[Federal Register Volume 71, Number 175 (Monday, September 11, 2006)]
[Rules and Regulations]
[Pages 53335-53337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14993]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 710

[EPA-HQ-OPPT-2006-0691; FRL-8088-5]


2006 Reporting Notice; Partial Update of Inventory Database; 
Chemical Substance Production, Processing, and Use Site Reports

AGENCY: Environmental Protection Agency (EPA).

ACTION: Announcement of 2006 reporting period.

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SUMMARY: This document announces the 2006 reporting period for 
Inventory Update Reporting (IUR) under the Toxic Substances Control Act 
(TSCA). The IUR rule requires manufacturers and importers of certain 
chemical substances included on the TSCA Chemical Substances Inventory 
to report current data on the manufacturing, processing, and use of the 
substances. The 2006 reporting period is from August 25, 2006 to 
December 23, 2006. This is the first reporting period since the 
original inventory in which manufacturers and importers of inorganic 
chemical substances as well as manufacturers and importers of organic 
chemical substances are required to report. Also, the 2006 reporting 
period is the first to require reporting of processing and use 
information for certain chemical substances manufactured in volumes of 
300,000 pounds or more at a site in addition to manufacturing 
information. While information can continue to be submitted through the 
mail or other delivery service, the Agency strongly encourages 
reporting through the Internet using EPA's Central Data Exchange (CDX).

DATES: The 2006 reporting period is from August 25, 2006 to December 
23, 2006.

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; email 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 Ave., NW., Washington, DC 20460-0001; 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 Reporting (IUR) regulations at 40 CFR part 710, 
subpart C. Any use of the term ``manufacture'' in this document will 
encompass import, unless otherwise stated.
    Potentially affected entities may include, but are not limited to:
     Chemical manufacturers and importers, 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

[[Page 53336]]

under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Documents?

    You may access this Federal Register document electronically 
through the EPA Internet under the Federal Register listings athttp://www.epa.gov/fedrgstr. Copies of TSCA Regulations or additional 
assistance on the IUR reporting requirements can be obtained by writing 
TSCA Hotline, U.S. Environmental Protection Agency, Office of Pollution 
Prevention and Toxics (7408M), 1200 Pennsylvania Ave., NW., Washington, 
DC 20460; calling (202) 554-1404; or sending an e-mail to[email protected].

II. Background

A. What Action is the Agency Taking?

    The Agency is announcing the 2006 reporting period for Inventory 
Update Reporting (IUR) under TSCA. IUR requires manufacturers and 
importers of certain chemical substances included on the TSCA Chemical 
Substances Inventory to report current data on the manufacturing, 
processing, and use of the substances. The 2006 reporting period is 
from August 25, 2006 to December 23, 2006.
    The 2006 reporting period is the first time that reporting has been 
required since the promulgation of amendments on January 7, 2003 (68 FR 
848). The 2003 Amendments and further subsequent revisions thereto have 
substantially altered the reporting requirements. For 2006, 
manufacturers of both organic and inorganic chemical substances listed 
on the TSCA Inventory are required to report company, site, and 
manufacturing information. IUR submitters may be required to report 
processing and use information for chemical substances manufactured 
(including imported) in amounts of 300,000 pounds or more during 
calendar year 2005.

B. 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 IUR rule under TSCA section 8(a), codified at 40 CFR part 
710 (51 FR 21438, 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 extensive amendments 
to the IUR rule (68 FR 848, January 7, 2003) (FRL-6767-4) (2003 
Amendments) to collect additional information regarding the manufacture 
of chemical substances and also, for chemicals produced in amounts of 
300,000 pounds or more at a site, information regarding the processing 
and use of chemical substances. Minor corrections to the IUR rule were 
made in July of 2004 (69 FR 40787, July 7, 2004) (FRL-7332-3), and 
additional revisions to the IUR rule were made on December 19, 2005 (70 
FR 75059) (FRL-7743-9).
    After the initial reporting during 1986, recurring reporting was 
required every 4 years. Subsequent reporting cycles took place in 1990, 
1994, 1998, and 2002. The next reporting period is from August 25, 2006 
to December 23, 2006. Persons subject to the IUR must submit the 
required information during this period.
    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). However, EPA is 
authorized by TSCA section 8(a)(3) to require TSCA section 8(a) 
reporting from small manufacturers and processors with respect to any 
chemical substance that is the subject of a rule proposed or 
promulgated under TSCA section 4, 5(b)(4), or 6, or that is the subject 
of an order under TSCA section 5(e), or that is the subject of relief 
that has been granted pursuant to a civil action under TSCA section 5 
or 7. The standard for determining whether an entity qualifies as a 
small manufacturer for purposes of 40 CFR part 710 generally is 
identified in 40 CFR 704.3. Processors are not currently subject to the 
regulations at 40 CFR part 710.

