[Federal Register Volume 69, Number 129 (Wednesday, July 7, 2004)]
[Rules and Regulations]
[Pages 40787-40791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15353]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 710

[OPPT-2003-0075; FRL-7332-3]
RIN 2070-AC61


TSCA Inventory Update Rule Corrections

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Direct final rule.

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SUMMARY:  EPA is taking direct final action to make several minor 
corrections to the Inventory Update Rule (IUR) reporting regulations. 
First, EPA is relocating the non-isolated intermediate definition to 
properly place it in the section of the regulation associated with both 
the IUR and the compilation of the TSCA Inventory. Second, the Agency 
is correcting the low current interest partial exemption chemical list 
by removing a chemical that is improperly identified and was mistakenly 
placed on the list. Third, EPA is correcting the percent production 
volume associated with the chemical substance's physical form(s) 
reporting requirement by removing the requirement that the sum of the 
percent production volumes be no more than 100%. Fourth, EPA is 
correcting overlapping site ranges in the number of sites code table. 
Fifth, EPA is correcting a misprint in a paragraph reference. Sixth, 
EPA is updating the procedure to obtain the reporting documents.

DATES: This direct final rule is effective on September 7, 2004, 
without further notice, unless EPA receives adverse comment by August 
6, 2004. If, however, EPA receives adverse comment, EPA will publish a 
Federal Register document to withdraw the specific correction(s) for 
which the adverse comment was made before the effective date of the 
direct final rule. The remaining corrections will become effective on 
September 7, 2004.

ADDRESSES:  Submit your comments, identified by docket identification 
(ID) number OPPT-2003-0075, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov/. 
Follow the on-line instructions for submitting comments.
     Agency Website: http://www.epa.gov/edocket/. EDOCKET, 
EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA 
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. 
Attention: Docket ID number OPPT-2003-0075. The DCO is open from 8 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the DCO is (202) 564-8930. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to docket ID number OPPT-2003-
0075. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available on-line at 
http://www.epa.gov/edocket/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through EDOCKET, 
regulations.gov, or e-mail. The EPA EDOCKET and the regulations.gov 
websites are ``anonymous access'' systems, which means EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send an e-mail comment directly to EPA 
without going through EDOCKET or regulations.gov, your e-mail address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the Internet. If 
you submit an electronic comment, EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit EDOCKET on-line or see the Federal Register of May 31, 
2002 (67 FR 38102) (FRL-7181-7).
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket/. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at the OPPT Docket, EPA Docket Center, EPA West, Rm. B102, 1301 
Constitution Ave., NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The EPA Docket Center Reading Room telephone number is (202) 
566-1744, and the telephone number for the OPPT Docket, which is 
located in the EPA Docket Center, is (202) 566-0280.

FOR FURTHER INFORMATION CONTACT:  For general information contact: 
Colby Lintner, Regulatory Coordinator, Environmental Assistance 
Division (7408M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 554-1404; e-mail 
address: [email protected].
    For technical information contact: Susan Sharkey, Project Manager, 
Economics, Exposure and Technology Division (7406M), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania

[[Page 40788]]

Ave., NW., Washington, DC 20460; telephone number: (202) 564-8789; e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this Action Apply to Me?

    You may be affected by this action if you manufacture (defined by 
statute at 15 U.S.C. 2602(7) to include import) chemical substances, 
including inorganic chemical substances, subject to reporting under the 
Inventory Update Rule (IUR) at 40 CFR part 710. Any use of the term 
``manufacture'' in this document will encompass import, unless 
otherwise stated. In the past, persons that only are processors of 
chemical substances have not been required to comply with the 
requirements of 40 CFR part 710. These amendments do not change the 
status of processors under the regulations at 40 CFR part 710. 
Potentially affected entities may include, but are not limited to:
    Chemical manufacturers and importers subject to IUR reporting, 
including chemical manufacturers and importers of inorganic chemical 
substances (NAICS codes 325, 32411).
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions at 40 CFR 710.48. If you 
have any questions regarding the applicability of this action to a 
particular entity, consult the technical contact person listed under 
FOR FURTHER INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document and Other 
Related Information?

