the concentration of the substance remaining in or on the product. Submitters must select from the following options: the chemical substance is used in or on any consumer products intended for use by children, the chemical substance is not used in or on any consumer products intended for use by children, or information as to whether the chemical substance is used in or on any consumer products intended for use by children is not readily obtainable.
(C) The estimated percentage, rounded off to the closest 10%, of the submitter's site's total production volume of the reportable chemical substance associated with each commercial and consumer product category. Where a particular commercial and consumer product category accounts for 5% or less of the total production volume of a reportable chemical substance, the percentage must not be rounded off to zero % if the production volume attributable to that commercial and consumer product category is 300,000 lbs. (136,077 kg) or more during the reporting year. Instead, in such a case, submitters must report the percentage, rounded off to the closest 1%, of the submitter's site's total production volume of the reportable chemical substance associated with the particular commercial and consumer product category.
(D) Where the reportable chemical substance is used in commercial or consumer products, the estimated typical maximum concentration, measured by weight, of the chemical substance in each commercial and consumer product category reported under paragraph (c)(4)(ii)(A) of this section. For each substance in each commercial and consumer product category reported under paragraph (c)(4)(ii)(A) of this section, submitters must select from among the ranges of concentrations listed in the table in paragraph (c)(3)(vii) of this section and report the corresponding code (i.e., M1 through M5).
[68 FR 890, Jan. 7, 2003, as amended at 69 FR 40791, July 7, 2004; 70 FR 75069, Dec. 19, 2005]
§ 710.53 When to report.
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All information reported to EPA in response to the requirements of this subpart must be submitted during an applicable submission period. The first submission period is from August 25, 2006, to December 23, 2006. Subsequent recurring submission periods are from June 1 to September 30 at 5–year intervals after the first submission period. Any person described in §710.48(a) must report during each submission period for each chemical substance described in §710.45 that the person manufactured (including imported) during the preceding calendar year (i.e., the “reporting year”).
[70 FR 75069, Dec. 19, 2005]
§ 710.55 Duplicative reporting.
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(a) With regard to section 8(a) rules. Any person subject to the requirements of this part who previously has complied with reporting requirements of a rule under section 8(a) of the Act by submitting the information described in §710.52 for a chemical substance described in §710.45 to EPA, and has done so within 1 year of the start of a submission period described in §710.53, is not required to report again on the manufacture of that substance at that site during that submission period.
(b) With regard to importers. This part requires that only one report be submitted on each import transaction involving a chemical substance described in §710.45. When two or more persons are involved in a particular import transaction and each person meets the Agency's definition of “importer” as set forth in §§710.3 and 704.3 of this chapter, they may determine among themselves who should submit the required report; if no report is submitted as required under this part, EPA will hold each such person liable for failure to report.
§ 710.57 Reporting requirements.
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Each person who is subject to the reporting requirements of this subpart must retain records that document any information reported to EPA. Records relevant to reporting during a submission period must be retained for a period of 5 years beginning on the last day of the submission period. Submitters are encouraged to retain their records longer than 5 years to ensure that past records are available as a reference when new submissions are being generated.
[70 FR 75070, Dec. 19, 2005]
§ 710.58 Confidentiality.
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(a) Any person submitting information under this subpart may assert a business confidentiality claim for the information at the time it is submitted. These claims will apply only to the information submitted with the claim. New confidentiality claims, if necessary, must be asserted with regard to information submitted during the next submission period. Guidance for asserting confidentiality claims is provided in the instruction booklet identified in §710.59. Information claimed as confidential in accordance with this section will be treated and disclosed in accordance with the procedures in part 2 of this chapter.
(b) Chemical identity. A person may assert a claim of confidentiality for the chemical identity of a specific chemical substance only if the identity of that substance is treated as confidential in the Master Inventory File as of the time the report is submitted for that substance under this subpart. The following steps must be taken to assert a claim of confidentiality for the identity of a reportable chemical substance:
(1) The submitter must submit with the report detailed written answers to the following questions signed and dated by an authorized official.
(i) What harmful effects to your competitive position, if any, do you think would result from the identity of the chemical substance being disclosed in connection with reporting under this subpart? How could a competitor use such information? Would the effects of disclosure be substantial? What is the causal relationship between the disclosure and the harmful effects?
(ii) How long should confidential treatment be given? Until a specific date, the occurrence of a specific event, or permanently? Why?
(iii) Has the chemical substance been patented? If so, have you granted licenses to others with respect to the patent as it applies to the chemical substance? If the chemical substance has been patented and therefore disclosed through the patent, why should it be treated as confidential?
(iv) Has the identity of the chemical substance been kept confidential to the extent that your competitors do not know it is being manufactured or imported for a commercial purpose by anyone?
