[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Proposed Rules]
[Pages 49656-49707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19830]



[[Page 49655]]

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Part IV





Environmental Protection Agency





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40 CFR Parts 704, 710, and 711



TSCA Inventory Update Reporting Modifications; Proposed Rule

  Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / 
Proposed Rules  

[[Page 49656]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 704, 710, and 711

[EPA-HQ-OPPT-2009-0187; FRL-8833-5]
RIN 2070-AJ43


TSCA Inventory Update Reporting Modifications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Toxic Substances Control Act (TSCA) Inventory Update 
Reporting (IUR) rule enables EPA to collect and then make public 
critical information on the manufacturing, processing, and use of 
commercial chemicals, including current information on volumes of 
chemical production, manufacturing facility data, and how the chemicals 
are used. This information helps the Agency determine whether chemicals 
may be dangerous to people or the environment. EPA proposes to amend 
the TSCA IUR rule, thereby providing improved information for EPA to 
better identify and, where appropriate, take steps to manage risks 
associated with chemical substances and mixtures (referred to hereafter 
as chemical substances). Additionally, improved information would be 
available for the public. The IUR rule, promulgated under TSCA section 
8(a), requires manufacturers (including importers) of certain chemical 
substances on the TSCA Chemical Substance Inventory (TSCA Inventory) to 
report information about the manufacturing (including import), 
processing, and use of those chemical substances. EPA is proposing to 
require electronic reporting of IUR information and to modify IUR 
reporting requirements, including certain circumstances that trigger 
reporting, the specific data to be reported, the reporting standard for 
processing and use information, and Confidential Business Information 
(CBI) reporting procedures. These modifications would provide 
information to better address Agency and public information needs, 
improve the usability and reliability of the reported data, and ensure 
that data are available in a timely manner.

DATES: Comments must be received on or before October 12, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2009-0187, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     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 EPA-HQ-OPPT-2009-0187. 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 DCO's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2009-0187. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be CBI or 
other information whose disclosure is restricted by statute. Do not 
submit information that you consider to be CBI or otherwise protected 
through regulations.gov or e-mail. The regulations.gov website is an 
``anonymous access'' system, 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 regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the 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.
    Docket: All documents in the docket are listed in the docket index 
available at http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy. Publicly available docket materials are available 
electronically at http://www.regulations.gov, or, if only available in 
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA 
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of 
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number of the EPA/DC Public Reading Room 
is (202) 566-1744, and the telephone number for the OPPT Docket is 
(202) 566-0280. Docket visitors are required to show photographic 
identification, pass through a metal detector, and sign the EPA visitor 
log. All visitor bags are processed through an X-ray machine and 
subject to search. Visitors will be provided an EPA/DC badge that must 
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Susan Sharkey, Chemical Control Division, (7405M), 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: sharkey.susan @epa.gov.
     For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you manufacture 
(including manufacture as a byproduct) or import chemical substances 
listed on the TSCA Inventory. Potentially affected entities may 
include, but are not limited to:
      Chemical manufacturers and importers (NAICS codes 325 and 
324110; e.g., chemical manufacturing and processing and petroleum 
refineries).
      Chemical users and processors who may manufacture a 
byproduct chemical substance (NAICS codes 22, 322, 331, and 3344; e.g., 
utilities, paper manufacturing, primary metal manufacturing, and 
semiconductor and other electronic component manufacturing).
    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

[[Page 49657]]

assist you and others in determining whether this action might apply to 
certain entities. If you have any questions regarding the applicability 
of this action to a particular entity, consult the technical person 
listed under FOR FURTHER INFORMATION CONTACT.

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

    1. Submitting CBI. Do not submit CBI to EPA through 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 document 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 Action is the Agency Taking?

    In this action, EPA is proposing several amendments to the current 
IUR rule requirements, including moving the IUR rule text from 40 CFR 
part 710, subpart C, to a new part, 40 CFR part 711. Where applicable, 
the current regulatory text reference is followed by a parenthetical 
containing the proposed new reference. These amendments are described 
in more detail in Unit III.
     1. EPA is proposing to amend 40 CFR 710.59 (proposed 40 CFR 
711.35) to require electronic reporting of the IUR data, using an 
Agency-provided, web-based reporting software (e-IURweb) to submit IUR 
reports through the Internet to EPA's Central Data Exchange (CDX). 
After the final rule's effective date, paper submissions would no 
longer be accepted.
    2. EPA is proposing to enhance the reported manufacturing data and 
the processing and use data.
    3. EPA is proposing a new definition section in proposed 40 CFR 
711.3, revisions to the definition for manufacture and site, and other 
needed definitional modifications and additions.
    4. EPA is proposing to amend 40 CFR 710.53 (proposed 40 CFR 711.20) 
to change the reporting frequency from every 5 years to every 4 years.
    5. EPA is proposing to amend 40 CFR 710.48(a) (proposed 40 CFR 
711.8(a)) to modify the method used to determine whether a manufacturer 
or importer is subject to IUR reporting. Reporting would be required if 
the production volume of a chemical substance met or exceeded the 
25,000 pound (lb.) threshold in any calendar year since the last 
principal reporting year (e.g., 2005).
    6. EPA is proposing to amend 40 CFR 710.52(c) (proposed 40 CFR 
711.15(c)) to eliminate the 300,000 lb. threshold for processing and 
use information, thereby requiring all reporters of non-excluded 
chemical substances to report information in all parts of the IUR 
reporting form (Form U).
    7. EPA is proposing to amend 40 CFR 710.48(a) (proposed 40 CFR 
711.8(a)) to eliminate the 25,000 lb. threshold for certain chemical 
substances that are the subject of particular TSCA rules and/or orders 
and to require manufacturers (including importers) of such chemical 
substances to report under the IUR rule, regardless of the production 
volume.
    8. EPA is proposing to amend 40 CFR 710.46 (proposed 40 CFR 711.6) 
to make chemical substances for which an enforceable consent agreement 
(ECA) to conduct testing has been made under 40 CFR part 790 ineligible 
for exemptions, to provide a full exemption from IUR requirements for 
water, and to remove polymers that are already fully exempt from the 
partially exempt list of chemical substances at 40 CFR 710.46(b)(2)(iv) 
(proposed 40 CFR 711.6(b)(2)(iv)).
    9. EPA is proposing to amend 40 CFR 710.52(c) (proposed 40 CFR 
711.15(c)) to modify the reporting requirements of certain 
manufacturing data elements. Specifically, manufacturers (including 
importers) would be required to report:
    i. The name and address belonging to the parent company.
    ii. The current Chemical Abstracts (CA) Index Name, as used to list 
the chemical substance on the TSCA Inventory, as part of the chemical 
identity.
    iii. The production volume for each of the years since the last 
principal reporting year.
    iv. The production volume of a manufactured (including imported) 
chemical substance used at the reporting site.
    v. Whether an imported chemical substance is physically present at 
the reporting site.
    vi. The production volume directly exported and not domestically 
processed or used.
    vii. When a manufactured chemical substance, such as a byproduct, 
is being recycled, remanufactured, reprocessed, reused, or reworked.
    10. EPA is proposing to replace the ``readily obtainable'' 
reporting standard used for the reporting of processing and use 
information required by 40 CFR 710.52(c)(4) (proposed 40 CFR 
711.15(b)(4)) with the ``known to or reasonably ascertainable by'' 
reporting standard.
    11. EPA is proposing to amend 40 CFR 710.58 (proposed 40 CFR 
711.30) to require upfront substantiation when processing and use 
information required by 40 CFR 710.52(c)(4) (proposed 40 CFR 
711.15(b)(4)) is claimed as CBI.
    12. EPA is proposing to disallow confidentiality claims for 
processing and use data elements identified as not ``known to or 
reasonably ascertainable by'' (40 CFR 710.52(c)(4) (proposed 40 CFR 
711.15(b)(4))).
    13. EPA is proposing to revise the list of industrial function 
categories for the reporting of processing and use information. EPA is 
also proposing to amend 40 CFR 710.52(c)(4)(i)(C) (proposed 40 CFR 
711.15(b)(4)(i)(B)) to replace the 5-digit NAICS codes with 48 
Industrial Sectors (IS).
    14. EPA is proposing to amend 40 CFR 710.52(c)(4)(ii) (proposed 40 
CFR 711.15(b)(4)(ii)) to revise the list of consumer and commercial 
product categories for the reporting of consumer and commercial use 
information. EPA is also proposing to require the separate reporting 
for consumer or commercial categories and reporting of the number of 
commercial workers reasonably likely

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to be exposed to the subject chemical substance.
    15. EPA is proposing to eliminate the gaps in the ranges used to 
report concentration in 40 CFR 710.52(c)(3) and(c)(4) (proposed 40 CFR 
711.15(b)(3) and (b)(4)).

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 Substance Inventory (TSCA Inventory). The Agency 
maintains the Master Inventory File as the authoritative list of all 
the chemical substances reported to EPA for inclusion on the TSCA 
Inventory. In 1977, EPA promulgated a rule published in the Federal 
Register issue of December 23, 1977 (Ref. 1) 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) at 40 CFR part 710 published in the Federal 
Register issue of June 12, 1986 (Ref. 2) to facilitate the periodic 
updating of information on chemical substances listed on the TSCA 
Inventory and to support activities associated with the implementation 
of TSCA. In 2003, EPA promulgated extensive amendments to the IUR rule 
published in the Federal Register issue of January 7, 2003 (2003 
Amendments) (Ref. 3) to collect exposure-related information associated 
with the manufacturing, processing, and use of eligible chemical 
substances and to make certain other changes.
    Section 8(a)(1) of TSCA authorizes the EPA Administrator to 
promulgate rules under which manufacturers and processors of chemical 
substances must maintain such records and submit such information as 
the EPA Administrator may reasonably require. Section 8(a) of TSCA 
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 in effect under TSCA section 5(e), or that is 
the subject of relief 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 
(proposed 40 CFR part 711) is found at 40 CFR 704.3. Processors are not 
currently subject to the rules at 40 CFR part 710 (proposed 40 CFR part 
711).

C. What is the Current TSCA Inventory Update Reporting (IUR) Rule?

    The IUR rule, as modified by the 2003 Amendments, requires U.S. 
manufacturers (including importers) of chemical substances listed on 
the TSCA Inventory to report to EPA every 5 years the identity of 
chemical substances manufactured (including imported) during the 
reporting year in quantities of 25,000 lb. or greater at any single 
site they own or control (see 40 CFR part 710, subpart C). IUR data 
were collected five times prior to the 2003 Amendments: 1986, 1990, 
1994, 1998, and 2002, and one time after the 2003 Amendments, in 2006. 
EPA uses the TSCA Inventory and data reported under the IUR rule 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 Agency also makes the data available to the 
public, to the extent possible given CBI claims.
    Persons manufacturing (including importing) chemical substances are 
required to report information such as company name, site location and 
other identifying information, production volume of the reportable 
chemical substance, and exposure-related information associated with 
the manufacture of each reportable chemical substance. This exposure-
related information includes the physical form and maximum 
concentration of the chemical substance and the number of potentially 
exposed workers (40 CFR 710.52). Several groups of chemical substances 
are generally excluded from IUR reporting requirements: e.g., polymers, 
microorganisms, naturally occurring chemical substances, and certain 
natural gas substances (40 CFR 710.46).
    Manufacturers (including importers) of chemicals in larger volumes 
(i.e., 300,000 lb. or greater manufactured (including imported) during 
the reporting year at any single site) are required also to report 
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 associated with each 
process or use category; 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.
    The 2006 submission was the first instance where manufacturers 
(including importers) of inorganic chemical substances were required to 
report under the IUR rule. For the 2006 submission only, inorganic 
chemical substances were partially exempted from the IUR rule, and 
manufacturers of such chemicals were required to report the 
manufacturing information and not the processing and use information, 
regardless of production volume. A partial exemption means that a 
submitter is exempt from the processing and use reporting requirements 
described in 40 CFR 710.52(c)(4). Under the current rule, for future 
collections (i.e., for 2011 or 2016 IUR collections, etc.), the partial 
exemption for inorganic chemicals will no longer be applicable and 
submitters will report in the same manner as is required for organic 
chemicals, including processing and use information (40 CFR 
710.46(b)(3)). In addition, starting with the 2006 collection and for 
future collections, specifically listed petroleum process streams and 
other specifically listed chemical substances are partially exempt, and 
manufacturers of such chemical substances are not required to report 
processing and use information. These partial exemptions will continue 
in subsequent submission periods (including 2011), for as long as the 
chemical substances remain on these partial exemption lists (40 CFR 
710.46(b)(1) and (b)(2) (proposed 40 CFR 711.6(b)(1) and (b)(2)).
    Non-confidential data, including both searchable and separately 
downloadable databases and a 2006 IUR data summary report are available 
for public use on the IUR website (http://www.epa.gov/iur).

D. Why is the Agency Proposing Changes in the IUR Rule?

    EPA is proposing to modify the IUR rule to meet four primary goals:
    1. To tailor the information collected to better meet the Agency's 
overall information needs.
    2. To increase its ability to effectively provide public access to 
the information.
    3. To obtain new and updated information relating to potential 
exposures to a subset of chemical substances listed on the TSCA 
Inventory.
    4. To improve the usefulness of the information reported.
 EPA believes that expanding the range of chemical substances for which 
comprehensive information is to be reported and adjusting the specific 
reported information, the method and

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frequency of collecting the information, and CBI requirements will 
accomplish these goals.
    These goals are supported by a policy outlined in TSCA section 2, 
which is that ``adequate data should be developed with respect to the 
effect of chemical substances and mixtures on health and the 
environment and that the development of such data should be the 
responsibility of those who manufacture and those who process such 
chemical substances and mixtures'' (TSCA section 2(b)(1)). 
Modifications to the IUR requirements by the 2003 Amendments provided 
many improvements to the data collected through that rule, and EPA's 
efforts to use the 2006 IUR data have identified areas where further 
improvements are needed. The modifications described in this proposed 
rule would change some of the reporting requirements in an effort by 
EPA to:
      Ensure the required information is properly reported and 
that the information in the Agency's database reflects the information 
provided in the IUR reports.
      Increase the usability of the collected information.
      Increase the availability of information for the public.
      Focus reporting on information that is most needed by the 
Agency.
 In addition, these proposed changes will enable EPA and other Federal 
agencies to improve their risk screening capabilities, enabling them to 
better assess and manage risk, and improving public awareness of basic 
information about a large number of chemical substances.
    EPA provided reporting software for the 2006 IUR submission period 
and encouraged electronic reporting through the Internet, using the 
Agency's CDX. EPA's experience with populating the IUR database and 
with using the 2006 IUR data provided insight into how well both the 
reporting software and submission methods worked. For instance, because 
of validations built into the reporting software, electronic 
submissions were able to be quickly assimilated into the IUR database. 
Other forms of submission required the documents to be scanned in or 
hand entered, and resulted in many introduced errors during the data 
entry process. Additionally, for the 2006 IUR, certain types of 
submissions (e.g., joint submissions) could not be reported 
electronically. Other problems, such as incorrect chemical identities, 
delayed the incorporation of the data into the database, resulting in 
the Agency's inability to begin using the 2006 IUR data and providing 
public access. The proposed modifications associated with reporting 
methods and changes to the reporting software will better ensure the 
information reported to the Agency is accurate and in compliance with 
the IUR requirements.
    During the development of the 2003 Amendments, the Agency 
considered the data accuracy and reliability needed for screening level 
exposure analyses and took several steps to ensure the IUR data met 
those needs. Screening level data need not be precise, but should be 
accurate and reliable enough for the Agency to develop screening level 
assessments. The amended IUR rule supplies exposure-related information 
the Agency did not previously possess, recognizing that industry has a 
greater knowledge than EPA about its own operations and the uses of 
chemical substances it manufactures and sells.
    EPA's extensive use of the 2006 IUR data in the Agency's Existing 
Chemicals Program is representative of how EPA envisioned the data 
would be used when the 2003 Amendments were promulgated. In 2007, the 
Agency began to develop and post screening-level hazard, exposure, and 
risk characterizations for high production volume (HPV) chemicals, 
which are those chemicals produced nationally at aggregated volumes of 
one million lb. or more per year. In developing these 
characterizations, EPA identified areas where the IUR data collection 
can be improved and enhanced. Improvements would allow EPA to better 
identify and take follow-up action on chemical substances that may pose 
potential risks to human health or the environment.
    During its review of the IUR data, EPA identified numerous examples 
of CBI claims where the same or similar information to that claimed as 
CBI was already available to the public. In several cases, information 
on production volume and uses for a chemical substance or group of 
chemical substances was claimed CBI on Form U, while the same or 
similar information was submitted voluntarily by the company without 
such a claim under the HPV Challenge Program. In those cases, EPA had 
previously made the information publicly available through the High 
Production Volume Information System (HPVIS) or on EPA's Existing 
Chemicals website. Correct designation of reported information as non-
confidential will facilitate reporting of this information to the 
public.
    EPA Administrator Lisa P. Jackson has made it a priority to 
strengthen the Agency's chemical management program, including the 
development of new Regulatory Risk Management Actions, the development 
of Chemical Action Plans targeting the Agency's risk management 
efforts, requiring the reporting of information needed to understand 
chemical risks, and increasing public access to information about 
chemical substances (Ref. 4). The IUR provides exposure-related data 
needed to understand chemical risks. The proposed modifications to the 
IUR rule would enhance the capabilities of the Agency to ensure risk 
management actions are taken on chemical substances which may pose the 
greatest concern. More in-depth reporting of the processing and use 
data, more careful consideration of the need for confidentiality 
claims, and adjustments to the specific data elements are important 
aspects of this action. By enhancing the data supplied to the Agency, 
EPA expects to more effectively and expeditiously identify and address 
potential risks posed by chemical substances and provide improved 
access and information to the public.
    An important and anticipated result of this action is that EPA 
would receive more publicly available, non-CBI information, therefore 
increasing the transparency and public accessibility of the chemical 
substance use and exposure information and ensuring consistency with 
the President's policy goals for government reliance on and public 
availability of scientific information.

III. Modifications Affecting All Manufacturers (Including Importers)

    As discussed in detail in Unit III.C., under this proposed rule, 
sites that manufactured (including imported) a reportable chemical 
substance in quantities of 25,000 lb. or more in any calendar year 
since the last IUR principal reporting year (e.g., 2005) would be 
required to complete all manufacturing (including production volume), 
processing, and use information for the principal reporting year (e.g., 
2010), plus production volume information for all the preceding years 
since the last IUR principal reporting year (e.g., 2006 through 2009, 
for the principal reporting year 2010). Draft detailed instructions for 
completing the IUR submission are available in the docket established 
for this rulemaking (Ref. 5).
    Persons making an IUR submission would be required to use e-IURweb, 
the Agency-provided web-based software designed to complete Form U (the 
IUR reporting form) and submit the information electronically over the 
Internet, through EPA's CDX. The 2011 e-IURweb will be similar in 
format to the 2006 e-IUR downloadable software,

[[Page 49660]]

and will include changes associated with the proposed amendments that 
are finalized, improved validation checks, and other improvements. A 
more detailed description of e-IURweb and the electronic submission 
process is provided in Unit III.B.
    The following discussion describes the proposed changes to the IUR 
rule contained in this proposed rule.