    In addition to using EDOCKET (http://www.epa.gov/edocket/), you may 
access this Federal Register document electronically through the EPA 
Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/. A frequently updated electronic version of 40 CFR part 710 
is available at E-CFR Beta Site Two at http://www.gpoaccess5.gov/ecfr/.

C. What Should I Consider as I Prepare My Comments for EPA?

    1.  Submitting CBI. Do not submit this information to EPA through 
EDOCKET, regulations.gov, or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the rulemaking by docket ID number and other 
identifying information (subject heading, Federal Register date, and 
page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives, and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

A. What is the Agency's Authority for Taking this Action?

    EPA is required under TSCA section 8(b), 15 U.S.C. 2607(b), to 
compile and keep current an inventory of chemical substances 
manufactured or processed in the United States. This inventory is known 
as the TSCA Chemical Substances Inventory (the TSCA Inventory). In 
1977, EPA promulgated a rule (42 FR 64572, December 23, 1977) under 
TSCA section 8(a), 15 U.S.C. 2607(a), to compile an inventory of 
chemical substances in commerce at that time. In 1986, EPA promulgated 
the initial Inventory Update Rule (IUR) reporting regulation under TSCA 
section 8(a) at 40 CFR part 710 (51 FR 21447, June 12, 1986) to 
facilitate the periodic updating of the TSCA Inventory and to support 
activities associated with the implementation of TSCA. In 2003, EPA 
promulgated amendments to the IUR (68 FR 848, January 7, 2003) (FRL-
6767-4) (the 2003 Amendments) to collect manufacturing, processing, and 
use exposure-related information, and to make certain other changes.
    TSCA section 8(a)(1) authorizes the EPA Administrator to promulgate 
rules under which manufacturers and processors of chemical substances 
and mixtures (referred to hereinafter as ``chemical substances'') must 
maintain such records and submit such information as the Administrator 
may reasonably require. TSCA section 8(a) generally excludes small 
manufacturers and processors of chemical substances from the reporting 
requirements established in TSCA section 8(a), although there are some 
exceptions under TSCA section 8(a)(3) to this general exclusion. 
Processors are not currently subject to the regulations at 40 CFR part 
710.

B. What is the Inventory Update Rule (IUR)?

    The data reported under the IUR are used to update the information 
maintained on the TSCA Inventory. EPA uses the TSCA Inventory and data 
reported under the IUR to support many TSCA-related activities and to 
provide overall support for a number of EPA and other Federal health, 
safety, and environmental protection activities.
    The IUR, prior to its amendment in January 2003, required U.S. 
manufacturers of organic chemicals to report to EPA every 4 years the 
identity of chemical substances manufactured during the reporting year 
in quantities of 10,000 pounds or more at any plant site they own or 
control. Prior to its amendment, the IUR generally excluded several 
categories of substances from its reporting requirements, i.e., 
polymers, inorganic substances, microorganisms, and naturally occurring 
chemical substances. Plant sites were required to report information 
such as company name, plant site location, plant site Dun and 
Bradstreet number(s), identity of the reportable chemical substance, 
and production volume of each reportable chemical substance. Data were 
reported to EPA under the IUR in 1986, 1990, 1994, 1998, and 2002.

[[Page 40789]]

    Due to extensive 2003 Amendments (68 FR 848), U.S. manufacturers of 
chemicals (no longer limited to just organic chemicals) are now 
required to report to EPA every 4 years the identity of chemical 
substances manufactured during the reporting year in quantities of 
25,000 pounds or more at any plant site they own or control. The 
amended IUR continues to exclude several categories of substances from 
its reporting requirements, i.e., polymers, microorganisms, and 
naturally occurring chemical substances. Inorganic chemicals are no 
longer exempt and certain natural gas substances are now fully exempt. 
In addition to the information reported prior to the amendments, 
submitters now also are required to report additional manufacturing 
exposure-related data, including the physical form and maximum 
concentration of the chemical substance and the number of potentially 
exposed workers.
    The 2003 Amendments also established a second reporting threshold 
for larger volume chemicals of 300,000 pounds or more manufactured 
during the reporting year at any plant site for reporting of certain 
processing and use information (40 CFR 710.52(c)(4)). This information 
includes process or use category, NAICS code, industrial function 
category, percent production volume, number of use sites, number of 
potentially exposed workers, and consumer/commercial information such 
as use category, use in or on products intended for use by children, 
and maximum concentration. For the submission period occurring in 2006, 
inorganic chemicals, regardless of production volume, are partially 
exempt (i.e., submitters do not report processing and use information 
for inorganic chemicals). After the 2006 cycle, the partial exemption 
for inorganic chemicals is no longer applicable and submitters are 
required to fully report information on inorganic chemical substances. 
In addition, specifically listed petroleum process streams and other 
specifically listed chemical substances are partially exempt, and 
manufacturers of such substances are not required to report processing 
and use information.