C. How Do I Know What Information is Currently in the TSCA Chemical 
Substances Inventory?

    The Agency publishes, via the National Technical Information 
Service (NTIS), an updated public TSCA Inventory twice a year, normally 
around January/February and July/August each year. Specifically, each 
of the chemical substances included in these products is identified by 
a Chemical Abstracts Service (CAS) Index or Preferred Name, the 
corresponding CAS registry number, molecular formula, and if 
applicable, the chemical definition and appropriate EPA special flags 
as found in the printed Inventory. The substances are sequenced in 
ascending order of the corresponding CAS registry numbers. The products 
do not include chemical synonyms that are copyrighted by the CAS. 
Furthermore, generic names or EPA accession numbers for substances with 
confidential chemical identities are not included on the public TSCA 
Inventory.
    For confidential substances, the Agency also publishes data linking 
the PMN case number to the corresponding accession number. The 
publication of the accession number will facilitate IUR reporting. 
These data are also available at the NTIS.
    These products are available for sale from: National Technical 
Information Service (NTIS), U.S. Department of Commerce, Springfield, 
VA 22161; telephone: (703) 605-6000, toll free: 1-800-553-NTIS; 
Internet address: www.ntis.gov/fcpc. The NTIS order number for the TSCA 
Inventory database CD ROM is SUB5423; for the accession number database 
CD ROM is PB2006500013; and for TSCA Tracker is SUB5435 or SUB5468.

D. How Do I Know If I Have to Report?

    You have to report if you manufacture or import IUR reportable 
chemical substances included on the TSCA Chemical Substances Inventory 
in an amount of 25,000 pounds or more at a single site during the 2005 
calendar year. EPA has developed an instructions manual (Instructions 
for Reporting for the 2006 Partial Updating of the TSCA Chemical 
Substances Inventory (Instructions for Reporting)) that provides 
guidance to assist manufacturers and importers in reporting under the 
2006 IUR, including relevant citations to the CFR. For further and more 
specific information, please review the IUR reporting regulations 
beginning at 40 CFR 710.43.

E. How Do I Get a 2006 Reporting Package?

    Materials and other information needed to report under the 2006 IUR 
are available from the Agency's Internet homepage,http://www.epa.gov/oppt/iur. The IUR website Documents, Tools, and Resources page contains 
information, software, and documents needed to

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report in 2006. The eIUR reporting software is a downloadable software 
program to enable you to electronically complete and submit the IUR 
reporting form (Form U). The Instructions for Reporting provides 
guidance for completing the 2006 Form U. In addition, the presentation 
used during a past EPA IUR training workshop is available on the 
website.
    In an effort to streamline the reporting process, reduce 
administrative costs, and accelerate processing, the Agency is relying 
more heavily on electronic methods of information dissemination and 
collection. In the past, EPA mailed a reporting package to persons who 
reported during the previous IUR reporting period. EPA is no longer 
mailing such a package, and is instead relying on the Internet for 
disseminating reporting information. If you do not have access to the 
Internet, traditional hard copies or CD ROMs containing the eIUR 
software or guidance documents will be made available through the TSCA 
Hotline listed under Unit I.B.