A. Technical Modifications to the Regulatory Text

    Currently, 40 CFR part 710 contains three subparts. Subpart A 
contains regulatory text associated with the original compilation of 
the TSCA Inventory; subpart B contains regulatory text associated with 
the IUR rule covering the update reporting in 2002; and subpart C 
contains the regulatory text associated with the IUR rule for 2006 and 
beyond. The chemical substances that are covered by the IUR rule are on 
the Master Inventory File, which includes chemical substances from the 
original TSCA Inventory compilation and those added subsequently 
through the notice requirements of TSCA section 5. Because the IUR rule 
applies to a list of chemical substances included on the original TSCA 
Inventory plus additional chemical substances added subsequently, and 
because the Agency from time to time has modified the IUR rule, the 
Agency believes the regulatory text associated with the IUR rule should 
be in its own section in the CFR, distinct from both the original TSCA 
Inventory rules and from the TSCA section 5 requirements. Where EPA is 
proposing to update the location of existing regulatory provisions, or 
to otherwise update regulatory provisions in a non-substantive fashion 
(e.g., to update cross-references to reflect the movement of referenced 
provisions) EPA does not thereby reopen the substance of such 
provisions for public comment, except where public comment is expressly 
requested.
    1. Moving the IUR regulatory text from 40 CFR part 710, subpart C, 
to 40 CFR part 711 and eliminating subpart divisions. Subpart C of 40 
CFR part 710, 40 CFR 710.43 to 710.59, contains the IUR regulatory 
text. EPA is proposing to move all of the subpart C text from 40 CFR 
part 710 to a new 40 CFR part 711 and would add a new scope and 
compliance section (40 CFR 711.1). Specific sections would be moved as 
follows: 40 CFR 710.43 would become 40 CFR 711.3; 40 CFR 710.45 would 
become 40 CFR 711.5; 40 CFR 710.46 would become 40 CFR 711.6; 40 CFR 
710.48 would become 40 CFR 711.8; 40 CFR 710.49 would become 40 CFR 
711.9; 40 CFR 710.50 would become 40 CFR 711.10; 40 CFR 710.52 would 
become 40 CFR 711.15; 40 CFR 710.53 would become 40 CFR 711.20; 40 CFR 
710.55 would become 40 CFR 711.22; 40 CFR 710.57 would become 40 CFR 
711.25; 40 CFR 710.58 would become 40 CFR 711.30; and 40 CFR 710.59 
would become 40 CFR 711.35. Because all of the text of subpart C would 
be moved to 40 CFR part 711, 40 CFR part 710 would no longer have a 
subpart C. Neither 40 CFR part 710 or 40 CFR part 711 would have any 
subparts.
    2. Consolidation of definitions. As part of moving the regulatory 
text from 40 CFR part 710, subpart C, to 40 CFR part 711, EPA is 
proposing to consolidate definitions copied from 40 CFR 710.3 and those 
currently found at 40 CFR 710.43 into the new 40 CFR 711.3, except 
where an appropriate definition is already in place in TSCA section 3 
or at 40 CFR 704.3, and an additional definition of the term in 40 CFR 
711.3 would therefore be unnecessarily duplicative. The definitions in 
TSCA section 3 and at 40 CFR 704.3 would be incorporated into 40 CFR 
711.3, except insofar as 40 CFR 711.3 provides a modified definition of 
a term also defined at 40 CFR 704.3.
    The term mixture is defined in both 40 CFR 710.3 and TSCA section 
3. For purposes of the IUR rule, EPA is proposing to incorporate the 
definition of mixture from TSCA section 3. The TSCA mixture definition 
differs from the definition in 40 CFR 710.3 and 40 CFR 720.3, the 
regulations used to determine the chemical substances listed on the 
TSCA Inventory, in that it does not specifically address hydrates. 
While hydrates are not addressed specifically in the definition, a 
hydrate is a mixture of water and an anhydrous chemical substance. As 
with mixtures in general, the individual components of the mixture may 
be separately reportable at the time of their manufacture or import. 
EPA believes, for purposes of the IUR rule, it is not necessary to 
include hydrates separately in the definition of mixture. The Agency 
would continue to include such a discussion in the instructions (Ref. 
5).
    Unit III.C. contains further discussions about changes to specific 
definitions, in relation to the modifications included in this proposed 
rule. A summary of all IUR-related definitions is available in the 
docket (Ref. 6).
    3. Delete non-isolated intermediate definition from 40 CFR 710.3. 
EPA added a definition to 40 CFR 710.43 for the term ``non-isolated 
intermediate'' as part of the 2003 Amendments. Subsequently, as part of 
the IUR Revisions Rule published in the Federal Register issue of 
December 19, 2005 (Ref. 7), EPA erroneously moved the definition to 40 
CFR 710.3 from 40 CFR 710.43. EPA is proposing to delete the definition 
from 40 CFR 710.3 as this definition was not associated with the 
original TSCA Inventory, and therefore does not belong in 40 CFR 710.3. 
A definition of this term, codified elsewhere at 40 CFR 704.3, would be 
incorporated into the IUR definitions at proposed 40 CFR 711.3.
    4. Deleting subpart B text. EPA is proposing to delete the 
regulatory text contained in 40 CFR part 710, 40 CFR 710.23 to 710.39 
(subpart B). This text refers to IUR submission periods of 2002 and 
earlier and is obsolete. As noted in 40 CFR 710.1, the Agency expressed 
its intent to remove subpart B once the 2002 update was complete.
    5. Deleting superfluous text associated with reporting production 
volumes. EPA is proposing to delete the phrase ``provided that the 
reported figures are within 10% of the actual volume'' from 
the production volume reporting requirements currently found in 40 CFR 
710.52(c)(3)(iv) (proposed 40 CFR 711.15(b)(3)(iv)). The revised 
wording would be ``This amount must be reported to two significant 
figures of accuracy.'' The deleted phrase is superfluous because any 
number reported accurately to two significant figures is within 10% of 
the correct value.
    6. Correcting text associated with reporting number of sites and 
number of workers. EPA is proposing to replace the phrase ``less than'' 
with the phrase ``fewer than'' in the ranges used to report the number 
of workers currently found in the table in 40 CFR 710.52(c)(3)(v) 
(proposed 40 CFR 711.15(b)(3)(vii)) and the number of sites currently 
found in the table in 40 CFR 710.52(c)(4)(i)(E) (proposed 40 CFR 
711.15(b)(4)(i)(E)). This proposed change would make the phrases 
describing the ranges grammatically correct.

B. Method of Submission

    The upcoming IUR submission period, during which submitters will be 
required to report the IUR information to EPA, will be June 1 to 
September 30, 2011. The Agency will make e-IURweb and associated 
guidance materials available to submitters prior to the start of the 
submission period. Draft instructions are included in the docket for 
this proposed rule.
    EPA is proposing to require the mandatory use of Agency-provided, 
web-based reporting software (e-IURweb) to complete Form U and CDX to 
submit the completed Form U to the

[[Page 49661]]

Agency. Users of CDX are required to register and to submit an 
authorized signature agreement.
    EPA accepted 2006 IUR submissions in several ways. Submissions 
could be completed and delivered electronically via the Internet and 
CDX, or submissions could be completed on paper or electronic media 
(i.e., as a file on a CD-ROM) and delivered by mail or a delivery 
service. Approximately one-third of the submissions were made 
electronically, and EPA was able to immediately process and quickly 
begin to use the information from those electronic submissions. 
Submissions sent as a file on a CD-ROM were printed and, along with 
paper submissions, scanned into an electronic system.
    Due mostly to the time and resources needed to review and correct 
submitter- and scanning-related errors associated with non-electronic 
submissions, EPA required over 2 years to validate and process the data 
from the 2006 IUR. The Agency had to take extra steps in order to 
correct the data during that period, such as accessing the original 
submission instead of the information in the IUR database. In addition, 
EPA released the public database in December 2008 without information 
on approximately 5% of the reported chemical substances due to the high 
error rate experienced with the 2006 IUR data collection and receipt. A 
large number of errors were created through the scanning process and 
required correction by hand, which was very labor intensive. The 
introduced errors included incorrectly scanned chemical identities and 
indications of whether a data element was claimed CBI. An incorrectly 
recorded CBI claim could lead to the inadvertent disclosure of 
confidential information or to the non-release of non-confidential 
information.
    EPA also detected significant errors not related to scanning on a 
substantial number of reporting forms and faced difficulties resolving 
issues pertaining to submissions with incorrect chemical identification 
information. Some of the errors included submitters not specifically 
identifying a chemical substance, providing chemical names and Chemical 
Abstracts Registry Numbers (CASRN) that did not match, or providing a 
CASRN that did not exist. Often, the submitted data did not conform to 
the reporting requirements described and explained in the IUR rule and 
2006 guidance documents.
    The 2006 IUR reporting software provided by the Agency contained a 
validation program designed to identify certain errors prior to 
submission. Sometimes a submitter used the software to prepare a 
submission, but printed the reporting form prior to completing the 
validation check because it was not able to pass the validation. Such 
reports typically contained incomplete or incorrect information, and 
EPA needed to contact the submitter or take other steps to correct the 
data prior to entering it into the database.
    EPA believes the proposed requirement to use e-IURweb to report 
electronically would eliminate problems related to the scanning of 
paper documents, incorrect chemical identities, and other errors 
introduced by the submitter. These errors substantially delayed the 
availability of the IUR information to both internal EPA programs, such 
as the Existing Chemicals Program, and the public.
    1. Updated e-IURweb reporting software. EPA developed e-IUR 
reporting software for use in preparing and submitting reports 
electronically during the 2006 IUR submission period (see http://www.epa.gov/iur/tools/software.html). For the 2011 IUR submission 
period, EPA will provide a free web-based application in place of the 
2006 downloadable software. The 2011 e-IURweb software will feature 
several enhancements over the 2006 e-IUR software. These improvements 
include a sophisticated validation system, which would alert users when 
a required field on the form is either missing information or contains 
certain kinds of potentially incorrect information. Other updates are 
expected to include automated chemical identity checks, automated 
company and site identity checks, and the facilitation of joint 
submissions and amendments.
    2. Require electronic submissions over the Internet. EPA is 
proposing to require that manufacturers (including importers) submit 
their IUR reports to the Agency through CDX via the Internet. EPA would 
require that all submissions be generated using e-IURweb, as described 
in Unit III.B.1. Electronic submissions would ensure that IUR data will 
have completed a basic validation check, could be quickly incorporated 
into a database and ready for immediate Agency use, and would not be 
subject to subsequent data entry errors. Furthermore, EPA believes the 
required use of e-IURweb and CDX would reduce the reporting burden on 
industry by reducing both the cost and the time required to review, 
edit, and transmit data to the Agency. After the final rule's effective 
date, EPA would no longer accept paper submissions or electronic media 
(i.e., as a file on a CD-ROM) for any IUR submission.
    EPA is proposing that submission of IUR data through CDX become 
EPA's required submission method for several reasons. Electronic 
submission enables EPA to notify the submitter that the Agency has 
received its submission, it reduces reporting errors, and it enables 
data to be available for Agency and public use more quickly. During the 
comment period for the renewal of the Information Collection Request 
(ICR), which was published in the Federal Register issue of September 
5, 2008 (Ref. 8), EPA received positive comments regarding the use of 
CDX, the encrypted Internet submission process, and the ability to use 
a secure electronic signature method to submit IUR reports.
    EPA requests comment on whether there are circumstances in which a 
company may not have Internet access to report IUR data electronically.
    3. Electronic signature process. In order to submit electronically 
to EPA via CDX, individuals acting on behalf of the submitter must 
first register with CDX. CDX registration is a requirement for all 
electronic submissions using CDX and is not being introduced with this 
proposal. During the 2006 IUR, submitters were required to complete an 
Electronic Signature Agreement (ESA) and to submit the agreement in 
hard copy with a wet ink signature to EPA in order to complete the CDX 
registration (Ref. 9). There was confusion among some submitters 
regarding the correct identity of the individual eligible to register 
for CDX and the individual required to sign the ESA.
    EPA is making changes to the registration process in order to 
address problems identified during the 2006 IUR electronic reporting. 
For 2011 IUR reports, EPA is modifying the 2006 ESA to identify more 
clearly the individual(s) required to sign the agreement. The Agency is 
developing an ESA process similar to that of the New Chemical Program 
electronic submissions (Ref. 10). Each IUR submission must have an 
authorized official associated with the submission, who is the person 
signing the certification statement and submitting the IUR report via 
CDX. The authorized official would need to complete both an ESA and the 
CDX registration process.
    EPA is requesting comment on whether some reporting sites may need 
or desire to have more than one individual complete an ESA, so that 
other individuals could add information to the IUR submission. The 
other individual may be a paid employee of the company, an outside 
consultant for the company, or an authorized representative agent for 
the company. While this individual would not be able to sign the 
certification statement required for the IUR submission, he or

[[Page 49662]]

she would be able to provide additional information, if needed, using 
CDX. For 2006 and prior IUR submissions, submitters were not able to 
provide additional information electronically.
    EPA is considering developing a single ESA and CDX registration 
process that would be applicable to all TSCA programs. EPA believes a 
company or site may want to use the same authorized official for both 
Premanufacture Notice (PMN) submissions and IUR submissions. EPA is 
interested in obtaining comments on this approach. For example, would 
the authorized official responsible for signing both an IUR submission 
and a PMN submission be the same person?

C. Modifications to Selected Definitions

    As part of developing the definition section for 40 CFR part 711, 
EPA is proposing to modify six definitions associated with the IUR rule 
and to add four new definitions. In 40 CFR 704.3 and 40 CFR 710.3, EPA 
is also proposing to modify the definition of importer by removing the 
citation to 19 CFR 1.11. The citation, which would correctly read 19 
CFR 101.1, is not needed for this definition because it does not add 
additional information to the definition of importer.
    1. Manufacture and manufacturer. In order to improve the 
information submitted through the IUR rule, EPA is proposing to modify 
the definition of manufacture by incorporating elements from the 40 CFR 
720.3 definition for manufacturer. The proposed 40 CFR 711.3 definition 
of manufacture would allow persons contracting with a toll manufacturer 
to report the chemical physically manufactured at the toll 
manufacturer's site. Under the proposed definition of site, the site 
information would be the toll manufacturer's site (see Unit III.C.2.). 
Adopting this definition would allow the person contracting for the 
manufacture of a chemical substance to report the information on the 
industrial processing and use of a chemical substance and on the 
consumer and commercial uses of a product containing the chemical 
substance. Information on the uses of a chemical substance is often 
unavailable to a toll manufacturer who produces a chemical substance 
for another person. EPA is proposing to include a modified definition 
of manufacture in 40 CFR 711.3 instead of adopting the definition of 
manufacturer from 40 CFR 720.3 because the IUR rule does not use the 
term manufacturer. In order to avoid any confusion with the definitions 
of these terms found at 40 CFR 704.3, the Agency is also proposing to 
add a simple definition for the term manufacturer to 40 CFR 711.3. In 
addition to the proposed change to the definition of manufacture, EPA 
is proposing to add a paragraph (c) to the proposed regulation at 40 
CFR 711.22 to clarify the reporting relationship between the 
contracting company and the toll manufacturer. The contracting company 
is primarily responsible for the IUR reporting, but in the event the 
contracting company does not report, the toll manufacturer must report. 
Both the contracting company and the toll manufacturer are liable if no 
report is made. Note that the contracting company and the toll 
manufacturer should confer with each other to avoid duplicate 
reporting.
    With this proposal, the term manufacture therefore would be defined 
under the IUR rule to mean ``to manufacture, produce, or import for 
commercial purposes. Manufacture includes the extraction, for 
commercial purposes, of a component chemical substance from a 
previously existing chemical substance or a complex combination of 
substances. When a chemical substance, manufactured other than by 
import, is:
    (1) Produced exclusively for another person who contracts for such 
production.
    (2) That other person specifies the identity of the chemical 
substance and controls the total amount produced and the basic 
technology for the plant process, that chemical substance is jointly 
manufactured by the producing manufacturer and the person contracting 
for such production.''
Also with this proposal, the term manufacturer would be defined under 
the IUR rule to mean ``a person who manufactures a chemical 
substance.''
    2. Site. EPA is proposing to amend the definition of site to:
    i. Clarify that the importer's site must be a U.S. address.
    ii. Accommodate manufacturing under contract.
    iii. Accommodate portable manufacturing units.
See Unit III.I. for a further discussion of this proposal as it relates 
to importers. As described in Unit III.C.1., the proposed 40 CFR 711.3 
definition of manufacture would allow persons contracting with a toll 
manufacturer to report the chemical substance physically manufactured 
at the toll manufacturer's site and the site identification information 
pertaining to the toll manufacturer's site.
    EPA identified the need to accommodate portable manufacturing units 
during the 2006 IUR submission period. Two examples of portable 
manufacturing units are tanks used to manufacture calcium hydroxide 
slurry for use in building construction and road and highway projects, 
and tanks used to mix anhydrous ammonia and water to manufacture 
ammonium hydroxide prior to application to agricultural lands. EPA is 
interested in including chemical substance manufacturing that is, for 
instance, performed by road crews or is occurring at construction sites 
at which chemical substances are mixed on site in such a manner to 
create a different chemical substance, e.g., asphalt emulsifiers. The 
site of physical manufacturing could change on a frequent basis. 
Manufacturers would report the aggregated production volume for all of 
the portable manufacturing units sent out to different locations from a 
single distribution center. The address of the distribution center 
would be reported as the site location. EPA is interested in comments 
on whether the proposed definition addressing portable manufacturing 
units would result in reporting, under the IUR rule, for situations 
similar to those presented as examples.
    With this proposal, the term site would be defined under the IUR 
rule to mean ``a contiguous property unit. Property divided only by a 
public right-of-way shall be considered one site. More than one plant 
may be located on a single site.
    (a) For chemical substances manufactured under contract, i.e., by a 
toll manufacturer, the site is the location where the chemical 
substance is physically manufactured.
    (b) The site for an importer who imports a chemical substance 
described in 40 CFR 711.5 is the U.S. site of the operating unit within 
the person's organization that is directly responsible for importing 
the chemical substance. The import site, in some cases, may be the 
organization's headquarters in the United States. If there is no such 
operating unit or headquarters in the United States, the site address 
for the importer is the U.S. address of an agent acting on behalf of 
the importer who is authorized to accept service of process for the 
importer.
    (c) For portable manufacturing units sent out to different 
locations from a single distribution center, the distribution center 
shall be considered the site.''
    3. Electronic-reporting related definitions. EPA is proposing to 
add two new terms, Central Data Exchange (CDX) and e-IURweb. The Agency 
is adding these terms to provide clarity to the proposed requirement 
for electronic reporting of IUR data. The term CDX means ``EPA's 
centralized electronic