C. What Action is the Agency Taking?

    Through this action, EPA is making the following minor corrections 
to the IUR.
    1. Definition--non-isolated intermediate. EPA is moving the 
definition for ``non-isolated intermediate'' from 40 CFR 710.43 to 40 
CFR 710.3. Prior to the 2003 Amendments, definitions for both the IUR 
and the compilation of the TSCA Inventory were included in one 
definition section within 40 CFR part 710. The 2003 Amendments, 
however, created two separate definition sections within 40 CFR part 
710; one for terms that apply solely to the IUR regulations (see 40 CFR 
710.43), and the other for terms that may be used in both the 
regulations associated with the compilation of the TSCA Inventory, and 
in the IUR regulations (see 40 CFR 710.3). In the 2003 Amendments, EPA 
included the definition for ``non-isolated intermediate'' in 40 CFR 
710.43. This was erroneous because the term is used in the regulations 
associated with the compilation of the TSCA Inventory (see 40 CFR 
710.4(d)(8)). As a result, EPA is moving this definition to 40 CFR 
710.3. This relocation is purely administrative, and does not have any 
substantive effect on the meaning or use of the term ``non-isolated 
intermediate'' within the regulations at 40 CFR part 710.
    2. Partial exemption requirements. Section 710.46(b)(2) contains 
the requirements for the partial exemption of certain listed chemicals 
from IUR reporting requirements (i.e., exemption from the requirements 
listed in Sec.  710.52(c)(4)), as well as the list of chemicals covered 
by this partial exemption. EPA is correcting the list of partially 
exempt chemicals in Sec.  710.46(b)(2)(iv), as one of the chemicals on 
the list was included in error. The initial list of partially exempt 
substances was derived from three basic sources, as described in the 
technical support document ``Methodology Used for the Initial Selection 
of Chemicals for the Inventory Update Rule Amendments (IURA) `Low 
Current Interest' Partial Reporting Exemption'' (OPPT, USEPA, July 2, 
2002, docket ID number OPPT-2002-0054). One of the sources was the OECD 
HPV SIDS program, from which a group of linear alkyl benzenes (LABs) 
was identified to be included in the partial exemption. The SIDS 
program list of LAB chemicals included CAS number 68648-86-2 (benzene, 
C14-16-alkyl derivs.). EPA has since determined that this chemical 
submitted to the SIDS program by the manufacturing company is not 
actually a LAB, but is rather a branched alkylbenzene with a different 
carbon chain length range (alkyl range) than the name implied. The 
substance, which is named ``benzene, C4-16-alkyl derivs.,'' rather than 
``benzene, C14-16-alkyl derivs.,'' is not one of the chemicals for 
which EPA had received detailed exposure information nor was this 
chemical part of the LAB group screened in the OECD HPV SIDS program 
(Ref. 1). EPA is correcting Sec.  710.46(b)(2)(iv) by removing the 
chemical identified as CAS number 68648-86-2.
    3. Percent production volume associated with physical form 
requirements. Section 710.52(c)(3)(ix) contains the requirement to 
report the percentage, rounded off to the closest 10%, of total 
production volume of the reportable chemical substance that is 
associated with each physical form reported. The requirement originally 
stated that ``The sum of the percentages reported must not add up to 
more than 100%.'' There are instances, however, where due to rounding 
the percentage may add up to more than 100%. For example, if a chemical 
substance is produced in three physical forms with the percentages of 
48%, 26%, and 26%, rounding would result in the reporting of 50%, 30%, 
and 30%. Adding the rounded percentages results in a sum of 110%. EPA 
is correcting this section by removing the requirement for the 
percentages to not add up to more than 100%.
    4. Site ranges correction. Section 710.52(c)(4)(i)(E) describes the 
requirements for reporting the number of sites for each combination of 
industrial processing or use operation, NAICS code, and industrial 
function category. The number of sites is reported in ranges, and codes 
are used to report the range. The ranges were originally as follows: 
less than 10 sites, from 10 to 25, from 25 to 100, from 100 to 250, 
from 250 to 1,000, from 1,000 to 10,000, and more than 10,000. EPA is 
adjusting the ranges in order to avoid confusion as to which range must 
be reported by submitters reporting 25, 100, 250, or 1,000 sites. Thus, 
the ranges will now be as follows: Less than 10 sites, at least 10 but 
less than 25, at least 25 but less than 100, at least 100 but less than 
250, at least 250 but less than 1,000, at least 1,000 but less than 
10,000, and 10,000 or more.
    5. Cross-reference correction. Section 710.58(d) provides notice 
that ``[i]f no claim of confidentiality is indicated on the reporting 
form . . . , or if confidentiality claim substantiation required under 
paragraphs (c) and (d) 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.'' The reference to paragraph 
(d), however, is incorrect, as that paragraph does not contain a 
confidentiality claim substantiation requirement. Instead, the 
appropriate cross reference is to paragraphs (b) and (c), which both 
contain the claim substantiation requirement. As a result, EPA is