(v) Is the fact that the chemical substance is being manufactured (including imported) for a commercial purpose available to the public, for example in technical journals, libraries, or State, local, or Federal agency public files?
(vi) What measures have been taken to prevent undesired disclosure of the fact that the chemical substance is being manufactured (including imported) for a commercial purpose?
(vii) To what extent has the fact that this chemical substance is manufactured (including imported) for commercial purposes been revealed to others? What precautions have been taken regarding these disclosures? Have there been public disclosures or disclosures to competitors?
(viii) Does this particular chemical substance leave the site of manufacture (including import) in any form, e.g., as product, effluent, emission? If so, what measures have been taken to guard against the discovery of its identity?
(ix) If the chemical substance leaves the site in a product that is available to the public or your competitors, can the substance be identified by analysis of the product?
(x) For what purpose do you manufacture (including import) the substance?
(xi) Has EPA, another Federal agency, or any Federal court made any pertinent confidentiality determinations regarding this chemical substance? If so, please attach copies of such determinations.
(2) If any of the information contained in the answers to the questions listed in paragraph (b)(1) of this section is asserted to contain confidential business information, the submitter must clearly identify the information that is claimed confidential by marking the specific information on each page with a label such as “confidential business information,” “proprietary,” or “trade secret.”
(c) Site identity. A submitter may assert a claim of confidentiality for a site only if the linkage of the site with a reportable chemical is confidential and not publicly available. The following steps must be taken to assert a claim of confidentiality for a site identity:
(1) The submitter must submit with the report detailed written answers to the following questions signed and dated by an authorized official:
(i) Has site information been linked with a chemical identity in any other Federal, state or local reporting scheme? For example, is the chemical identity linked to a facility in a filing under the Emergency Planning and Community Right-to-Know Act (EPCRA) section 311, namely through a Material Safety Data Sheet (MSDS)? If so, identify all such schemes. Was the linkage claimed as confidential in any of these instances?
(ii) What harmful effect, if any, to your competitive position do you think would result from the identity of the site and the chemical substance being disclosed in connection with reporting under this subpart? How could a competitor use such information? Would the effects of disclosure be substantial? What is the causal relationship between the disclosure and the harmful effects?
(2) If any of the information contained in the answers to the questions listed in paragraph (c)(1) of this section is asserted to contain confidential business information, the submitter must clearly identify the information that is claimed confidential by marking the specific information on each page with a label such as “confidential business information,” “proprietary,” or “trade secret.”
(d) If no claim of confidentiality is indicated on the reporting form submitted to EPA under this subpart, or if confidentiality claim substantiation required under paragraphs (b) and (c) of this section is not submitted with the reporting form, EPA may make the information available to the public without further notice to the submitter.
[68 FR 890, Jan. 7, 2003, as amended at 69 FR 40791, July 7, 2004]
§ 710.59 Availability of reporting form and instructions.
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(a) Use the proper EPA form. You must use the EPA form identified as “Form U” to submit written information in response to the requirements of this subpart. Copies of Form U are available from EPA at the address set forth in paragraph (c) of this section and from the EPA Internet Home Page at http://www.epa.gov/oppt/iur.
(b) Follow the reporting instructions. Guidance for completing the reporting form and preparing an electronic (magnetic media) report will be made available prior to each submission period.
(c) Obtain the reporting documents. EPA will send a letter with instructions describing how to obtain the reporting documents, including the reporting form and reporting instructions, to those submitters that reported in the IUR submission period that occurred immediately prior to the current submission period. EPA now makes the reporting documents available through the Internet, at http://www.epa.gov/oppt/iur. Failure to receive such a letter does not obviate or otherwise affect the requirement to submit a timely report. If you did not receive such a letter, but are required to report, you may obtain a copy of the form and other reporting documents from EPA by submitting a request for this information as follows:
(1) By telephone. Call the EPA TSCA Hotline at 202–554–1404.
(2) By e-mail. Send an e-mail request for this information to the EPA TSCA Hotline at TSCA-Hotline@epa.gov.
(3) By mail. Send a written request for this information to the following address: TSCA Hotline, Mailcode 7408M, ATTN: Inventory Update Rule, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
(4) By Internet. To download a copy of the form and/or instructions go to: http://www.epa.gov/oppt/iur.
(d) Submit the completed reports. You must submit your completed reporting form(s) and/or magnetic media to EPA at the following address: OPPT Document Control Officer (DCO), Mailcode 7407M, ATTN: Inventory Update Rule, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
[68 FR 890, Jan. 7, 2003, as amended at 69 FR 40791, July 7, 2004]