[[Page 49663]]

document receiving system, or its successors, including associated 
instructions for registering to submit electronic documents.'' The new 
definition would make the term consistent with the new PMN definition. 
The term e-IURweb means the ``electronic, web-based IUR software 
provided by EPA for the completion and submission of the IUR data.''
    4. Processing and use-related definitions. EPA is proposing to 
amend the definitions of the terms commercial use and consumer use in 
order to make them more consistent with the definitions developed 
collaboratively by the United States and Canada. See Unit III.F.8. for 
further information. The proposed definitions for these two terms 
differ in wording from the Canadian version to ensure the use of 
terminology defined in IUR and related regulations, and EPA believes 
the basic application of these two terms would not differ from the 
basic application of the Canadian definitions (Ref. 11). The term 
commercial use would mean ``the use of a chemical substance or a 
mixture containing a chemical substance (including as part of an 
article) in a commercial enterprise providing saleable goods or 
services.'' Examples included in the 40 CFR 710.43 definition would be 
eliminated. The slightly modified definition of consumer use would be 
``the use of a chemical substance or a mixture containing a chemical 
substance (including as part of an article) when sold to or made 
available to consumers for their use.'' The restrictions associated 
with where a consumer would use the product would be removed.
    EPA is proposing to add a definition for the term industrial 
function. For the 2006 IUR, EPA defined industrial use and did not 
define industrial function. The inclusion of both definitions provides 
clarity for the industrial processing and use reporting requirements 
and would make the Agency's requirements consistent with those 
collaboratively developed with Canada (Ref. 11). Additional discussion 
of those requirements is in Unit III.F.7. With this proposal, 
industrial function would mean ``the intended physical or chemical 
characteristic for which a chemical substance or mixture is consumed as 
a reactant; incorporated into a formulation, mixture, reaction product, 
or article; repackaged; or used.''
    5. Principal reporting year and submission period. As described in 
Unit II.A., EPA is proposing to change the reporting cycle from every 5 
years to every 4 years and to require the reporting of production 
volumes for each calendar year since the last principal reporting year. 
EPA is proposing to modify the terms reporting year and submission 
period to reflect these changes.
    The term reporting year would be modified to add the term 
``principal'' and to replace the word ``information'' with 
``manufacturing, processing and use data.'' These changes are to 
indicate that the principal reporting year is the year in which most of 
the reported data are based. Under the current proposal, the principal 
reporting year is the latest complete calendar year preceeding the 
submission period. Additionally, EPA is proposing to remove the 
reference to ``the calendar year at 5-year intervals thereafter'' and 
to remove the reference to ``calendar year 2005.'' With these changes, 
the term principal reporting year would be defined as ``the lastest 
complete calendar year preceding the submission period.''
    The term submission period would be modified by deleting the phrase 
``generated during the reporting year.'' With this change, the 
definition of submission period would reflect that data for years in 
addition to the principal reporting year would be reported. With this 
change, the definition of submission period would mean ``the period in 
which manufacturing, processing, and use data are submitted to EPA.''

D. Modifications to Reporting Thresholds

    Reporting thresholds are used to determine when IUR reporting is 
required for a subject chemical substance at a manufacturing (including 
importing) site. Every person manufacturing (including importing) a 
non-excluded chemical substance at or above the 25,000 lb. threshold is 
required to report information in Parts I and II of Form U. Beginning 
with the 2006 IUR submission period, every person manufacturing 
(including importing) a non-excluded chemical substance at or above the 
300,000 lb. threshold was required to report information in Part III of 
Form U, unless the chemical substance was partially exempt. EPA is 
proposing three changes related to the reporting thresholds:
     Determination of whether you meet the 25,000 lb. 
threshold.
     Elimination of the 300,000 lb. threshold for reporting 
information in Part III of Form U.
     Elimination of the 25,000 lb. threshold for certain 
chemical substances.
    1. Method for determining whether a person is subject to IUR 
reporting requirements. Currently, a 1-year snap shot of manufacturing 
(including importing) is used to determine the need to report for the 
IUR rule. The method used to make the reporting determination involves 
identifying that a person manufactured (including imported) a chemical 
substance listed on the TSCA Inventory during the principal reporting 
year (e.g., 2005 for the 2006 IUR submission period); that the chemical 
substance was not otherwise exempt; and that the associated production 
volume (domestically manufactured plus imported volumes) met or 
exceeded 25,000 lb. for the principal reporting year (e.g., 2005 for 
the 2006 IUR submission period).
    EPA is proposing to modify the method used to determine whether a 
person is subject to IUR reporting. The proposed method would be to 
determine whether, for any calendar year since the last principal 
reporting year, a chemical substance was manufactured (including 
imported) at a site in production volumes of 25,000 lb. or greater. The 
proposed method would be effective after the 2011 IUR submission 
period.
    For example, assume the next submission period occurs in 2015. The 
principal reporting year for the 2011 IUR submission period is calendar 
year 2010. Therefore, for the 2015 IUR submission period, it would be 
necessary to examine the annual production volumes for the years 2011 
to 2014 for the site. If the production volume for a reportable 
chemical substance were 25,000 lb. or greater for any calendar year 
during that 4-year period, then it would be necessary to report the 
chemical substance, unless it were otherwise exempt. For instance, a 
subject chemical substance with production volumes of 5,000 lb. in 2014 
and 35,000 lb. in 2012 would be reported for the 2015 IUR. Regardless 
of the 2014 production volume, in this example scenario the 2015 IUR 
submission would contain detailed information based on manufacturing 
during the 2014 calendar year and production volume information only 
for the years 2011 through 2013, as described in Unit III.F.4.i.
    EPA is proposing this change because of the mounting evidence that 
many chemical substances, even larger volume chemical substances, often 
experience wide fluctuations in manufacturing volume from year to year. 
This can result in the production volume of a chemical substance 
exceeding the threshold for several years, then falling below the 
threshold during the IUR principal reporting year. Consequently, 
previous IUR reporting has resulted in a change of

[[Page 49664]]

approximately 30% in the composition of the chemical substances being 
reported from one submission period to the next. Therefore, the 1-year 
snapshot of production volume does not provide an accurate picture of 
the chemical substances in commerce, and may provide an erroneous view 
of the exposure scenarios associated with a particular chemical 
substance.
    An example of the wide fluctuations in manufacturing volume is 
found in the Agency's HPV Challenge Program (described in Unit 
III.D.1.). In this program, IUR data were used to determine the HPV 
chemical substances, or the chemical substances with nationally 
aggregated production volumes of one million lb. or more. As the HPV 
Challenge Program progressed, the Agency chose not to pursue certain 
chemical substances because new IUR reporting indicated that the 
nationally aggregated production volume had dropped below one million 
lb. However, based on the latest IUR, the production volume for some of 
the chemical substances the Agency was no longer pursuing had risen 
again to exceed one million lb.
    Industry representatives have provided further evidence that 
capturing production volume for only the principal reporting year is 
resulting in the omission of information on chemical substances in 
current production. In comments submitted to the Agency in response to 
other programs, the industry representatives expressed concern that 
short reporting determination periods would drastically misrepresent 
the chemical substances that currently are in commerce. Industry 
representatives stated they manufactured or imported some chemical 
substances only occasionally, and that these chemical substances would 
not be captured if the reporting covered too short a period. Comments 
included statements such as ``A longer time frame is necessary to 
capture the sporadically produced chemicals... As such, a `snapshot' in 
time may not adequately identify the complete inventory 
requirements...'' (Ref. 12). Another commenter agreed a longer 
timeframe to report chemical substances would capture those chemical 
substances that undergo periodic manufacture based upon customer-driven 
demand or other factors (e.g., variation in availability or cost of raw 
materials, cost of substitute materials, etc.) (Ref. 13) or chemical 
substances that are used infrequently and upon request when working 
with suppliers (Ref. 14).
    In light of these comments and EPA's own experiences, the Agency 
believes that using production volume reporting for all years since the 
last principal reporting year to determine reporting obligations would 
yield a much more accurate picture of the chemical substances currently 
in commerce, ensuring proper review under EPA's risk screening, 
assessment, and management activities and providing better information 
to the public. EPA presents the estimated increase in industry costs 
and burden associated with this proposed amendment in Section 4.4.3 of 
the Economic Analysis (Ref. 15).
    EPA requests comments on alternatives that would provide an equally 
accurate picture of chemical production, and whether 25,000 lb. in any 
1 year is the appropriate reporting threshold. EPA also requests 
comment on whether this change should apply only to certain regulated 
chemical substances (see Unit III.D.3.).
    2. Eliminate 300,000 lb. threshold for processing and use 
information. EPA is proposing to eliminate the 300,000 lb. threshold 
for processing and use information, thereby requiring all reporters of 
non-excluded chemical substances to report information in all parts of 
Form U. EPA is proposing to eliminate this reporting threshold in order 
to collect information necessary to complete screening-level exposure 
characterizations for IUR reportable chemical substances. The exposure 
information is an essential part of developing risk evaluations and, 
based on its experience in using this information, the Agency believes 
that collecting this exposure information is critical to its mission of 
characterizing exposure, identifying potential risks, and noting 
uncertainties for these lower production volume chemical substances. In 
addition, this change will provide the public with information on a 
greater number of chemical substances. In the 2003 Amendments final 
rule (Ref. 3), EPA acknowledged the value of information for chemical 
substances manufactured in lower volumes and stated that if the Agency 
were to find it necessary in the future, it would collect information 
on chemical substances at reporting thresholds below the thresholds 
that were introduced in that action (i.e., 25,000 lb. and 300,000 lb.).
    The current 300,000 lb. threshold applies to each reportable 
chemical substance manufactured (including imported) at each individual 
reporting site and was selected with the intention that exposure-
related processing and use information would be collected for HPV 
chemical substances. When EPA promulgated the 2003 Amendments, the 
Agency believed a 300,000 lb. per year site-specific reporting 
threshold would capture sufficient exposure-related information for 
substantially all HPV chemical substances. However, based on the 2006 
data, approximately 23% of the reports submitted for known HPV chemical 
substances had reported production volumes below the 300,000 lb. 
threshold, and consequently did not contain exposure-related processing 
and use information. Therefore, EPA believes that the 300,000 lb. 
threshold was too high to provide sufficient processing and use data 
for the HPV chemical substances. The Agency explored setting the 
threshold for reporting processing and use information to an alternate 
level between the basic reporting threshold of 25,000 lb. and 300,000 
lb. for this action, and requests comment on alternate levels. However, 
the need to complete characterizations for chemical substances 
manufactured (including imported) in volumes of 25,000 lb. to 300,000 
lb. in any year led the Agency to believe that it would be best to 
eliminate the upper threshold and collect full information for all 
reported chemical substances. EPA presents the estimated increase in 
industry costs and burden associated with this proposed amendment in 
Section 4.4.4 of the Economic Analysis (Ref. 15).
    3. Elimination of the 25,000 lb. threshold for certain regulated 
chemical substances. EPA is proposing to eliminate the 25,000 lb. 
reporting threshold for certain chemical substances that are the 
subject of particular TSCA rules and/or orders and to require 
manufacturers (including importers) of such chemical substances to 
report under the IUR rule, regardless of the production volume. This 
provision will ensure the availability of current information when EPA 
has expressed a concern in the form of regulatory action on those 
chemical substances, regardless of the production volume. EPA is 
proposing to eliminate the 25,000 lb. threshold for those chemical 
substances that are:
     The subject of a rule promulgated under TSCA section 
5(a)(2), 5(b)(4), or 6,
     The subject of an order issued under TSCA section 5(e) or 
5(f), or
     The subject of relief that has been granted under a civil 
action under TSCA section 5 or 7.
    Under this proposal, for the 2011 IUR submission cycle, a 
manufacturer, including importer, of such chemical substances would be 
required to report information on the manufacturing, processing, and 
use of the chemical substances if it manufactured (including imported) 
any quantity of these

[[Page 49665]]

chemical substances during the principal reporting year (i.e., 2010) 
and would report the production volumes for each year from 2006 to 2010 
and the full manufacturing, processing, and use information for 2010. 
For subsequent IUR submission cycles, a manufacturer, including 
importer, of such chemical substances would be required to report 
information on the manufacturing, processing, and use of the chemical 
substances if it manufactured (including imported) any quantity of 
these chemical substances during any of the years since the last 
principal reporting year, including quantities under 25,000 lb. For 
2015 reporting, the manufacturer would need to consider the manufacture 
or import during the years 2011 through 2014; would report the 
production volumes for each year from 2011 to 2014; and would report 
the full manufacturing, processing, and use information for 2014.
    Chemical substances that are the subject of particular TSCA rules 
and/or orders are of demonstrated high interest to the Agency. EPA will 
use the IUR data associated with these regulated chemical substances to 
monitor chemical substance production and compliance with the rules.
    EPA requests comment on whether these chemical substances should 
include those that are the subject of a rule proposed under TSCA 
section 5(a)(2), 5(b)(4), or 6, thereby more closely paralleling the 
exception language in the introductory paragraph to 40 CFR 710.46 
(proposed 40 CFR 711.6) and in 40 CFR 710.49 (proposed 40 CFR 711.9).
    EPA presents the estimated increase in industry costs and burden 
associated with this proposed amendment in Section 4.4.5 of the 
Economic Analysis (Ref. 15).
    EPA requests comment on whether a de minimus production volume 
threshold should be set for these chemical substances. EPA also 
requests comment on how best to set such a de minimus threshold.

E. Changes to Chemical Substances Covered by IUR

    1. Water. Naturally occurring water is excluded from reporting 
under the IUR rule, but manufactured water, which is not naturally 
occurring, is a reportable chemical substance. EPA is proposing to 
fully exempt all (both naturally occurring and manufactured) water 
(CASRN 7732-18-5) and to remove water from the petroleum streams 
partial exemption (40 CFR 710.46(b)(1)).
    EPA received approximately 43 IUR reports for water during the 2006 
submission period. Therefore, this proposed exemption would likely 
result in a burden reduction for IUR submitters.
    2. Remove fully exempt polymers from partially exempt list. 
Polymers are a class of chemical substances for which IUR reporting is 
not required (40 CFR 710.46(a)(1)) (proposed 40 CFR 711.6(a)(1)). 
However, three polymers are listed in the partially exempt list of 
chemical substances at 40 CFR 710.46(b)(2)(iv): Starch (CASRN 9005-25-
8), Dextrin (CASRN 9004-53-9), and Maltodextrin (CASRN 9050-36-6). 
Improperly including chemical substances that meet the IUR definition 
of a polymer in the partially exempt list of chemical substances may be 
confusing to submitters and may lead to unnecessary reporting for these 
chemical substances. EPA is proposing to amend the partially exempt 
list of chemical substances at 40 CFR 710.46(b)(2)(iv) (proposed 40 CFR 
711.6(b)(2)(iv)) to remove these three chemical substances which, as 
polymers, are fully exempt from reporting.
    3. Making chemical substances that are the subject of an 
Enforceable Consent Agreement (ECA) ineligible for exemptions. EPA may 
enter into an ECA, pursuant to procedures at 40 CFR part 790, with a 
manufacturer of a chemical substance to obtain testing where a 
consensus exists among EPA, affected manufacturers and/or processors, 
and interested members of the public concerning the need for and scope 
of testing. Chemical substances covered by ECAs are of demonstrated 
high interest to EPA. The Agency has an interest in identifying the 
manufacturing, processing, and use of chemical substances under such 
agreements, and therefore is proposing to require that such chemical 
substances be reported for IUR purposes, regardless of whether the 
chemical substance otherwise meets the requirements listed in 40 CFR 
710.46 (proposed 40 CFR 711.6) as an exempt or partially exempt 
chemical substance. This provision will ensure the availability of 
current information if EPA has expressed a concern in the form of an 
ECA on any chemical substance otherwise excluded from the IUR rule. EPA 
is therefore proposing to make chemical substances that are the subject 
of an ECA ineligible for IUR exemptions.
    With this proposal, chemical substances that are the subject of an 
ECA would be included in the list of chemical substances that are 
ineligible for an IUR exemption, in the introductory paragraph of 40 
CFR 710.46 (proposed 40 CFR 711.6) listing the other chemical 
substances that are likewise not eligible for an IUR exemption. The 
paragraph would state that a chemical substance ``is not exempted from 
any of the reporting requirements of this part if that substance is the 
subject of a rule proposed or promulgated under section 4, 5(a)(2), 
5(b)(4), or 6 of the Act, or is the subject of a consent agreement 
developed under the procedures of 40 CFR part 790, or is the subject of 
an order issued under section 5(e) or 5(f) 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.''