[[Page 40790]]

correcting Sec.  710.58(d) by changing the cross-reference to the 
substantiation requirements from ``paragraphs (c) and (d)'' to 
``paragraphs (b) and (c).'' This change is purely administrative, makes 
the relevant regulatory provision internally consistent and correct, 
and does not have any substantive effect on any other part of the 
regulations at 40 CFR part 710.
    6. Availability of reporting documents correction. Section 
710.59(c) provides information describing how to obtain IUR reporting 
documents, including the reporting form and instructions. EPA is 
correcting information in this section to reflect EPA's current 
practice in making this information available. In keeping with current 
technology and industry practices, EPA now makes the reporting 
documents available through the internet, at www.epa.gov/oppt/iur, and 
no longer automatically mails the documents to submitters from the 
previous reporting cycle. Nonetheless, paper copies still will be 
mailed upon request.

III. Direct Final Rule Procedures

    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment as this action simply makes certain minor corrections 
to 40 CFR part 710. This final rule will be effective on September 7, 
2004, without further notice unless the Agency receives adverse comment 
by August 6, 2004. If EPA receives adverse comment on one or more 
distinct amendments, paragraphs, or sections of this rulemaking, the 
Agency will publish a timely withdrawal in the Federal Register 
indicating which provisions will become effective and which provisions 
are being withdrawn due to adverse comment. Any distinct amendment, 
paragraph, or section of today's rulemaking for which the Agency does 
not receive adverse comment will become effective on September 7, 2004, 
notwithstanding any adverse comment on any other distinct amendment, 
paragraph, or section of today's rule. For any distinct amendment, 
paragraph, or section of today's rule that is withdrawn due to adverse 
comment, EPA will publish a notice of proposed rulemaking in a future 
edition of the Federal Register. The Agency will address the comments 
on any such distinct amendment, paragraph, or section as part of that 
proposed rulemaking.

IV. Materials in the Rulemaking Record

    The public version of the official record for this rulemaking has 
been established as described in the ADDRESSES unit under docket ID 
number OPPT-2003-0075. This record includes the documents located in 
the docket as well as the documents that are referenced in those 
documents. The following document is specifically referenced in this 
final rule. The document is also included in the public version of the 
official record.
    1. E-mail from John Heinze, Council for LAB/LAS Environmental 
Research, to Leslie Scott, EPA, May 19, 2003.