F. How Do I Submit My Report?

    The regulation at 40 CFR 710.39 requires submitters to report using 
EPA's Form U. Submitters may report using the printed or the electronic 
2006 Form U, although electronic reporting is preferred. Reporting 
options are further described on EPA's Internet website at www.epa.gov/oppt/iur under ``Reporting Options and Deadline.''
    i. Electronic reporting. Instructions for electronic reporting are 
contained in the eIUR software and in the Instructions for Reporting. 
Electronic reporting consists of two steps. Electronic reporters are 
required to use the eIUR reporting software to develop a validated, 
correctly formatted, and encrypted data file. Once the software has 
completed the data file, the user will be provided with directions for 
submitting the data file. The data file can be delivered to EPA on a CD 
ROM or can be submitted through the Internet using the Agency's Central 
Data Exchange (CDX). Note that registration is required to submit 
through CDX. Please allow 2 weeks for the registration process. The 
eIUR software contains everything you need to report.
    Because electronic reporting reduces the chances of errors in 
reporting and reduces resources needed to report and process reports, 
EPA is encouraging submitters to use the reporting software and file 
through the Internet using CDX or on a CD ROM.
    ii. Paper reporting. Your completed Form U can be printed using the 
eIUR software. Form U is also available as a PDF on EPA's website or 
upon request from the TSCA Hotline at the address listed above.

G. Where Do I Submit My 2006 Report?

    Instructions for submitting your report are included in the eIUR 
software and in the Instructions for Reporting. Reports can be 
submitted in two ways.
    i. Using the Internet. You can submit your completed Form U through 
the Internet using EPA's CDX. To register with CDX, go to the CDX 
homepage at www.epa.gov/cdx. Click on ``Log-in to CDX'' and then 
``Registration.'' Allow 2 weeks for the registration process. Once 
registered, follow the directions in the eIUR software to submit your 
report. The eIUR software must be used to submit through the Internet.
    ii. By mail or delivery service. You can submit your completed Form 
U either on a CD ROM or on paper. Mail your submission to OPPT IUR 
Submission Coordinator, Mail code 7407M, ATTN: Inventory Update 
Reporting, Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 
If using a delivery service, please deliver your submission to OPPT IUR 
Submission Coordinator, Attn: Inventory Update Reporting, U.S. 
Environmental Protection Agency, Office of Pollution Prevention and 
Toxics, EPA East Bldg., Room 6428, 1201 Constitution Avenue, NW., 
Washington, DC.

H. What Happens If I Fail to Report During the 2006 Reporting Period?

    If you fail to report as required, the Agency can take 
enforcementaction against you. Section 16 of the Act provides that any 
person whoviolates a provision of TSCA shall be liable to the United 
States for acivil penalty not to exceed $25,000 for each such 
violation.

I. Does this Action Involve Any New Information Collection Activities, 
Such as Reporting, Recordkeeping, or Notification?

    No. The information collection requirements contained in 40 CFR 
part 710, subpart C, have already been approved by the Office of 
Management and Budget (OMB) pursuant to the Paperwork Reduction Act 
(PRA), 44 U.S.C. 3501 et seq., under OMB control number 2070-0070 (EPA 
ICR No. 1884.03). The annual public burden for this collection of 
information is estimated at 560 hours per response for organic 
chemicals, and 265 hours per response for inorganic chemicals. Under 
the PRA, ``burden'' means the total time, effort or financial resources 
expended by persons to generate, maintain, retain, or disclose 
information to or for a Federal agency. For this collection, it 
includes the time needed to review instructions, search existing data 
sources, gather and maintain the data needed, and complete and review 
the collection of information. An agency may not conduct or sponsor and 
a person is not required to respond to, a collection of information 
unless it displays a currently valid OMB number. The OMB control number 
for this information collection appears above. In addition, the OMB 
control numbers for EPA's regulations, after initial display in the 
final rule, are listed in 40 CFR part 9 and appear on any form that is 
required to be used.
    Send any comments on the accuracy of the provided burden estimates, 
and any suggested methods for minimizing respondent burden, including 
through the use of automated collection techniques to the Director, 
Regulatory Information Division, Office of Policy, Economics and 
Innovation, U.S. Environmental Protection Agency, Mail Code 1806A, 1200 
Pennsylvania Ave., NW., Washington, DC 20460. Include the OMB control 
number in any correspondence. Send only comments on the accuracy of the 
burden estimates to this address. Do not send your 2006 IUR submission 
information to this address. Your 2006 IUR submission should be 
submitted in accordance with the reporting instructions. The 
instructions are included in the reporting software.

List of Subjects in 40 CFR Part 710

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


    Dated: August 28, 2006.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.

[FR Doc. E6-14993 Filed 9-8-06; 8:45 am]
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