F. Modifications to Reportable Data Elements

    1. Parent company and site identity. Manufacturers (including 
importers) are required to report the company name and Dun and 
Bradstreet (D&B) number to identify the company associated with the 
plant site, and also to report the site name, address, and D&B number. 
If the company associated with the plant site does not have a D&B 
number, the manufacturer (including importer) must obtain a D&B number 
for the company. Likewise, if the plant site does not have a D&B 
number, the manufacturer (including importer) must obtain a D&B number 
for the site. EPA received a variety of questions concerning the 
correct company name to report during the 2006 IUR submission period. 
EPA is now clarifying what is meant by company name, by proposing to 
require that the company name provided be the ultimate domestic parent 
company name. EPA believes this change will reduce confusion by making 
this reporting requirement consistent with the Toxic Release Inventory 
(TRI) requirements for parent company name. The requirement that the 
ultimate domestic parent company name be reported does not affect the 
determination of small business status, which is not limited to 
domestic companies. Persons covered by the IUR rule should continue to 
base small business determinations on the ultimate parent company, 
regardless of whether that company is domestic or foreign.
    The 2006 IUR submissions from different reporting sites contained 
varying D&B numbers for parent companies that appeared to be the same 
company. In order to better identify when reporting sites are under the 
same parent company, EPA is proposing to include the address as well as 
the D&B number of the parent company.
    2. Technical contact. Manufacturers (including importers) are 
required to provide a technical contact for their IUR submission. The 
technical contact must be a person who can answer questions

[[Page 49666]]

EPA may have about the reported chemical substance and should be a 
person located at the manufacturing (including importing) site. Based 
on EPA's experience with contacting the reported technical contact with 
follow-up questions concerning 2006 IUR submissions, reporters often 
provide the names of individuals who are not directly connected to the 
reporting site, and therefore, are not knowledgeable about either the 
chemical or the submission. EPA has also seen situations where the 
technical contact is a contracted employee who is able to address 
subsequent concerns only if he or she remains under contract. Note that 
EPA may raise follow-up questions about an IUR submission, possibly 
years after the submission date. EPA is interested in any comments or 
suggestions regarding how to better identify the technical contact.
    EPA is considering allowing multiple technical contacts on a 
chemical-by-chemical basis. The e-IURweb reporting software would allow 
the identification of several names associated with a submission. EPA 
is interested in any comment or suggestions regarding this 
consideration.
    3. Chemical identity. Manufacturers (including importers) are 
required to submit the correct chemical identity for each subject 
chemical substance. For the 2006 IUR, the correct chemical identity 
included a specific chemical name and a corresponding identifying 
number. The identifying number could be the CASRN, the TSCA Accession 
Number, or the number assigned to the chemical's PMN number.
    i. Chemical name. EPA is proposing to require the reporting of the 
CA Index Name currently used to list the chemical substance on the TSCA 
Inventory as the chemical name reported for IUR. Currently submitters 
are required to report a specific chemical name, with no further 
elaboration in the regulatory text. The Instructions for Reporting 
presently state that manufacturers should use CA Index Names or, if CA 
Index Names are not available, manufacturers should use nomenclature 
that completely and accurately describes the chemical substance.
    EPA has found, however, that submitters sometimes supply a name 
that is somewhat generic or excludes parts of the specific chemical 
identity that distinguishes one chemical substance from another. EPA's 
experience from the 2006 IUR was that up to 5% of the reports submitted 
contained chemical identity problems serious enough that the Agency was 
unable to precisely identify the chemical substance. These problems 
resulted in the temporary exclusion of the information associated with 
the poorly or erroneously identified chemical substance from the IUR 
database until the Agency was able to obtain correct and specific 
chemical identity information from the submitter. EPA believes the 
requirement to use the chemical name as currently listed on the TSCA 
Inventory will greatly reduce the number of poorly identified chemical 
substances. EPA intends to include the CASRN and CA Index Names as part 
of e-IURweb, to the extent possible without jeopardizing 
confidentiality claims.
    Manufacturers (including importers) will be allowed to supply an 
alternate chemical name, and in the case of importers, a trade name, in 
those instances where a supplier will not disclose to the submitter the 
specific chemical name of the imported TSCA Inventory chemical 
substance or a reactant used to manufacture the TSCA Inventory chemical 
substance. In these cases, the manufacturer (including importer) and 
the supplier report the information required in this part in a joint 
submission. In order to clarify this requirement, EPA is proposing an 
amendment to 40 CFR 710.52(c)(3)(i) (proposed 40 CFR 711.15(b)(3)(i)) 
to state that the importer must have the supplier of the confidential 
chemical substance directly provide EPA with the correct chemical 
identity, in a joint submission with the manufacturer. Furthermore, in 
the event the manufacturer submitting a report cannot provide the whole 
chemical identity because the reportable chemical substance is 
manufactured using a reactant having a specific chemical identity 
claimed as confidential by its supplier, the manufacturer must submit a 
report directly to EPA containing all other information known to or 
reasonably ascertainable by the manufacturer about the chemical 
identity of the reported chemical substance and must ensure that the 
supplier directly provides to EPA the correct chemical identity of the 
confidential reactant in a joint submission. See Unit III.I. for 
additional information regarding joint submissions. Detailed draft 
instructions regarding joint submissions are included in the draft 
Instructions included in the docket (Ref. 5). EPA is interested in any 
comments regarding the procedure under consideration.
    ii. Chemical identifying number. As part of the chemical identity, 
submitters provide a chemical identifying number associated with the 
correct CA Index Name, as described in Unit III.F.3. For most chemical 
substances, the chemical identifying number is the CASRN correctly 
corresponding to the reported CA Index Name. If the CASRN number is not 
available because the chemical substance is listed on the confidential 
portion of the TSCA Inventory and a CASRN does not already exist for 
that substance, the submitter could report either the associated TSCA 
Accession Number or PMN number.
    EPA is proposing to allow submitters to report only the CASRN as a 
chemical identifying number or, in the case of confidential chemical 
substances, the TSCA Accession Number. Note that in cases where a CASRN 
exists for a confidential chemical, it can be reported instead of the 
TSCA Accession Number and claimed as confidential for purposes of the 
IUR submission. EPA is proposing to remove the PMN number as an allowed 
chemical identifying number because each TSCA Inventory chemical 
substance has either (or both) a CASRN or a TSCA Accession Number, 
which are likely to be already known to the submitter. Furthermore, the 
Agency has to spend considerably more time and effort to access and 
review reported information that has been identified only by a PMN 
number.
    Submitters who, in the past, have reported using the PMN number of 
a confidential substance may contact EPA, if necessary, to learn the 
TSCA Accession Number assigned when the Notice of Commencement (NOC) 
was submitted to the Agency.
    4. Production volume. Manufacturers (including importers) are 
required to report production volume information for each chemical 
substance for which they submit an IUR report. For the 2006 IUR, 
production volume information consisted of the manufactured production 
volume; the imported production volume; an indication of whether the 
chemical substance was manufactured, imported, or both; and an 
indication of whether the chemical substance was site-limited. In 
instances where a single site both domestically manufactures and 
imports the same chemical substance, the site was to report the 
domestically manufactured and imported production volumes separately on 
one report. The combined total production volume was then used as the 
basis for determining the percentage of production volume in other 
areas of the report, such as for the physical form, the industrial 
process or use, or the consumer or commercial use.
    EPA is proposing a number of changes to the reporting of production 
volume and associated information. The Agency believes these changes 
would improve the usefulness of the information for EPA and others, and 
would provide

[[Page 49667]]

clarity for the reporting obligations of the submitter.
    i. Report production volume for each of the years since the last 
principal reporting year. EPA is proposing to require reporting of 
production volume for each of the 5 years since the last IUR principal 
reporting year. Thus, for the 2011 IUR submission period, manufacturers 
(including importers) of a chemical at or above the 25,000 lb. 
threshold would report the production volume of that chemical substance 
for each of the following calendar years: 2010, 2009, 2008, 2007, and 
2006. This change would provide information EPA and others need as 
stated in Unit III.D. Collecting the production volume for multiple 
years would provide greater detail than the current once-every-five-
years snapshot.
    For the principal reporting year, e.g., 2010, the domestic 
manufacture and the import production volume would continue to be 
reported separately on the same report. EPA review and analysis of the 
2006 IUR data has revealed that some submitters are erroneously 
submitting multiple reports for the same chemical substance, at times 
reporting the information associated with domestic manufacturing and 
importing in different reports. The submitter should complete only one 
report for each chemical substance.
    EPA uses production volume data in several important ways. The data 
help the Agency to establish trends in chemical substance 
manufacturing; to determine the effectiveness of various Agency and 
other programs; to estimate the magnitude of consumer, worker, and 
environmental exposures; and to determine the costs (and financial 
impacts) of potential control strategies in economic analyses. As 
discussed in Unit III.D.2., the collection of annual production volume 
data would allow EPA to identify more consistently the HPV chemical 
substances. Voluntary EPA programs such as Design for the Environment 
(DfE) and other pollution prevention programs would use the annual 
production volume data to identify trends and program performance. 
Relying on a single snapshot of annual production volume in each 
reporting determination period hampers EPA's ability to identify the 
programs and techniques that are most effective, using measurable, 
readily identifiable production trend data.
    Unit V. contains a series of requests for comments on additional 
ideas under consideration by the Agency. One of the ideas concerns the 
collection of more than just the production volume since the last 
principal reporting year. The Agency is interested in comments on this 
matter. Please see Unit V. for additional discussion.
    ii. Volume of chemical substance used on-site. EPA is proposing to 
require that submitters report the volume of a manufactured (including 
imported) chemical substance used at the reporting site. The 
requirement to report the volume used on-site is replacing the 
requirement to indicate that the chemical substance is site-limited. 
Under this proposal, either domestically manufactured or imported 
chemical substances could be reported as used at the reporting site, 
whereas, under the current reporting requirements, only domestically 
manufactured chemical substances, consumed entirely at the site of 
manufacture, should be reported as site-limited.
    EPA is proposing this change to simplify reporting and to collect 
information that better addresses the Agency's needs. In the past, 
submitters sometimes incorrectly reported their production volume 
separately to identify the portion of their chemical substance that was 
consumed at the site of manufacture. For the 2006 IUR, many submitters 
continued this practice and erroneously filed separate reports to 
identify that a portion of their production volume was site-limited. 
Filing separate reports resulted in the need to report processing and 
use information separately when the combined production volume was 
300,000 lb. or greater. Reporting all production volumes on one report 
simplifies reporting for such submitters and results in a less 
complicated database, thereby making the data easier to use. In 
addition, reporting the volume used on-site provides valuable 
information related to potential exposures associated with the on-site 
volumes, providing the Agency with better information for exposure 
assessments and other data analyses.
    iii. Indicate whether imported chemical substances are physically 
at reporting site. EPA is proposing to add a requirement to indicate 
whether an imported chemical substance is physically at the reporting 
site. Often, the site reporting an imported chemical substance never 
physically receives the chemical substance, but instead ships it 
directly to another location such as a warehouse, a processing or use 
site, or a customer's site. Identifying whether the chemical substance 
is physically at the reporting site provides more accurate information 
for screening-level analyses and other uses of the IUR data.
    iv. Report volume exported. EPA is proposing to add a requirement 
to report the production volume directly exported and not domestically 
processed or used. This would allow EPA to better identify the 
proportion of the production volume accounted for by the use reporting, 
given that downstream reporting is not required for exported chemical 
substances.
    5. Identify whether a chemical substance is to be recycled, 
remanufactured, reprocessed, reused, or reworked. EPA is proposing to 
add a requirement to indicate (via a check-box) whether a manufactured 
chemical substance, such as a byproduct, is to be recycled, 
remanufactured, reprocessed, reused, or reworked. Submitters would 
identify that their manufactured chemical substance, which otherwise 
would be disposed of as a waste, is being removed from the waste stream 
and has a commercial purpose (i.e., it is being recycled, 
remanufactured, reprocessed, reused, or reworked). EPA believes that 
such information will help the Agency to identify where these 
activities are already occurring, and can be used to encourage such 
activities. Collecting information on whether a chemical substance is 
being recycled, remanufactured, reprocessed, reused, or reworked and is 
not entering the waste stream provides valuable information to EPA and 
others regarding trends in chemical substance manufacturing. This 
information also can be used to help determine the effectiveness of 
various programs, such as EPA's Resource Conservation Challenge (RCC) 
Program. EPA launched the RCC Program in 2002, implementing Congress' 
instruction to prevent pollution and conserve natural resources and 
energy by managing materials more efficiently. The RCC Program's goals 
include promoting reuse and recycling and reducing chemicals of 
national concern in products and waste. Indicating that a manufactured 
chemical, such as a byproduct, is to be recycled, remanufactured, 
reprocessed, reused, or reworked does not affect the reporting 
requirements associated with any chemical substance manufactured from 
the byproduct. See Unit IV.B. for detailed information on byproduct 
reporting.
    6. Concentration ranges. EPA is proposing to eliminate gaps in the 
ranges used to report concentration in 40 CFR 710.52(c)(3) and (4) 
(proposed 40 CFR 711.15(b)(3) and (4)). The current ranges result in 
gaps between 30 and 31% and 60 and 61%. The proposed ranges would be:

     Less than 1% by weight.
     At least 1% but less than 30% by weight.

[[Page 49668]]

     At least 30% but less than 60% by weight.
     At least 60% but less than 90% by weight.
     At least 90% by weight.

    7. Industrial processing and use information reporting. In 2003, 
EPA added industrial processing and use data to the information 
collected through the IUR rule for chemical substances manufactured in 
quantities of 300,000 lb. or greater during the principal reporting 
year. The industrial processing and use information included industrial 
function categories and NAICS codes. EPA found that knowing these two 
data elements for a chemical substance was useful in selecting a 
scenario that characterizes the frequency, route, and duration of 
exposure to a chemical substance during manufacture, processing, and 
use of the chemical substance. These data are also useful when EPA 
characterizes the quantity of the chemical substance in wastes and 
emissions entering the environment and for anticipating the 
environmental media into which wastes will be released. The Agency is 
proposing to revise the list of industrial function categories and to 
replace the NAICS codes with industrial sector categories, as described 
in sections i. and ii.
    i. Industrial function categories. EPA is proposing to revise the 
list of industrial function categories by combining categories that 
lead to common exposure scenarios and adding categories where the 
Agency believes the existing categories do not adequately describe 
potential uses. EPA worked with Environment Canada and Health Canada to 
develop the proposed set of categories, which would be used by both the 
United States and Canada for inventory reporting. Harmonization of the 
categories for reporting the industrial functions of chemical 
substances would facilitate the exchange of information between EPA and 
Canadian agencies and could serve as a model to be used by Mexico in 
developing an inventory of chemical substances. In addition, the 
harmonized categories would facilitate consistent reporting of chemical 
use information by industry in the United States and Canada (Ref. 11).
    EPA is proposing to add eight new industrial function categories 
and to delete six existing categories from the current list; the total 
number of industrial function categories would increase to 35. Also, 
EPA is proposing to rename several of the industrial function 
categories to provide a more informative description of the function of 
chemical substances that should be reported in that category. Lastly, 
EPA is proposing to require that if a submitter selects the category 
``Other,'' the submitter must provide its own description of the 
industrial function of the chemical substance. EPA is proposing the 
industrial function categories listed in Table 1 of this unit:


      Table 1.--Codes for Reporting Industrial Function Categories
------------------------------------------------------------------------
                   Code                               Category
------------------------------------------------------------------------
U001                                       Abrasives
------------------------------------------------------------------------
U002                                       Adhesives and sealant
                                            chemicals
------------------------------------------------------------------------
U003                                       Adsorbents and absorbents
------------------------------------------------------------------------
U004                                       Agricultural chemicals (non-
                                            pesticidal)
------------------------------------------------------------------------
U005                                       Anti-adhesive agents
------------------------------------------------------------------------
U006                                       Bleaching agents
------------------------------------------------------------------------
U007                                       Corrosion inhibitors and anti-
                                            scaling agents
------------------------------------------------------------------------
U008                                       Dyes
------------------------------------------------------------------------
U009                                       Fillers
------------------------------------------------------------------------
U010                                       Finishing agents
------------------------------------------------------------------------
U011                                       Flame retardants
------------------------------------------------------------------------
U012                                       Fuels and fuel additives
------------------------------------------------------------------------
U013                                       Functional fluids (closed
                                            systems)
------------------------------------------------------------------------
U014                                       Functional fluids (open
                                            systems)
------------------------------------------------------------------------
U015                                       Intermediates
------------------------------------------------------------------------
U016                                       Ion exchange agents
------------------------------------------------------------------------
U017                                       Lubricants and lubricant
                                            additives
------------------------------------------------------------------------
U018                                       Odor agents
------------------------------------------------------------------------
U019                                       Oxidizing/reducing agents
------------------------------------------------------------------------
U020                                       Photosensitive chemicals
------------------------------------------------------------------------
U021                                       Pigments
------------------------------------------------------------------------
U022                                       Plasticizers
------------------------------------------------------------------------
U023                                       Plating agents and surface
                                            treating agents
------------------------------------------------------------------------
U024                                       Process regulators
------------------------------------------------------------------------
U025                                       Processing aids, specific to
                                            petroleum production
------------------------------------------------------------------------
U026                                       Processing aids, not
                                            otherwise listed
------------------------------------------------------------------------
U027                                       Propellants and blowing
                                            agents
------------------------------------------------------------------------
U028                                       Solids separation agents
------------------------------------------------------------------------
U029                                       Solvents (for cleaning or
                                            degreasing)
------------------------------------------------------------------------
U030                                       Solvents (which become part
                                            of product formulation or
                                            mixture)
------------------------------------------------------------------------
U031                                       Surface active agents
------------------------------------------------------------------------
U032                                       Viscosity adjustors
------------------------------------------------------------------------
U033                                       Laboratory chemicals
------------------------------------------------------------------------
U034                                       Paint additives and coating
                                            additives not described by
                                            other categories
------------------------------------------------------------------------
U999                                       Other (specify)
------------------------------------------------------------------------


    ii. Industrial sectors. EPA is proposing to replace the 5-digit 
NAICS codes with 48 IS codes. The sectors were adapted from the 
European Union's (EU's) ``Guidance on information requirements and 
chemical safety assessment.'' The IS codes divide the entire range of 
NAICS codes into sectors so that there is a sector corresponding to any 
NAICS code. The Agency believes this change would provide several 
benefits. First, the sectors would reduce reporting burden because 
submitters would not have to look up the NAICS code. Second, it would 
encourage more complete reporting by using terms that are already 
familiar to industry. Third, the sectors would reduce the likelihood of 
errors that result from the selection of miscellaneous or inappropriate 
NAICS codes. Fourth, it would reduce the number of codes that could 
apply to one chemical substance. Table 2 of this unit lists the 
proposed sectors. The rationale for selecting the sectors and the link 
between the sectors and the NAICS system is further described in 
``Inventory Update Reporting (IUR) Technical Support Document--
Replacement of 5-digit NAICS Codes with Industrial Sector Codes'' (Ref. 
16).
    One of the primary purposes of the IUR data collection is to group 
together similar data for priority setting exercises and activities. 
Respondents to the 2006 IUR submitted 342 unique 5-digit NAICS codes, 
which made it difficult for EPA to group chemical substances

[[Page 49669]]

based on industrial processing and use scenarios. The 2006 IUR database 
has 2,330 unique combinations of processing or use code, NAICS code, 
and industrial function category, in all. This large number of unique 
combinations increases the difficulty and time required by EPA to sort 
and classify chemical substances because EPA either would need to 
develop exposure scenarios for each unique combination, or determine 
which three-code combinations have similar exposure scenarios and can 
be grouped. The use of the sectors would reduce the number of unique 
combinations, thereby increasing the usability of the data, and also 
reducing the IUR reporting burden.
    EPA is proposing the 48 sectors listed in Table 2 of this unit:


                      Table 2.--Industrial Sectors
------------------------------------------------------------------------
                   Code                          Sector Description
------------------------------------------------------------------------
IS1                                        Agriculture, Forestry,
                                            Fishing and Hunting
------------------------------------------------------------------------
IS2                                        Oil and Gas Drilling,
                                            Extraction, and support
                                            activities
------------------------------------------------------------------------
IS3                                        Mining (except Oil and Gas)
                                            and support activities
------------------------------------------------------------------------
IS4                                        Utilities
------------------------------------------------------------------------
IS5                                        Construction
------------------------------------------------------------------------
IS6                                        Food, beverage, and tobacco
                                            product manufacturing
------------------------------------------------------------------------
IS7                                        Textiles, apparel, and
                                            leather manufacturing
------------------------------------------------------------------------
IS8                                        Wood Product Manufacturing
------------------------------------------------------------------------
IS9                                        Paper Manufacturing
------------------------------------------------------------------------
IS10                                       Printing and Related Support
                                            Activities
------------------------------------------------------------------------
IS11                                       Petroleum Refineries
------------------------------------------------------------------------
IS12                                       Asphalt Paving, Roofing, and
                                            Coating Materials
                                            Manufacturing
------------------------------------------------------------------------
IS13                                       Petroleum Lubricating Oil and
                                            Grease Manufacturing
------------------------------------------------------------------------
IS14                                       All other Petroleum and Coal
                                            Products Manufacturing
------------------------------------------------------------------------
IS15                                       Petrochemical Manufacturing
------------------------------------------------------------------------
IS16                                       Industrial Gas Manufacturing
------------------------------------------------------------------------
IS17                                       Synthetic Dye and Pigment
                                            Manufacturing
------------------------------------------------------------------------
IS18                                       Carbon Black Manufacturing
------------------------------------------------------------------------
IS19                                       All Other Basic Inorganic
                                            Chemical Manufacturing
------------------------------------------------------------------------
IS20                                       Cyclic Crude and Intermediate
                                            Manufacturing
------------------------------------------------------------------------
IS21                                       All Other Basic Organic
                                            Chemical Manufacturing
------------------------------------------------------------------------
IS22                                       Plastics Material and Resin
                                            Manufacturing
------------------------------------------------------------------------
IS23                                       Synthetic Rubber
                                            Manufacturing
------------------------------------------------------------------------
IS24                                       Organic Fiber Manufacturing
------------------------------------------------------------------------
IS25                                       Pesticide, Fertilizer, and
                                            Other Agricultural Chemical
                                            Manufacturing
------------------------------------------------------------------------
IS26                                       Pharmaceutical and Medicine
                                            Manufacturing
------------------------------------------------------------------------
IS27                                       Paint and Coating
                                            Manufacturing
------------------------------------------------------------------------
IS28                                       Adhesive Manufacturing
------------------------------------------------------------------------
IS29                                       Soap, Cleaning Compound, and
                                            Toilet Preparation
                                            Manufacturing
------------------------------------------------------------------------
IS30                                       Printing Ink Manufacturing
------------------------------------------------------------------------
IS31                                       Explosives Manufacturing
------------------------------------------------------------------------
IS32                                       Custom Compounding of
                                            Purchased Resins
------------------------------------------------------------------------
IS33                                       Photographic Film, Paper,
                                            Plate, and Chemical
                                            Manufacturing
------------------------------------------------------------------------
IS34                                       All Other Chemical Product
                                            and Preparation
                                            Manufacturing
------------------------------------------------------------------------
IS35                                       Plastics Product
                                            Manufacturing
------------------------------------------------------------------------
IS36                                       Rubber Product Manufacturing
------------------------------------------------------------------------
IS37                                       Non-metallic Mineral Product
                                            Manufacturing (includes
                                            clay, glass, cement,
                                            concrete, lime, gypsum, and
                                            other non-metallic mineral
                                            product manufacturing)
------------------------------------------------------------------------
IS38                                       Primary Metal Manufacturing
------------------------------------------------------------------------
IS39                                       Fabricated Metal Product
                                            Manufacturing
------------------------------------------------------------------------
IS40                                       Machinery Manufacturing
------------------------------------------------------------------------
IS41                                       Computer and Electronic
                                            Product Manufacturing
------------------------------------------------------------------------
IS42                                       Electrical Equipment,
                                            Appliance, and Component
                                            Manufacturing
------------------------------------------------------------------------
IS43                                       Transportation Equipment
                                            Manufacturing
------------------------------------------------------------------------
IS44                                       Furniture and Related Product
                                            Manufacturing
------------------------------------------------------------------------
IS45                                       Miscellaneous Manufacturing
------------------------------------------------------------------------
IS46                                       Wholesale and Retail Trade
------------------------------------------------------------------------
IS47                                       Services
------------------------------------------------------------------------
IS48                                       Other (requires additional
                                            information)
------------------------------------------------------------------------


    When the category chosen for the IS code is ``Other,'' a written 
description of the use of the chemical substance, which may include the 
NAICS code, would also need to be provided.
    8. Consumer and commercial use reporting. In the 2003 Amendments, 
EPA added a reporting requirement for submitters to include information 
about the consumer and commercial uses of chemical substances they 
reported under the IUR rule. For the 2006 IUR, manufacturers (including 
importers) of subject chemical substances manufactured (including 
imported) in quantities of 300,000 lb. or more during calendar year 
2005 were required to select up to 10 consumer and commercial product 
categories from a list of 20 categories that correspond to the actual 
use of the chemical substance they are reporting. For each category, 
submitters also were required to indicate whether the chemical 
substance was used in a product intended for use by children, to report 
the maximum concentration of the chemical substance in the product 
category, and to report the percentage of total production volume 
associated with the product category.
    EPA is using the information provided by the 2006 IUR reports in 
the Existing Chemicals Program. While the Agency found that the 
information was useful in identifying when consumers and commercial 
users and children are potentially exposed populations, EPA also found 
that the data had significant limitations concerning the product 
categories and identification of potentially exposed populations. The 
Agency believes the limitations stem from two characteristics of the 
data:

[[Page 49670]]

     The lack of specificity in the product categories.
     The inability to distinguish between consumer and 
commercial uses.
In addition, because 29% of the reported categories were for the 
category ``Other,'' EPA was constrained in its ability to characterize 
use and exposure scenarios. Also, consumer and commercial uses affect 
very different populations. The reported information was not useful in 
differentiating these populations when characterizing potential 
exposures.
    To address these issues, EPA is proposing four changes to the 
consumer and commercial information required to be reported:
     A revised and expanded list of consumer and commercial 
product categories.
     The additional requirement to provide a description when 
the product category ``Other'' is selected.
     The identification of whether the use is a consumer or a 
commercial use, or both.
     The number of commercial workers reasonably likely to be 
exposed while using the reportable chemical substance.
Reporting associated with children's use, the maximum concentration, 
and the percent production volume would remain unchanged.
    i. Consumer and commercial product categories. EPA is proposing to 
revise the list of consumer and commercial product categories by 
combining categories that lead to common exposure scenarios and adding 
categories that were not adequately described in the initial set of 
categories. EPA worked with Environment Canada and Health Canada to 
develop the proposed categories. Harmonized categories for reporting 
the consumer and commercial uses of chemical substances would 
facilitate the exchange of information between EPA and Canadian 
agencies and would serve as a model to be used by Mexico in developing 
an inventory of chemical substances. In addition, the harmonized 
categories would facilitate consistent reporting of chemical substance 
use information by industry in the United States and Canada (Ref. 11).
    During the development of the revised product category list, EPA 
and Canada considered existing product category schemes, such as the 
NAICS and Registration, Evaluation, Authorisation and Restriction of 
Chemical Substances (REACH) categories, but found them to be either too 
detailed or not right for the task at hand. The NAICS categories are 
defined for manufacturing processes, not for consumer and commercial 
products, and therefore did not address the situations of interest. The 
REACH Program collects detailed information on the use of chemical 
substances in consumer and commercial products sold in the EU; all of 
the codes used by REACH are represented in the harmonized industrial 
function and consumer and commercial codes.
    The proposed list includes 33 product categories, including 
``Other.'' Examples of new categories which have been added include 
explosive materials, building/construction products not covered 
elsewhere, and air care products. The glass and ceramic products 
category had relatively few IUR submissions in 2006 and overlaps with 
proposed new categories, and so has been proposed for elimination. 
Also, several of the consumer and commercial product categories would 
be renamed to better describe the products that should be reported in 
those categories.
    EPA believes that expanding the list of consumer and commercial 
product categories would provide persons submitting IUR information 
with a greater opportunity to characterize the product in which 
chemical substances they manufacture are used and would reduce the 
number of uses reported as ``Other.''
    In addition to revising the overall product categories, narrower 
definitions and expanded lists of examples of products in which the 
chemical substance would be used would be added to each category 
descriptor. The examples were selected to include items that could have 
fit into other categories in order to address the overlap inherent in 
any product category list. The product categories were then placed into 
several broader groupings, e.g., ``Chemicals with Agriculture and 
Outdoor Uses'' based on the similarities of products. EPA believes that 
the user would find the proposed groupings easier to use than the 
alphabetical listing used for the 2006 IUR.
    EPA is also proposing to require that if a submitter chooses the 
product category ``Other,'' the submitter must include a text 
description for the consumer and commercial product containing the 
chemical substance. In the 2006 IUR reports, the category ``Other'' was 
reported with the greatest frequency, with 1,206 out of a total number 
of 4,157 reports containing consumer and commercial use information, 
resulting in a reporting rate of 29% for the category. Although one of 
EPA's objectives in revising the consumer and commercial product 
categories was to reduce the reporting frequency of ``Other,'' EPA 
believes that in many cases where ``Other'' was reported, submitters 
may not have selected the correct categories for their situation. By 
requiring the submitters to supply a written description for ``Other,'' 
EPA would be able to evaluate and improve the inclusiveness of future 
consumer and commercial category lists or descriptions. In addition, 
the descriptor information would be more useful than simply the 
selection of ``Other'' for EPA's Existing Chemicals and other programs.
    EPA is proposing the consumer and commercial product categories 
listed in Table 3 of this unit:


Table 3.--Codes for Reporting Consumer and Commercial Product Categories
------------------------------------------------------------------------
                   Code                               Category
------------------------------------------------------------------------
  Chemical Substances in Furnishing, Cleaning, Treatment/Care Products
------------------------------------------------------------------------
C101                                        Floor Coverings
------------------------------------------------------------------------
C102                                        Foam Seating and Bedding
                                             Products
------------------------------------------------------------------------
C103                                        Furniture and Furnishings
                                             not covered elsewhere
------------------------------------------------------------------------
C104                                        Fabric, Textile, and Leather
                                             Products not covered
                                             elsewhere
------------------------------------------------------------------------
C105                                        Cleaning and Furnishing Care
                                             Products
------------------------------------------------------------------------
C106                                        Laundry and Dishwashing
                                             Products
------------------------------------------------------------------------
C107                                        Water Treatment Products
------------------------------------------------------------------------
C108                                        Personal Care Products
------------------------------------------------------------------------
C109                                        Air Care Products
------------------------------------------------------------------------
C110                                        Apparel and Footwear Care
                                             Products
------------------------------------------------------------------------
    Chemical Substances in Construction, Paint, Electrical, and Metal
                                Products
------------------------------------------------------------------------
C201                                        Adhesives and Sealants
------------------------------------------------------------------------
C202                                        Paints and Coatings
------------------------------------------------------------------------
C203                                        Building/Construction
                                             Materials - Wood and
                                             Engineered Wood Products
------------------------------------------------------------------------
C204                                        Building/Construction
                                             Materials not covered
                                             elsewhere
------------------------------------------------------------------------
C205                                        Electrical and Electronic
                                             Products
------------------------------------------------------------------------
C206                                        Metal Products not covered
                                             elsewhere
------------------------------------------------------------------------
C207                                        Batteries
------------------------------------------------------------------------

[[Page 49671]]

 
 Chemical Substances in Packaging, Paper, Plastic, Toys, Hobby Products
------------------------------------------------------------------------
C301                                        Food Packaging
------------------------------------------------------------------------
C302                                        Paper Products
------------------------------------------------------------------------
C303                                        Plastic and Rubber Products
                                             not covered elsewhere
------------------------------------------------------------------------
C304                                        Toys, Playground, and
                                             Sporting Equipment
------------------------------------------------------------------------
C305                                        Arts, Crafts, and Hobby
                                             Materials
------------------------------------------------------------------------
C306                                        Ink, Toner, and Colorant
                                             Products
------------------------------------------------------------------------
C307                                        Photographic Supplies, Film,
                                             and Photochemicals
------------------------------------------------------------------------
    Chemical Substances in Automotive, Fuel, Agriculture, Outdoor Use
                                Products
------------------------------------------------------------------------
C401                                        Automotive Care Products
------------------------------------------------------------------------
C402                                        Lubricants and Greases
------------------------------------------------------------------------
C403                                        Anti-Freeze and De-icing
                                             Products
------------------------------------------------------------------------
C404                                        Fuels and Related Products
------------------------------------------------------------------------
C405                                        Explosive Materials
------------------------------------------------------------------------
C406                                        Agricultural Products (non-
                                             pesticidal)
------------------------------------------------------------------------
C407                                        Lawn and Garden Care
                                             Products
------------------------------------------------------------------------
      Chemical Substances in Products not Described by Other Codes
------------------------------------------------------------------------
C980                                        Non-TSCA Use
------------------------------------------------------------------------
C909                                        Other (specify)
------------------------------------------------------------------------


    ii. Designation of consumer or commercial use. EPA is proposing to 
require submitters to designate, via a checkbox, whether the indicated 
product category is a consumer or a commercial use, or both. The 
Agency's experience using the 2006 IUR data identified a need to 
distinguish between potentially exposed consumer and commercial 
populations. The designation of consumer or commercial use, or both, 
would allow EPA to complete a better characterization of the 
potentially exposed populations.
    iii. Number of commercial workers reasonably likely to be exposed. 
EPA is proposing to require that submitters report the total number of 
commercial workers, including those at sites not under the submitter's 
control, that are reasonably likely to be exposed while using the 
reportable chemical substance, with respect to each commercial use. The 
approximate number of workers would be reported using the same 
definitions and ranges used for manufacturing and industrial processing 
and use workers required by 40 CFR 710.52(c)(3)(v) and (4)(i)(F) 
(proposed 40 CFR 711.15(b)(3)(vii) and (4)(i)(F)), respectively. The 
ranges are:

     Fewer than 10 workers.
     At least 10 but fewer than 25 workers.
     At least 25 but fewer than 50 workers.
     At least 50 but fewer than 100 workers.
     At least 100 but fewer than 500 workers.
     At least 500 but fewer than 1,000 workers.
     At least 1,000 but fewer than 10,000 workers.
     At least 10,000 workers.

    Information on the number of commercial workers reasonably likely 
to be exposed to the reportable chemical substance would be used to 
characterize the commercial population reasonably likely to be exposed 
to the subject chemical substance. The population characterization is 
important to the development of the overall exposure characterization.
    EPA requests comment on the ability of submitters to provide this 
data with reasonable accuracy for each commercial use to which a 
chemical substance may be applied. Do submitters have sufficient 
information about the work practices of eventual commercial users to 
estimate this number? Note that the ranges proposed for commercial 
workers are the same as those ranges used for reporting manufacturing 
and industrial workers. Are these ranges also applicable to commercial 
workers?

G. Changes to Standard for the Reporting of Processing and Use 
Information

    In order to collect more complete information regarding the 
industrial processing and industrial, commercial, and consumer use of 
chemicals, EPA is proposing in 40 CFR 711.15(b)(4) to replace the 
``readily obtainable'' reporting standard used for reporting under 40 
CFR 710.52(c)(4) in 2006 with the ``known to or reasonably 
ascertainable by'' reporting standard set forth under TSCA for this 
type of TSCA reporting. Section 8(a)(2) of TSCA authorizes EPA to 
require persons to report information that is ``known to or reasonably 
ascertainable by'' the submitter. This is the same standard that 
currently applies to the reporting of information described in the 
regulations at 40 CFR 710.52(c)(1), (c)(2), and (c)(3), and this 
standard would continue to apply to the reporting of such information 
under proposed 40 CFR 40 CFR 711.15(b)(1), (b)(2), and (b)(3). It 
covers all information in a person's possession or control, plus all 
information that a reasonable person similarly situated might be 
expected to possess, control, or know. The ``known to or reasonably 
ascertainable by'' reporting standard was the only standard used for 
IUR reporting purposes prior to the 2006 IUR submission period.
    The 2006 IUR response rate for the processing and use information 
did not capture a sufficiently large portion of the production volume 
that the Agency believes actually was used for either industrial 
processing and use or consumer and commercial use. Thirty percent of 
the reports submitted for the 2006 IUR met the requirements (based on 
type of chemical and production volume) to trigger reporting of 
processing and use information. Of those, almost 13% contained no 
industrial processing and use information and almost half contained no 
commercial or consumer use information. For the reports that did 
contain some processing and use information, the portion of the 
production volume for which some information was reported is detailed 
in Table 4 of this unit. Note that a Form U submission contains one or 
more reports; each report is for a single chemical at a single site.


[[Page 49672]]



 Table 4.--Percentage of Reports Providing Production Volume Information
  Related to Processing and Use of Chemicals Reported for the 2006 IUR
------------------------------------------------------------------------
 Extent of Processing and/or Use      Industrial         Consumer and
  Information Provided Based on   Processing and Use   Commercial Use (%
  Production Volume  Reporting      (% of reports*)      of reports*)
------------------------------------------------------------------------
No processing and use                     13                  46
 information reported
------------------------------------------------------------------------
Processing and/or use                      6                  12
 information provided, but the
 associated % PV information
 reported as zero, NRO, or left
 blank
------------------------------------------------------------------------
% PV associated with the                   4                   7
 reported processing and/or use
 information accounted for more
 than 0% but less than 50% of
 the manufactured (including
 imported) production volume
------------------------------------------------------------------------
% PV associated with the                  65                  32
 reported processing and/or use
 information accounted for 50%
 but less than 100% of the
 manufactured (including
 imported) production volume
------------------------------------------------------------------------
% PV associated with the                  12                   3
 reported processing and/or use
 information accounted for 100%
 or more of the manufactured
 (including imported) production
 volume
------------------------------------------------------------------------
* The percentage is calculated as a fraction of the total number of
  reports that triggered the need to report processing and use
  information.