V. Statutory and Executive Order Reviews

    This direct final rule implements corrections to 40 CFR part 710. 
Since this direct final rule does not impose any new requirements, it 
is not subject to review by the Office of Management and Budget (OMB) 
under Executive Order 12866, entitled Regulatory Planning and Review 
(58 FR 51735, October 4, 1993). Because this direct final rule is 
exempt from review under Executive Order 12866 due to its lack of 
significance, this direct final rule is not subject to Executive Order 
13211, Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use (66 FR 28355, May 22, 2001). This direct 
final rule does not contain any information collections subject to OMB 
approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
seq., or impose any enforceable duty or contain any unfunded mandate as 
described under Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA) (Public Law 104-4). Nor does it require any special 
considerations as required by Executive Order 12898, entitled Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations (59 FR 7629, February 16, 1994); or OMB review 
or any other Agency action under Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997). This action does not involve any 
technical standards that would require Agency consideration of 
voluntary consensus standards pursuant to section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 
104-113, section 12(d) (15 U.S.C. 272 note). Since this action merely 
makes minor corrections to 40 CFR part 710, EPA certifies this action 
will not have significant economic impact on a substantial number of 
small entities. There will be no adverse impact on small entities 
resulting from this action. In addition, the Agency has determined that 
this action will not have a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132, entitled Federalism 
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' This action does not alter the relationships or 
distribution of power and responsibilities established by Congress. The 
Agency has determined that this rule does not have any ``tribal 
implications'' as described in Executive Order 13175, entitled 
Consultation and Coordination with Indian Tribal Governments (65 FR 
67249, November 6, 2000). Executive Order 13175, requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by tribal officials in the development of regulatory policies that have 
tribal implications.'' This direct final rule will not have substantial 
direct effects on tribal governments, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified in Executive Order 13175. Thus, Executive Order 13175 does 
not apply to this rule.

VI. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the Agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and the Comptroller General of the United 
States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

[[Page 40791]]

List of Subjects in 40 CFR Part 710

    Environmental protection, Chemicals, Hazardous materials, Reporting 
and recordkeeping requirements.


    Dated: June 23, 2004.
Susan B. Hazen,
Acting Assistant Administrator, Office of Prevention, Pesticides and 
Toxic Substances.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 710--[AMENDED]

0
1. The authority citation for part 710 continues to read as follows:

    Authority:  15 U.S.C. 2607(a).

0
2. Section 710.3 is amended by alphabetically adding the following 
definition to paragraph (d) to read as follows:
* * * * *


Sec.  710.3   Definitions.

    (d) * * *
    Non-isolated intermediate means any intermediate that is not 
intentionally removed from the equipment in which it is manufactured, 
including the reaction vessel in which it is manufactured, equipment 
which is ancillary to the reaction vessel, and any equipment through 
which the substance passes during a continuous flow process, but not 
including tanks or other vessels in which the substance is stored after 
its manufacture.
* * * * *

Sec.  710.43 [Amended]

0
3. Section 710.43 is amended by removing the definition for ``non-
isolated intermediate.''

Sec.  710.46 [Amended]

0
4. Section 710.46 is amended by removing the entire CAS No. entry for 
``68648-86-2'' from the table in paragraph (b)(2)(iv).
0
5. Section 710.52 is amended by removing the last sentence in paragraph 
(c)(3)(ix); italicizing the heading ``Specific information for chemical 
substances manufactured in amounts of 300,000 lbs. or more'' in 
paragraph (c)(4); italicizing the heading ``Industrial processing and 
use information'' in paragraph (c)(4)(i); and revising the table in 
paragraph (c)(4)(i)(E) to read as follows:


Sec.  710.52  Reporting information to EPA.

* * * * *
    (c) * * *
    (4) * * *
    (i) * * *
    (E) * * *

                  Codes for Reporting Numbers of Sites
------------------------------------------------------------------------
                   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
------------------------------------------------------------------------

* * * * *

Sec.  710.58 [Amended]

0
6. Section 710.58 is amended by italizing the headings for paragraphs 
(b) and (c) and changing the phrase ``paragraphs (c) and (d)'' to 
``paragraphs (b) and (c)'' in paragraph (d).
0
7. Section 710.59 is amended by revising the introductory text of 
paragraph (c) to read as follows:


Sec.  710.59  Availability of reporting form and instructions.

* * * * *
    (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:
* * * * *

[FR Doc. 04-15353 Filed 7-6-04; 8:45 am]
BILLING CODE 6560-50-S