    The Agency believes the percentage of missing processing and use 
information actually is larger than indicated by this analysis. As 
described in the 2003 Amendments final rule (Ref. 3), EPA anticipated 
that, on an individual report basis, the total percentages of 
production volumes associated with the industrial processing or use 
information may add up to more than 100% of the reported production 
volume. This could happen because the submitter reported on the 
distribution of a chemical substance to sites in its control as well as 
downstream sites, some of which were not immediate purchasers from the 
original manufacturing site. For example, consider the scenario where a 
certain volume of a reported chemical substance is reported as 
processed by a repackager, sent to another site that adds the chemical 
substance to a mixture, and then sent to a combination of industrial 
and commercial users. If the repackaged volume were 100% of the 
production volume, the total volume reported for the different 
processing and use scenarios could equal 300% of the production volume. 
EPA expected and anticipated this type of reporting, as each instance 
of processing or using the chemical substance created a different 
exposure scenario. As indicated in Table 4 of this unit, only 12% of 
the reports contained processing and use information that equaled or 
exceeded the production volume for their chemical substance. EPA 
expected this percentage to be significantly larger.
    Focusing on the industrial processing and use information, a 
complete use scenario is comprised of 3 of the IUR data elements: The 
type of process or use, the NAICS codes, and the industrial function 
code. A report could contain up to 10 unique combinations of these 3 
data elements (i.e., use scenarios). For the reports required to 
include processing and use information in 2006, submitters reported an 
average of slightly more than 2 use scenarios. For each unique 
combination of these 3 data elements, the manufacturer reports the 
percent production volume, the number of sites, and the number of 
reasonably likely to be exposed workers associated with the use 
scenario. In 2006, only about half of the reported use scenarios also 
included information for the number of sites, the number of workers, 
and a production volume that was greater than zero.
    Reports for consumer and commercial use information included a 
product category, and, for that category, whether the chemical 
substance is used in products intended for children, the percent 
production volume, and the maximum concentration. A report could 
contain up to ten product categories. For the reports that were 
required to include processing and use information in 2006, submitters 
reported an average of slightly less than one product category. Much of 
the consumer and commercial information contained data elements 
reported as not readily obtainable (NRO) or were left blank. 
Specifically, 14% of product category information, 24% of children's 
information, and 40% of the maximum concentration were either reported 
as NRO or left blank. Overall, fewer than half of the consumer and 
commercial records (i.e., the individually reported product categories 
and associated information) contained complete data (e.g., where none 
of the data elements contained information reported as zero, NRO, or 
were left blank).
    This low reporting rate also occurred on an individual chemical 
substance basis; 2006 IUR submitters did not report processing and use 
information even though they were required to report such information. 
This happened for 20% of the chemical substances for which the criteria 
for reporting processing and use information were met. For those 
chemical substances, EPA has no processing or use information reported 
through the IUR rule.
    EPA is proposing this change to the reporting standard because 
reporting under the ``readily obtainable'' reporting standard did not 
generate sufficiently complete processing and use information, which 
limited the usefulness of the 2006 IUR processing and use data for 
screening level reviews. EPA believes the ``readily obtainable'' 
reporting standard was a major reason for the small amount of reporting 
processing and use data.
    For over 30 years, the Agency's New Chemicals Program has 
successfully applied the ``known to or reasonably ascertainable by'' 
reporting standard. (See 40 CFR 720.45) Companies have used this 
standard to report to EPA information about how their chemical 
substances are processed and used by submitting more than 30,000 TSCA 
section 5 PMNs. Because of this experience, EPA believes that companies 
routinely have more information about how their chemical substances are 
processed and used than is reflected in the 2006 IUR data. PMNs 
routinely include extensive, detailed information on how a company's 
customers and others outside the company's control will process and use 
its chemical substances. EPA believes that the reporting under the 
Agency's New Chemical program indicates that companies generally do 
know the intended ultimate uses, as well as the intervening processing 
steps, for their products. In addition, EPA's experience

[[Page 49673]]

in the New Chemicals Program indicates that this reporting standard 
generates information sufficient for screening-level reviews. 
Therefore, the Agency believes that using this standard for reporting 
of IUR industrial processing and industrial, consumer, and commercial 
use information will improve reporting rates and assist EPA's efforts 
to characterize chemical substance uses and to predict potential 
exposure to these chemical substances.
    The Agency's experience using the 2006 IUR data to develop exposure 
characterizations, coupled with the limited data EPA was able to 
publicly release, highlighted the incompleteness of the data and lead 
the Agency to determine that the data are insufficient, even for 
screening level purposes. Examples of documents using EPA's exposure 
characterizations can be found on the Agency's website, at http://iaspub.epa.gov/oppthpv/existchem_hpv_prioritizations.INDEX_HTML. 
Effective risk screening by EPA depends on the ability to accurately 
characterize chemical substance uses and to predict potential 
exposures. As described in Unit II.D., these data are used by EPA to 
prioritize work on existing chemicals. If the information provided does 
not include these data, EPA must make assumptions about the use of the 
unreported production volume. Incorrect assumptions may lead EPA to 
designate an inappropriately high or low priority level for the 
chemical substance, resulting in unnecessary effort and resource 
expenditures for both regulated parties and EPA in cases where more 
complete data would have led the Agency to act differently.
    For the foregoing reasons, EPA believes that using the reporting 
standard ``known to or reasonably ascertainable by'' would result in 
companies reporting more consistent and complete processing and use 
information in their IUR reports, and that the information reported 
would better enable EPA to develop the exposure characterizations 
needed for the Agency's screening of existing chemical substances. EPA 
requests comment on whether and how this change will affect submitter 
behavior and the degree to which the quality of submissions will be 
improved.

H. Amendments to Requirements Concerning CBI

    Submitters may currently claim certain information reported under 
the IUR as CBI in accordance with 40 CFR part 2 and IUR rules at 40 CFR 
710.38 (proposed 40 CFR 711.30). Submitters must assert claims of 
confidentiality at the time information is submitted to EPA. EPA's 
procedures for handling information claimed as confidential are set 
forth at 40 CFR part 2, subpart B. EPA strongly encourages submitters 
to review confidentiality claims carefully to ensure that the 
information in question falls within the parameters of TSCA section 14. 
CBI claims should be limited to only those data elements the release of 
which would likely cause substantial harm to the business' competitive 
position. Interested persons are reminded that with regard to chemical 
substance use information, EPA is interested in aggregated, general 
uses, not detailed uses associated with specific customers.
    To claim information as confidential, a submitter must indicate its 
claim by both checking the appropriate box and signing the 
certification statement on the reporting form. A submitter must 
indicate its claims at the time the information is submitted. If a 
submitter fails to follow these procedures, EPA may release the 
information to the public without further notice to the submitter. By 
signing the certification statement the submitter attests to the 
secrecy and value of the information for which confidentiality claims 
have been asserted.
    EPA expects that reducing the number of CBI claims would increase 
the amount of information available to the public and improve the 
timeliness of its public availability. As a result, the Agency would be 
able to publicly discuss and explain its risk management actions and 
decisions more clearly. Currently, much of the factual and data support 
for Agency decisions is claimed as CBI, which complicates the creation 
of publicly available documents. The public would be better informed 
and better able to understand and provide meaningful comment on Agency 
actions if less information were unnecessarily or inappropriately 
claimed as CBI. The Agency would also be able to provide other public 
and private organizations and individuals with better information for 
making their own decisions. Thus, EPA is proposing the changes 
described in Unit III.H.1., H.2., and H.3. with the belief that the 
proposed changes would reduce the number of unjustifiable CBI claims 
without hindering legitimate CBI claims.
    1. Chemical identity CBI claims. Under the IUR, a submitter may 
assert a claim of confidentiality for data associated with the identity 
of the reported chemical substance when the chemical is listed on the 
confidential portion of the TSCA Inventory and when the submitter 
provides the required substantiation at the time the submitter makes 
the confidentiality assertion. See 40 CFR 710.58(b) (proposed 40 CFR 
711.30(b)). At times a submitter will assert a claim of confidentiality 
for the chemical identity of a chemical substance that is listed on the 
public portion of the TSCA Inventory. Where the identity of a chemical 
substance is already contained on the public portion of the TSCA 
Inventory, which is publicly available from EPA's website (http://www.epa.gov/opptintr/newchems/pubs/invntory.htm#files), EPA believes 
that the identity itself, even assuming it might otherwise be CBI, as 
well as any information that might be derived from it about processes 
or portions, has already been disclosed. EPA is proposing that, when 
this occurs, the Agency may make the information available to the 
public without further notice to the submitter. See the proposed 
regulatory text at 40 CFR 711.30(e).
    This action is part of a broader effort to increase transparency 
and provide more valuable information to the public by identifying 
programs where non-CBI may have been claimed and treated as CBI in the 
past. See the Federal Register issue of January 21, 2010 for a similar 
change concerning CBI claims of certain chemical identities submitted 
under TSCA section 8(e) (Ref. 17).
    2. Upfront substantiation for processing and use information CBI 
claims. Under the IUR, a submitter may assert a claim of 
confidentiality for data associated with the processing and use of its 
chemical substance if the submitter has reason to believe that release 
of the information would reveal trade secrets, or confidential 
commercial or financial information, as provided by TSCA section 14 and 
40 CFR part 2. During the 2006 IUR, submitters made confidentiality 
claims ranging from 25% (when considering individual data elements) to 
50% (when considering data elements combined into use scenarios) of the 
reported processing and use information. While the Agency does not 
question that confidentiality claims are sometimes necessary, it 
encourages submitters to consider carefully whether such claims are in 
fact necessary before asserting them. The Agency has identified 
instances in which submitters have claimed the processing and use data 
as confidential, yet similar if not identical information was found in 
publicly available sources, such as company websites, published 
Material Safety Data Sheets (MSDSs), or information submitted to the 
Agency and posted on the Agency's HPVIS website (see Unit II.D. for 
more discussion). EPA can take

[[Page 49674]]

steps to challenge or verify confidentiality claims, but the Agency 
believes companies should limit their CBI claims to those that they are 
capable of adequately substantiating.
    For the 2006 IUR reports, submitters were not required to provide 
upfront substantiation of CBI claims for processing and use data. In 
these proposed modifications to the IUR rule, EPA would require upfront 
substantiation for CBI claims for this information.
    EPA believes that many of the CBI claims for processing and use 
data are inappropriate and that the new substantiation requirement 
would reduce the occurrence of unnecessary claims. The high number of 
confidentiality claims asserted for the reported 2006 IUR reports on 
industrial processing and use information impeded the release of 
important data. This included the number of processing sites, the 
number of potentially exposed industrial workers, and the percent 
production volume for each industrial processing or use scenario (Ref. 
18). A decrease in the number of inappropriate CBI claims under the new 
substantiation requirement would improve EPA's ability to make current 
plant site information available to other Federal agencies and the 
public because more information submitted under IUR could be released 
publicly.
    Under this proposed rule, in order to submit a claim of 
confidentiality for processing and use information data elements, the 
submitter would be required to both check the appropriate box on the 
reporting form and substantiate the claim in writing by answering 
certain questions provided in 40 CFR 711.30(d) of the proposed rule. 
Where a submitter fails to substantiate the processing and use CBI 
claim in accordance with the applicable rules (i.e., the submitter does 
not provide an answer to the required questions), EPA would consider 
the information not subject to a confidentiality claim and may make the 
information available to the public without further notice to the 
submitter.
    3. Limitation on confidentiality claims for data elements 
identified as ``not known or reasonably ascertainable.'' Under the IUR 
rule, submitters provide information on the industrial processing and 
use and consumer and commercial use of the IUR reportable chemical 
substances they manufacture (including import). As described in Unit 
II.A., for the 2011 and future IUR collections, EPA is proposing that 
submitters be required to report this information to the extent that it 
is known to or reasonably ascertainable by them. For the 2006 IUR 
collection, submitters reported the processing and use information to 
the extent that it was readily obtainable, and were permitted to 
identify when such information was not readily obtainable by entering 
``NRO.'' EPA has observed that, on occasion, processing and use 
information has been claimed as confidential when a submitter 
determined that the information was not readily obtainable.
    Section 14 of TSCA limits the disclosure of information entitled to 
confidential treatment under Exemption 4 of the Freedom of Information 
Act (FOIA). EPA has considered the NRO designation and its relationship 
to a potential CBI or trade secret claim. Given that a NRO assertion is 
an assertion that no information is available, the Agency does not 
believe that the designation conveys trade secret or confidential 
commercial or financial information. For this reason, EPA is proposing 
to prohibit claims of confidentiality pertaining to the designation 
that information is not ``known to or reasonably ascertainable by'' the 
submitter. EPA solicits comment on this issue.

I. Modifications Specifically Affecting Importers

    Submitters report IUR data on chemical substances that they 
manufacture domestically and that they import into the United States. 
Current IUR regulations provide that the site responsible for reporting 
for imported chemical substances is the site of the operating unit that 
is directly responsible for importing the chemical substance and that 
controls the import transaction. In some cases, the import site may be 
the organization's headquarters in the United States. The regulations 
defining the site for importer reporting is found in both the 
definition for site in 40 CFR 710.3 and in paragraph 40 CFR 710.48(b).
    EPA is proposing to eliminate unnecessary duplication in the IUR 
regulation by moving the additional information regarding the importer 
site from 40 CFR 710.48(b) into a revised definition for site, as 
described in Unit III.C.2., and eliminating 40 CFR 710.48(b).
    In addition, EPA has observed that submitters occasionally use a 
foreign address as the site address for the importer. EPA now is 
proposing to require that submitters report a U.S. site address, by 
modifying the definition for site to state specifically that the site 
must be a U.S. site. The U.S. address of an agent acting on behalf of 
the importer, and authorized to accept service of process for the 
importer, may be reported as the importer's site address if the 
operating unit that is directly responsible for importing the chemical 
substance and that controls the import transaction has no U.S. address. 
The Agency expects that all importers will have a U.S. site, as defined 
in the proposed 40 CFR 711.3 definition for site, because, under 
Customs regulations at 19 CFR 141.18, a non-resident corporation is not 
permitted to enter merchandise for consumption unless it has a resident 
agent in the State where the port of entry is located, who is 
authorized to accept service of process against the corporation.
    For purposes of IUR, submitters are currently allowed to report the 
IUR information jointly with the foreign manufacturer of the chemical 
substance. Importers may not know the specific chemical identity of a 
chemical substance because the foreign supplier chooses to keep it 
confidential. In such a situation, the importer is still responsible 
for ensuring that the IUR information is submitted to EPA and may do so 
by submitting a joint report. To do so, the U.S. importer, as the 
primary submitter, completes the majority of the required information, 
but supplies a trade name or other designation to identify the chemical 
substance. In addition, the primary submitter provides technical 
contact information for the foreign supplier. The primary submitter 
then contacts the foreign supplier, as the secondary submitter, to 
notify it of the need to report the specific chemical identity 
information to EPA. In addition to the chemical identity, the secondary 
submitter supplies its technical contact and company information but 
provides the primary submitter's site information.
    Under this proposed rule, the process would be the same, except 
that submitters would be required to use CDX and e-IURweb for 
preparation and submission of joint submissions. See proposed 40 CFR 
711.15(b)(3)(i)(A). Previously, joint submissions could not be made 
electronically. In order to submit electronically to EPA via CDX, 
individuals must first register with CDX. Therefore, the authorized 
officials of the jointly submitting companies would need to register in 
order to submit their reports to EPA.
    For joint submissions to be submitted electronically, the primary 
submitter would use e-IURweb to identify the need to submit a joint 
report and would identify itself as a primary submitter. The primary 
submitter would then complete his or her portion of the report and 
provide the secondary submitter's

[[Page 49675]]

company information, along with select information on the chemical 
substance(s) that are manufactured using a chemical substance made by 
the secondary submitter. The primary submitter reports only the volume 
that it used. A secondary submitter would also need to use e-IURweb to 
identify the need to submit a joint report and would identify itself as 
a secondary submitter. It would provide the primary submitter's company 
information and its own technical contact information, and would 
identify the chemical substance(s) that is in its product, including 
the percentages. This information would be saved by the reporting tool 
and both submissions would be matched based upon company and chemical 
information. Once the forms are matched, the joint submission would be 
ready to be processed by EPA. The Agency is currently developing the 
process to submit joint reports electronically and welcomes any 
comments concerning this process.
    For the 2006 IUR submission period, EPA set aside joint submissions 
until both reports were received and matched. Oftentimes, EPA had no 
way to determine whether a submission was a ``joint'' submission, which 
increased the time required for manual processing of the data. EPA 
anticipates that the use of the reporting tool will help to make joint 
IUR reporting easier for industry and streamline EPA processing of the 
IUR information submitted in the 2011 submission period.

J. Change to Reporting Frequency

    Prior to the 2003 Amendments, the IUR collection occurred every 4 
years. EPA reduced the reporting frequency from every 4 years to every 
5 years starting with the 2006 IUR to reduce the burden associated with 
the amended IUR rule. For the reasons described in this section, the 
Agency has determined that reporting every 5 years is too infrequent, 
and now is proposing to return to reporting every 4 years.
    As described in Unit III.D.1., a review of the previous reporting 
under IUR has revealed an approximately 30% change in the chemicals 
that are reported from one submission period to the next. While the 
less frequent reporting does reduce burden, EPA now believes that 
reporting every 5 years does not provide data sufficiently current to 
meet Agency and public needs. As described in Unit V.4.i., the Agency 
has been criticized for using outdated information. For instance, in 
its ``Across the Pont'' publication, the Environmental Defense Fund 
(EDF) stated ``Given the dynamic nature of the chemical market, both 
from year to year and between 2005 and the present, some of the data we 
report here on chemicals, their production/import volumes and their 
associated companies may well have changed.'' (See http://www.edf.org/document/8538_Across_Pond_Report.pdf). EPA, therefore, also is 
considering increasing the frequency of reporting to every 3 years, or 
possibly to annual reporting. The Agency believes that efficiencies are 
gained with more frequent reporting, both for the submitter and for 
EPA. With more frequent reporting, companies would be able to establish 
standard systems and practices to collect the required information. For 
instance, for annual reporting the Agency estimates that submitters 
would reduce the burden for each reporting cycle by approximately 20%. 
(See Chapter 4 of the Economic Analysis, Ref. 15). EPA invites comment 
on the proposed return to 4-year reporting intervals, and also on more 
frequent reporting (i.e., every 3 years, biennial, or annual 
reporting). Further information is provided in Question 4.i. under Unit 
V., and the various reporting frequency alternatives are analyzed in 
the Economic Analysis. (See Chapter 4 and Appendix G of the Economic 
Analysis, Ref. 15)

IV. Clarifications to Reporting Requirements

A. Clarification of the Relationship Between Company Name and Site 
Identity CBI Claims

    Under the IUR, submitters are able to claim as CBI both the company 
name and site identity associated with a chemical substance for which 
they are reporting under the IUR. The submitter is required to provide 
an upfront substantiation for CBI claims for the site identity. EPA 
believes there is some confusion as to what is considered confidential 
when such claims are made, and is taking this opportunity to provide 
clarification.
    The e-IURweb reporting software does not allow for blanket CBI 
claims for company and site identity information, since those are 
separate claims and in some cases one type of claim may be justified 
while the other is not. Rather, a submitter is permitted to assert its 
CBI claim for the company identity, the site identity, or both the 
company and site identity associated with each chemical substance for 
which they are submitting an IUR report. In addition, the submitter 
must provide separately the required upfront substantiation for the 
site identity CBI claims associated with each chemical substance. For 
instance, if the submitter is reporting for five chemical substances 
and wishes to claim its site information confidential for three of the 
five chemical substances, it must assert the claim and provide separate 
upfront substantiation three times, once for each of the three chemical 
substances. The CBI claim protects the link between the company and/or 
site identity and the particular chemical substance. If the company or 
site identity associated with a particular chemical substance is not 
claimed as CBI, EPA may make that information available to the public 
without further notice to the submitter. EPA will not impute the 
existence of a CBI claim for company identity or for site identity from 
a CBI claim associated with a different chemical substance.
    EPA has also observed that submitters sometimes claim only their 
company identity, and not their site identity, as confidential. If the 
site identity for a particular chemical substance is not claimed as 
CBI, or is claimed but not substantiated pursuant to 40 CFR 710.58(c) 
(proposed 40 CFR 711.30(c)), EPA may make that information available to 
the public without further notice to the submitter. EPA will not impute 
the existence of a CBI claim for site identity from a CBI claim for 
company identity, even if the company name appears within the site 
identity information. To help ensure that submitters consider this 
issue, EPA plans to modify the e-IURweb reporting software so that it 
will provide a warning whenever the company identity is claimed as CBI 
for a particular chemical substance and the site identity is not also 
claimed as CBI for that chemical substance.

B. Explanation of Byproduct Reporting

    During the 2006 submission period, EPA received questions about the 
requirements for reporting byproducts, including whether byproduct 
manufacturers (including importers) were required to report the 
byproducts under the IUR rule. These included some questions involving 
a manufacturer (including importer) that uses a chemical substance in 
the production of an article. Such manufacturing may produce a 
byproduct chemical substance that is chemically different from the 
starting chemical substance; the manufacturer therefore may incur 
reporting obligations under the IUR rule for that byproduct. The Small 
Business Administration (SBA) also communicated with EPA about related 
issues and questions, including ideas on how they could be potentially 
addressed (Ref. 19). Generally, the concerns included how to identify 
byproduct chemical substances, especially when such chemical substances 
were complex and variable mixtures; concerns about

[[Page 49676]]

the manufacturer's ability to determine the recycler's use of the 
byproduct; and identify the need to report, especially when the 
manufacturer does not consider itself a chemical substance 
manufacturer. In light of these and similar questions, EPA is providing 
additional information on byproduct reporting, including circumstances 
under which reporting is not required, in the draft instruction manual 
and in other guidance materials included in the docket for this 
proposed rule (Refs. 5, 20, and 21) in an effort to further clarify 
reporting obligations.
    For purposes of IUR, a byproduct is a chemical substance produced 
without a separate commercial intent during the manufacture, 
processing, use or disposal of another chemical substance or mixture 
(40 CFR 704.3). Thus, for example, when a chemical substance or mixture 
is used for the purpose of manufacturing an article, and that 
manufacture results in the production of a different chemical 
substance, that different chemical substance is a byproduct for 
purposes of the IUR. Chemical substances that are byproducts of the 
manufacture, processing, use, or disposal of another chemical substance 
or mixture, like any other manufactured chemical substances, are 
subject to IUR reporting if they are manufactured, are listed in the 
TSCA Inventory, are not otherwise excluded from reporting, and their 
manufacturer is not specifically exempted from IUR reporting 
requirements.
    For purposes of IUR, a byproduct is ``manufactured'' only if it is 
``manufactured for commercial purposes.'' See TSCA section 8(f). The 40 
CFR 704.3 definition of manufacture for commercial purposes states that 
``[m]anufacture for commercial purposes also applies to substances that 
are produced coincidentally during the manufacture, processing, use, or 
disposal of another substance or mixture, including both byproducts 
that are separated from that other substance or mixture and impurities 
that remain in that substance or mixture. Such byproducts and 
impurities may, or may not, in themselves have commercial value. They 
are nonetheless produced for the purpose of obtaining a commercial 
advantage since they are part of the manufacture of a chemical product 
for a commercial purpose.'' Thus, byproducts of the manufacture, 
processing, use, or disposal of another chemical substance or mixture 
for a commercial purpose are themselves both ``manufactured'' and 
``manufactured for commercial purposes.''
    As with all manufactured chemical substances, IUR information on 
byproducts is of interest to the EPA because such exposure-related 
information is not otherwise available, and it is necessary for the 
Agency to manage risks associated with these chemical substances, to 
fulfill its mandate of protecting human health and the environment. EPA 
does not believe byproducts inherently pose lower exposures or risks 
than other manufactured chemical substances.
    Byproducts that are manufactured (including imported) in volumes of 
25,000 lb. or more at a single site are potentially subject to IUR 
requirements. However, 40 CFR 710.50(c) (proposed 40 CFR 711.10(c)) 
excludes from reporting those chemical substances meeting the 
requirements of 40 CFR 720.30(g) or (h). Manufacturers (including 
importers) of byproducts are not required to report the manufacture 
(including import) of a byproduct if the byproduct is not used for 
commercial purposes. See 40 CFR 720.30(h)(2). Thus, even where a 
byproduct is manufactured (including imported) for a commercial 
purpose, if the byproduct is not subsequently put to use for another 
commercial purpose, the byproduct is excluded from IUR reporting. 
Furthermore, if the byproduct's ``only commercial purpose is for use by 
public or private organizations that: (1) burn it as a fuel, (2) 
dispose of it as a waste, including in a landfill or for enriching 
soil, or (3) extract component chemical substances from it for 
commercial purposes,'' 40 CFR 720.30(g), that byproduct is also 
excluded from IUR reporting. This exclusion applies only to the 
byproduct; it does not apply to the component chemical substances 
extracted from the byproduct.
    Some manufacturers (including importers) of byproducts have 
expressed a belief that a chemical substance that is regulated by 
another EPA program, such as the Resource Conservation and Recovery Act 
(RCRA), or that is exempt from certain requirements by the other 
program based on certain treatments or disposals, should not be 
required to be reported for IUR purposes. However, when such chemical 
substances have a commercial purpose not exempted by 40 CFR 710.50(c) 
(proposed 40 CFR 711.10(c)), the manufacturer (including importer) of 
such a chemical substance does need to consider IUR requirements.
    EPA requests comment on the draft guidance documents included in 
the docket for this proposed rule and on how best to inform companies 
that may not consider themselves to be manufacturers (including 
importers) of chemical substances of their potential need to report. In 
addition, EPA requests comment on how the substantive modifications of 
the IUR described in this proposed rule could be further modified to 
minimize reporting burden and costs for byproduct manufacturers 
(including importers) and recyclers, while still collecting the 
exposure-related information needed to fulfill EPA's mandate.

V. Request for Comment

    EPA requests comment on all substantive modifications of the IUR 
described in this proposed rule, all available alternatives that bear 
on such modifications, and the Economic Analysis prepared in support of 
this proposed rule (Ref. 15). Following is a list of additional issues 
on which the Agency is specifically requesting public comment. EPA 
encourages all interested persons to submit comments on these issues, 
and to identify any other relevant issues as well. This input will 
assist the Agency in developing a final rule that successfully 
addresses information needs while minimizing potential reporting 
burdens associated with the rule. EPA requests that commenters making 
specific recommendations include supporting documentation where 
appropriate.
    1. EPA anticipates promulgating a final rule by the spring of 2011. 
Recognizing that this would be shortly before the next scheduled 
submission period (scheduled to run from June 1, 2011 through September 
30, 2011), EPA solicits comment on the transition to new IUR 
requirements. Specifically, EPA would conduct the 2011 reporting based 
on the full set of data elements specified in this proposed rule (if 
finalized as proposed). Further reporting cycles would then recur every 
4 years (or other interval as specified in the final rule), along the 
same lines and with the addition of determining compliance obligations 
based on manufacturing and import volume from the calendar years since 
the previous principal reporting year (e.g., reporting in 2015 
information based on years 2011, 2012, 2013, and 2014). EPA is also 
considering changing the existing 2011 submission period to another 4-
month period later in 2011.
    2. As discussed in Unit II.D., EPA is increasing its emphasis on 
assessing, prioritizing, and taking action on existing chemical 
substances that pose unreasonable risks, with particular emphasis on 
protecting children. EPA is interested in receiving comments regarding 
how to use IUR data, including how to amend the rule, to best assist in 
this effort. Similarly, EPA seeks comment on how to tailor more

[[Page 49677]]

narrowly the substantive modifications to the IUR contained in this 
proposal so as to avoid gathering information which EPA or the public 
would not be able to use.
    3. Through the IUR, EPA collects information on chemical substances 
for which the Agency is most likely to have an interest. Accordingly, 
to minimize reporting burdens, EPA developed exemptions from the IUR. 
From time to time, EPA adjusts these reporting exemptions in order to 
address its chemical substance management program needs.
    In response to public comments received in response to the 1985 
proposed IUR rule (Ref. 22), EPA established certain exclusions from 
these exemptions (Ref. 23). The exclusions were to ensure the Agency 
receives IUR information on chemical substances that are of interest to 
the Agency. The introductory paragraph to 40 CFR 710.46 (proposed 40 
CFR 711.6) identifies that chemical substances that are the subject of 
proposed or promulgated TSCA section 4, 5(a)(2), 5(b)(4), or 6 rules 
are excluded from the chemical substance exemptions listed in the 
section. The introductory paragraph to 40 CFR 710.49 (proposed 40 CFR 
711.9) identifies that small manufacturers of chemical substances that 
are the subject of proposed or promulgated TSCA section 4, 5(b)(4), or 
6 rules are excluded from the small manufacturer exemption listed in 
the section.
    As identified in Unit II.D., EPA's Administrator has made it a 
priority to strengthen the Agency's chemical management program. EPA 
uses IUR information on proposed rule chemical substances to inform 
final regulations, especially with respect to accurately responding to 
public comments; to determine the need for actions supplementing 
proposed rules, such as voluntary programs; to provide up-to-date, 
definitive identities of companies manufacturing (including importing) 
chemical substances potentially subject to a final rule; and to provide 
up-to-date, accurate information to the public about chemical 
substances for which the Agency has expressed an interest. For example, 
five chemical substances were excluded from the final OSHA dermal test 
rule published in the Federal Register issue of April 6, 2004 (Ref. 24) 
because IUR data collected indicated that there was no longer 
substantial production.
    EPA is interested in receiving comments on whether EPA should 
continue to include chemical substances that are the subject of 
proposed rules in the list of exclusions at 40 CFR 710.46 (proposed 40 
CFR 711.6) and 40 CFR 710.49 (proposed 40 CFR 711.9). If the proposed 
rule exclusion were no longer available, should EPA consider removing 
some or all of the reporting exemptions? This would allow EPA to obtain 
information on those chemical substances for which it is considering 
analysis or regulation, but which would otherwise be exempt. EPA also 
is interested in receiving comments on whether the Agency should: Add 
new exclusions to reporting exemptions; entirely eliminate certain 
reporting exemptions under circumstances other than those described in 
this unit; or leave the exclusions from the reporting exemptions 
unchanged.
    4. The proposals discussed in Unit III.D.1. would result in a site 
reporting data on subject chemical substances exceeding the 25,000 lb. 
threshold for any calendar year since the last principal reporting 
year. The site would report manufacturing (including production 
volume), processing, and use information for the principal reporting 
year (e.g., 2010), as well as production volume information for all the 
years since the last IUR principal reporting year (i.e., 2006 through 
2009, for principal reporting year 2010). In developing this proposal, 
EPA considered several other reporting options and is seeking comment 
on these options, which are described in Unit V.4.i.-4.iii.
    i. EPA is proposing to return the reporting frequency to 4 years 
and is considering further increasing the frequency to every 3 years, 
biennially, or annually. (See Ref. 15 for burden and cost information.) 
More frequent reporting provides more current data. Eliminating the 5-
year wait for current information would address concerns that IUR data 
are outdated and therefore less useful than if it were more current. 
EPA is particularly interested in the annual reporting option for 
several reasons. Annual reporting would enable EPA to better analyze 
trends, including ascertaining which chemical substances are 
manufactured on a consistent basis, which chemical substances have wide 
variations from year to year, and which chemical substances are 
increasing or decreasing in volume. Trend analyses measure the success 
of programs and can be used to proactively identify developing issues 
and generally provide a greater insight into the chemical industry. 
Obtaining this information annually, instead of the proposed option of 
reporting 4 years of production volume at one time, would allow for 
closer monitoring of trends and the more timely feedback on the success 
of programs than would be possible under the proposed option, although 
if processing and use data changes little year-on-year, it could 
significantly raise the burden of the IUR on submitters without 
providing EPA or the public with information benefits. In addition, 
annual reporting would provide the opportunity to tie-in more closely 
or actually integrate IUR reporting with the already-required annual 
TRI reporting.
    ii. EPA requests comment on whether the reporting frequency should 
remain 5 years and whether the proposed requirement for annual 
production data resolves concerns that IUR data are outdated for its 
intended purpose. What is the marginal value of processing and use data 
gathered every 4 years versus every 5 years?
    iii. EPA is also interested in comments regarding changing the 
reporting threshold from 25,000 lb. to 10,000 lb., but is not including 
this change in the regulatory text accompanying this proposal. (See 
Ref. 15 for burden and cost information.) Prior to the 2006 IUR, the 
threshold for determining the need to report was 10,000 lb., therefore 
this change in the reporting threshold would be a return to the status 
quo for the IUR. The Agency is interested in collecting information on 
chemical substances with nationally aggregated production volumes of 
25,000 lb. or higher. Because chemical substances are often 
manufactured (including imported) at more that one site, chemical 
substances with site-specific production volumes that fall below the 
25,000 lb. reporting threshold and therefore would not be reported for 
IUR may have aggregated production volumes of 25,000 lb. or greater. 
Are there other thresholds (higher or lower) that might be appropriate?
    5. EPA requests comment on the draft economic analysis to evaluate 
whether the proposed collection of information is necessary for the 
proper performance of the functions of the Agency, including whether 
the information will have practical utility.
    6. EPA requests comment on the accuracy of the Agency's estimate of 
the burden of the proposed collection of information, including the 
validity of the methodology and assumptions used.
    7. EPA requests comment on how the substantive proposed revisions 
to the IUR could be further modified to enhance the quality, utility, 
and clarity of the information to be collected.
    8. EPA requests comment on how best to minimize the burden of the 
collection of information on those who are to respond, including 
through the use of appropriate automated, electronic, mechanical, or 
other technological collection techniques or other forms of

[[Page 49678]]

information technology, e.g., permitting electronic submission of 
responses.
    9. EPA is considering collecting additional exposure-related data, 
similar to those collected under TSCA section 5 (New Chemicals 
Program), to enhance the Agency's capabilities in conducting screening-
level exposure assessments of chemical substances reported to the IUR.
    EPA, through its experience in using the IUR exposure-related and 
use information, has learned that the current IUR data are not 
sufficient for determining quantitative estimates of releases of and 
exposures to chemical substances. As a result of the available 2006 IUR 
data, EPA could develop only qualitative exposure characterizations 
with relative ranking of low, medium, or high for characterizing 
potential exposures to various populations. While the usefulness of 
these data was limited because data were only partially reported (see 
Unit III.G.), it was also limited because the specific data elements, 
as included in the 2006 IUR, were not detailed and comprehensive enough 
to enable EPA to generate a more robust estimate. For instance, the 
function and use categories used for processing and use information 
were broad, and the reported production volume information was 
insufficient to identify the volumes of chemical substance used at the 
manufacturing site or domestically processed or used. The Agency 
believes the proposed rule text changes will improve its ability to 
identify and manage risks associated with existing chemical substances, 
but also believes that supplementary, more in-depth exposure-related 
information (i.e., beyond the elements in the regulatory text of this 
proposed rule) would substantially improve EPA's ability to quantify 
chemical risks. The ability to quantify chemical risks would further 
improve the Agency's ability to identify and manage those risks. EPA 
therefore believes that, while the changes included in the proposed 
regulatory text address the limitations associated with qualitative 
characterizations, further changes would be needed to enable the more 
quantitative estimates.
    If additional data identified in Table 5 of this unit were to be 
reported, EPA could use currently available assessment tools and 
methodologies to develop screening-level estimates of chemical 
substance environmental releases and concentrations to various 
environmental media (including air, water, and land) and exposures to 
the potentially exposed populations (such as workers, consumers, 
children, and the general population). Examples of the tools and 
methodologies include the Agency's Chemical Screening Tool For 
Exposures & Environmental Releases (ChemSTEER) (Ref. 25) and Exposure 
and Fate Assessment Screening Tool (EFAST) (Ref. 26). The Agency 
anticipates that the improved screening-level exposure assessments 
would be similar to what is developed for new chemical substances 
submitted to the Agency for review to identify chemicals of concern and 
potential risk management. The PMN Program Form 7710-25 (available at: 
http://www.epa.gov/opptintr/newchems/pubs/pmnforms.htm) (Ref. 27) was 
used to develop the additional potential exposure-related data elements 
and their brief descriptions listed in Table 5 of this unit:

 Table 5.--Additional Exposure-Related Data Elements Under Consideration
                             by EPA for IUR
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                          Manufacturing Process
------------------------------------------------------------------------
Description of manufacturing process....  Provide a process flow diagram
                                           which describes the
                                           manufacturing operations
                                           involving the chemical
                                           substance. ``Manufacturing
                                           operation'' means a
                                           functional step in which
                                           chemical substances undergo
                                           chemical changes and/or
                                           changes in location,
                                           temperature, pressure,
                                           physical state, or similar
                                           characteristics. Include
                                           steps in which the chemical
                                           chemical substance is
                                           formulated into gels,
                                           mixtures, suspensions,
                                           solutions, etc. and in which
                                           the chemical substance is
                                           transferred into interim
                                           storage or shipping
                                           containers. Indicate in your
                                           diagram the entry and exit
                                           points of the chemical
                                           substance. Number all points
                                           from which the chemical
                                           substance will be released to
                                           the environment or to control
                                           equipment, including small or
                                           intermittent releases (e.g.
                                           some cleaning releases, drum
                                           residues, etc.) and trace
                                           amounts of the chemical
                                           substance.
Continuous or batch process.............  Indicate whether the chemical
                                           substance is manufactured in
                                           discrete batches or is
                                           produced by continuously
                                           adding reactants and removing
                                           the reaction product.
Amount of chemical substance produced     If the chemical substance is
 per day or per batch.                     produced in discrete batches,
                                           indicate the amount of the
                                           chemical substance in pounds
                                           produced in each batch; if
                                           the chemical substance is
                                           produced in a continuous
                                           process, indicate the amount
                                           of chemical substance in
                                           pounds manufactured each day.
Batch or daily run time.................  If the chemical substance is
                                           produced in discrete batches,
                                           indicate the batch time
                                           (hours/batch); if the
                                           chemical substance is
                                           produced in a continuous
                                           process, indicate the daily
                                           run time (hours/day).
Days of operation per year or number of   If the chemical substance is
 batches per year.                         produced in discrete batches,
                                           indicate the number of
                                           batches per year necessary to
                                           produce the reported
                                           production volume; if the
                                           chemical substance is
                                           produced in a continuous
                                           process, indicate the number
                                           of days of operation per year
                                           needed to produce the
                                           reported production volume.
Unit operations.........................  List the unit operations
                                           needed to produce the
                                           chemical substance. Unit
                                           operation means a functional
                                           step in manufacturing,
                                           processing, or use operation
                                           where chemical substances
                                           undergo chemical changes, or
                                           changes in temperature,
                                           pressure, physical state,
                                           concentration, purity, or
                                           similar characteristics.
                                           Examples of unit operations
                                           include blending,
                                           distillation, filtration, and
                                           drying.

[[Page 49679]]

 
Storage and shipping containers.........  List the types of containers
                                           used to transport or store
                                           the chemical substance and
                                           their capacity. Examples of
                                           containers include 1-liter
                                           bottles; 5-gallon pails; 55-
                                           gallon drums; 200-pound
                                           totes; 5,000-gallon tank
                                           trucks; and 20,000-gallon
                                           railcars.
------------------------------------------------------------------------
                     Manufacturing Worker Exposures
------------------------------------------------------------------------
Worker activities.......................  Describe each specific
                                           activity in the operation
                                           during which workers may be
                                           exposed to the chemical
                                           substance. Such activities
                                           may include charging reactor
                                           vessels, sampling for quality
                                           control, transferring
                                           chemical substances from one
                                           container to another,
                                           changing filters, filling
                                           drums, loading and loading
                                           tank cars or trucks, etc.
                                           Activities must be described
                                           even when workers wear
                                           protective equipment.
Duration and frequency of worker          For each worker activity,
 exposure.                                 enter the maximum duration in
                                           hours per day and number of
                                           days per year that any one
                                           worker will engage in the
                                           activity during a normal work
                                           day based on the reported
                                           production volume.
Physical form...........................  For each worker activity,
                                           indicate the physical form of
                                           the chemical substance at the
                                           time of exposure.
Maximum concentration...................  For each worker activity,
                                           indicate the maximum
                                           concentration of the chemical
                                           substance in the product at
                                           the time of exposure.
Personal protective equipment and         For each worker activity,
 engineering controls used by workers.     identify the specific types
                                           of protective equipment and
                                           engineering controls that
                                           will be employed to protect
                                           the worker from potential
                                           exposure to the chemical
                                           substance, e.g., gloves,
                                           goggles, protective garment,
                                           local ventilation,
                                           respirator, etc.
Worker monitoring data available........  Indicate whether monitoring
                                           data on occupational exposure
                                           of workers is available.
Summary of occupational exposure          Indicate whether a summary of
 monitoring included.                      occupational exposure
                                           monitoring data is included.
                                           Summary should include
                                           information on the 
                                           of workers involved,  of samples taken, types of
                                           samples (area or personal),
                                           average and standard
                                           deviations of exposure.
------------------------------------------------------------------------
                Manufacturing Releases to the Environment
------------------------------------------------------------------------
Release source (or release point).......  For each point of release
                                           containing the chemical
                                           substance, identify and
                                           describe the point in the
                                           process description at which
                                           the release occurs (e.g.,
                                           releases due to spillage,
                                           residues, separation losses,
                                           and other sources from each
                                           batch or each day).
Media and type of release...............  For each release, indicate the
                                           type (gas or vapor, aqueous
                                           or liquid solution, or solid)
                                           and media (stack air,
                                           fugitive air, surface water,
                                           on-site or off-site land or
                                           incineration, POTW, or other
                                           (specify)) which describes
                                           the release stream containing
                                           the chemical.
Quantity of chemical substance released.  For each release, provide the
 a. Directly to the environment or......   quantity (in pounds) of
 b. Into control technology to the         chemical substance released
 environment.                              a. Directly to the
                                           environment or
                                           b. Into control technology to
                                           the environment in pounds per
                                           day for continuous operation
                                           or pounds per batch for batch
                                           operations.
Control technology......................  For each release, describe the
                                           type of technology used to
                                           control the release of the
                                           chemical substance to the
                                           environment. Examples of
                                           control technologies include
                                           carbon filter, scrubber and
                                           biological treatment
                                           (primary, secondary, etc.).
Efficiency of control technology........  Indicate the established
                                           efficiency of the control
                                           technology in removing or
                                           destroying the chemical
                                           substance.
Destination of release..................  For aqueous releases
                                           containing the chemical
                                           substance, indicate whether
                                           release enters a navigable
                                           waterway, a publicly owned
                                           treatment works (POTW), or
                                           other. Identify the name of
                                           the POTW and/or NPDES  as appropriate. For other
                                           releases, indicate whether
                                           the release goes to a
                                           municipal or hazardous waste
                                           landfill, a commercial
                                           incinerator, enters the
                                           atmosphere, or is otherwise
                                           disposed (specify).
Additional release related information    Indicate whether a description
 attached.                                 of the releases, calculations
                                           or monitoring data on the
                                           quantities of releases, or
                                           additional information on
                                           control technologies and/or
                                           treatment is attached.
------------------------------------------------------------------------

[[Page 49680]]

 
                 Industrial Processing or Use Activities
------------------------------------------------------------------------
Description of Processing or Use........  Provide a process flow diagram
                                           which describes the
                                           processing or use operation
                                           involving the chemical
                                           substance. ``Unit operation''
                                           means a functional step in
                                           which chemical substances
                                           undergo chemical changes and/
                                           or changes in location,
                                           temperature, pressure,
                                           physical state, or similar
                                           characteristics. Include
                                           steps in which the chemical
                                           substance is formulated into
                                           gels, mixtures, suspensions,
                                           solutions, etc. and in which
                                           the chemical substance is
                                           transferred into interim
                                           storage or shipping
                                           containers. Indicate in your
                                           diagram the entry and exit
                                           points of the chemical
                                           substance. Number all points
                                           from which the chemical
                                           substance will be released to
                                           the environment or to control
                                           equipment, including small or
                                           intermittent releases (e.g.,
                                           some cleaning releases, drum
                                           residues, etc.) and trace
                                           amounts of the chemical
                                           substance.
Processing or use at sites controlled by  Indicate whether the sites at
 manufacturer.                             which the chemical is
                                           processed or used are owned
                                           by the manufacturer or
                                           others.
Continuous or batch process.............  Indicate whether the
                                           industrial process in which
                                           the chemical is processed or
                                           used in a batch or continuous
                                           process.
Amount of chemical substance processed    Provide the amount of the
 per day or per batch.                     chemical substance in pounds
                                           processed or used per batch
                                           for batch operation or
                                           processed or used per day for
                                           continuous operation,
                                           respectively.
Batch or daily run time.................  If the chemical substance is
                                           processed in discrete
                                           batches, indicate the batch
                                           time (hours/batch); if the
                                           chemical substance is
                                           processed in a continuous
                                           process, indicate the daily
                                           run time (hours/day).
Days of operation per year or number of   If the chemical substance is
 batches per year.                         processed in discrete
                                           batches, indicate the number
                                           of batches per year necessary
                                           to process the reported
                                           production volume; if the
                                           chemical substance is
                                           produced in a continuous
                                           process, indicate the number
                                           of days of operation per year
                                           needed to process the
                                           reported production volume.
Unit operations.........................  List the unit operations
                                           needed to process the
                                           chemical substance. Unit
                                           operation means a functional
                                           step in manufacturing,
                                           processing, or use operation
                                           where chemical substances
                                           undergo chemical changes, or
                                           changes in temperature,
                                           pressure, physical state,
                                           concentration, purity, or
                                           similar characteristics.
                                           Examples of unit operations
                                           include blending,
                                           distillation, filtration, and
                                           drying.
Storage and shipping containers used....  List the types of containers
                                           used to transport or store
                                           the chemical substance and
                                           their capacity. Examples of
                                           containers include 1-liter
                                           bottles; 5-gallon pails; 55-
                                           gallon drums; 5,000-gallon
                                           tank trucks; and 20,000-
                                           gallon railcars.
------------------------------------------------------------------------
           Industrial Processing or Use Occupational Exposures
------------------------------------------------------------------------
Worker activities.......................  Describe each specific
                                           activity in the operation
                                           during which workers may be
                                           exposed to the chemical
                                           substance. Such activities
                                           may include charging reactor
                                           vessels, sampling for quality
                                           control, transferring
                                           chemical substances from one
                                           container to another,
                                           changing filters, filling
                                           drums, loading and loading
                                           tank cars or trucks, etc.
                                           Activities must be described
                                           even when workers wear
                                           protective equipment.
Duration and frequency of worker          For each worker activity,
 exposure.                                 provide the maximum duration
                                           in hours per day and the
                                           number of days per year
                                           during which any one worker
                                           will engage in the activity
                                           during a normal work day
                                           during in processing or use.
Physical form...........................  For each worker activity,
                                           indicate the physical form of
                                           the chemical substance at the
                                           time of exposure.
Maximum concentration...................  For each worker activity,
                                           indicate the maximum
                                           concentration of the chemical
                                           substance in the product at
                                           the time of exposure.
Personal protective equipment and         For each worker activity,
 engineering controls used by workers.     identify the specific types
                                           of protective equipment and
                                           engineering controls that
                                           will be employed to protect
                                           the worker from potential
                                           exposure to the chemical
                                           substance, e.g., gloves,
                                           goggles, protective garment,
                                           local ventilation,
                                           respirator, etc.
Worker monitoring data available........  Indicate whether monitoring
                                           data on occupational exposure
                                           of workers is available.
Summary of occupational exposure          Indicate whether a summary of
 monitoring included.                      occupational exposure
                                           monitoring data is included.
                                           Summary should include
                                           information on the 
                                           of workers involved,  of samples taken, types of
                                           samples (area or personal),
                                           average and standard
                                           deviations of exposure.
------------------------------------------------------------------------
        Industrial Processing or Use Releases to the Environment
------------------------------------------------------------------------
Release source (or point)...............  For each point of release
                                           containing the chemical
                                           substance, identify and
                                           describe the point in the
                                           process description at which
                                           the release occurs (e.g.,
                                           releases due to spillage,
                                           residues, separation losses,
                                           and other sources from each
                                           batch or each day).

[[Page 49681]]

 
Media and type of release...............  For each release, indicate the
                                           type (gas or vapor, aqueous
                                           or liquid solution, or solid)
                                           and media (stack air,
                                           fugitive air, surface water,
                                           on-site or off-site land or
                                           incineration, POTW, or other
                                           (specify)) which describes
                                           the release stream containing
                                           the chemical.
Quantity of chemical substance released.  For each release, provide the
 a. Directly to the environment or......   quantity (in pounds) of
 b. Into control technology to the         chemical substance released
 environment.                              a. Directly to the
                                           environment or
                                           b. Into control technology to
                                           the environment in pounds per
                                           day for continuous operation
                                           or pounds per batch for batch
                                           operations.
Control technology......................  For each release, describe the
                                           type of technology used to
                                           control the release of the
                                           chemical substance to the
                                           environment. Examples of
                                           control technologies include
                                           carbon filter, scrubber and
                                           biological treatment
                                           (primary, secondary, etc.).
Efficiency of control technology........  Indicate the established
                                           efficiency of the control
                                           technology in removing or
                                           destroying the chemical
                                           substance.
Destination of release..................  For aqueous releases
                                           containing the chemical
                                           substance, indicate whether
                                           release enters a navigable
                                           waterway, a publicly owned
                                           treatment works (POTW), or
                                           other. Identify the name of
                                           the POTW and/or NPDES  as appropriate. For other
                                           releases, indicate whether
                                           the release goes to a
                                           municipal or hazardous waste
                                           landfill, a commercial
                                           incinerator, enters the
                                           atmosphere, or is otherwise
                                           disposed (specify).
Additional release related information    Indicate whether a description
 attached.                                 of the releases, calculations
                                           or monitoring data on the
                                           quantities of releases, or
                                           additional information on
                                           control technologies and/or
                                           treatment is attached.
------------------------------------------------------------------------
                  Commercial Use Occupational Exposure
------------------------------------------------------------------------
Description of commercial use...........  Describe the commercial use(s)
                                           of products containing the
                                           chemical substance.
Function of chemical in commercial        Describe the function of the
 product.                                  chemical in the commercial
                                           product, e.g., dispersive
                                           dye, solvent, stabilizer,
                                           hardener, plasticizer,
                                           filler, etc.
Number of potentially exposed commercial  Indicate the number of workers
 workers.                                  in commercial establishments
                                           who are reasonably likely to
                                           be exposed to the chemical
                                           substance.
Physical form of commercial product.....  Indicate the physical form of
                                           the product containing the
                                           chemical substance.
Method of commercial product application  Describe the application
                                           method (e.g. sprayed applied
                                           via pump sprayer or aerosols,
                                           poured or applied manually)
                                           of the product containing the
                                           chemical chemical substance
                                           and whether the commercial
                                           use is destructive,
                                           contained, dispersive, etc.
Duration and frequency of commercial      Indicate the duration of use,
 product use.                              e.g., 5 minutes or less, 30
                                           minutes or less, 1 hour or
                                           less, etc. and frequency of
                                           commercial use, e.g., used
                                           more than once a day, used
                                           once a day, used several
                                           times a week, etc.
------------------------------------------------------------------------
                        Consumer Use and Exposure
------------------------------------------------------------------------
Description of consumer use.............  Describe the consumer use(s)
                                           of products containing the
                                           chemical substance.
Function of chemical in consumer product  Describe the function of the
                                           chemical in the consumer
                                           product, e.g., dispersive
                                           dye, solvent, stabilizer,
                                           hardener, plasticizer,
                                           filler, etc.
Number of potentially exposed consumers.  Indicate the number of
                                           consumers reasonably likely
                                           to be exposed to the chemical
                                           substance.
Physical form of consumer product(s)      Indicate the physical form,
 containing the chemical substance.        e.g., gel, foam, powder, etc.
                                           of the consumer product
                                           containing the chemical
                                           substance.
Method of consumer product application..  Describe the application of
                                           the consumer product
                                           containing the chemical
                                           substance, for example,
                                           chemical substances in
                                           products that will be sprayed
                                           via pump sprayer or aerosols;
                                           products that are poured,
                                           mixed, applied by hand/
                                           mechanical device; chemical
                                           substances that can be
                                           released via diffusion,
                                           evaporation, abrasion, etc.,
                                           from articles; or chemical
                                           substances that are
                                           incorporated into articles
                                           with no potential for
                                           release, etc.
Duration and frequency of consumer        Indicate the duration of
 product use.                              consumer use, e.g., used for
                                           5 minutes or less, 30 minutes
                                           or less, less than 1 hour,
                                           etc. and frequency of
                                           consumer use, e.g., used more
                                           than once a day, used once a
                                           day, used several times a
                                           week, etc.
------------------------------------------------------------------------


    EPA is soliciting comment on the data elements identified in Table 
5 of this unit. Collecting these data would enable the Agency to 
develop more comprehensive and complete screening assessments of the 
exposures that may be encountered during the manufacture, processing, 
and use of chemical substances. The Agency also is interested in 
whether any additional data elements should be collected, and in any 
other considerations relating to the collection of additional data. 
Because these data elements are based on the data elements included in 
a PMN submission, EPA believes the burden a site would incur to provide 
these data for each chemical substance would be

[[Page 49682]]

similar to the burden incurred for a site to develop a single PMN 
submission, almost doubling the burden of the IUR program. EPA presents 
the estimated increase in industry costs and burden associated with 
change in Appendix H of the Economic Analysis (Ref. 15).
    EPA is also soliciting comment on the best method to collect these 
data. The Agency is considering three approaches to collect these data 
from known manufacturers (including importers). These approaches are: 
Integrating these data elements into the IUR, promulgating a new 
reporting mechanism under TSCA section 8(a), or using TSCA section 
11(c) subpoena authority. Integrating these data elements into the IUR 
would provide a more complete set of data, enabling the Agency to 
identify proactively potential exposure-based chemical risk management 
issues and to provide the public access to an enhanced database. The 
Agency is also soliciting comment on the appropriate scope of an IUR 
requirement to report these data elements. For instance, the scope 
could be based on chemical identity, and the Agency could provide a 
list of chemical substances for which these data would be reported. 
Alternatively, the scope could be based on production volume, and the 
Agency could identify the production volume range for which these data 
would be reported.
    As a second option, the Agency is considering promulgating a new 
reporting mechanism under TSCA section 8(a) that would enable the 
collection of enhanced exposure-related data, described in this 
section, for about 100 chemical substances per year. For instance, EPA 
could notify manufacturers (including importers) of the need to submit 
additional information, e.g., via a Federal Register notice or 
individually via U.S. mail, with details on the data to report and the 
reporting criteria. (See Ref. 15 for burden and cost information.) This 
approach would enable the Agency to target the collection to those 
chemical substances of current priority for screening-level assessment. 
The Agency also solicits comment on the need to establish a 
complementing recordkeeping requirement. Such a recordkeeping 
requirement would ensure that the additional data subject to the new 
reporting mechanism would be more quickly available at the time that 
EPA requested them. However, without advance notice regarding the 
specific chemical substances for which information would be required, 
manufacturers (including importers) of all chemical substances subject 
to the IUR would be required to maintain the records.
    As a third option, EPA is considering the use of TSCA section 11(c) 
subpoena authority to collect enhanced exposure-related data. Section 
11(c) of TSCA gives the Agency broad authority to collect information 
for regulatory purposes and would, therefore, allow EPA to require, by 
subpoena, the submission of the enhanced exposure-related data. Among 
the circumstances in which the Agency is considering exercising this 
subpoena authority are those in which the enhanced data elements are 
not available through other means and are necessary for a more 
effective screening level review of chemical substances on a case by 
case basis.
    10. EPA is considering collecting exposure-related information from 
processors in addition to collecting the data from manufacturers 
(including importers).
    Currently, only manufacturers (including importers) are responsible 
for providing information required by the IUR rule. Section 8(a) of 
TSCA enables the Agency also to collect information from processors. 
EPA seeks comment on also requiring processors to report processing and 
use data under the three data collection approaches described in Unit 
V.9. (i.e., by modification of the IUR rule, via notification issued 
under a new data reporting mechanism, or using existing subpoena 
authority). (See Ref. 15 for burden and cost information.) The Agency 
believes that processors may be more familiar with the processing and 
use of the chemical substances than manufacturers (including 
importers), and therefore may be able to provide more complete and 
accurate exposure-related data.

VI. References

    As indicated under ADDRESSES, a docket has been established for 
this rulemaking under docket ID number EPA-HQ-OPPT-2009-0187. The 
following is a listing of the documents that are specifically 
referenced in this document. The docket includes these documents and 
other information considered by EPA in developing this proposed rule, 
including documents that are referenced within the documents that are 
included in the docket, even if the referenced document is not 
physically located in the docket. For assistance in locating these 
other documents, please consult the technical person listed under FOR 
FURTHER INFORMATION CONTACT.
    1. EPA. Inventory Reporting Regulations; Final rule. Federal 
Register (42 FR 64572, December 23, 1977) (FRL-817-1).
    2. EPA. Partial Updating of TSCA Inventory Data Base; Production 
and Site Reports; Final rule. Federal Register (51 FR 21438, June 12, 
1986) (FRL-2973-3).
    3. EPA. TSCA Inventory Update Rule Amendments; Final rule. Federal 
Register (68 FR 848, January 7, 2003) (FRL-6767-4).
    4. EPA. OPPT. Enhancing EPA's Chemical Management Program. 
Available on-line at: http//www.epa.gov/oppt/existingchemicals/pubs/enhanchems.html.
    5. EPA. Draft Instructions for 2011 Inventory Update Reporting, 
July 2010.
    6. EPA. OPPT. IUR Modifications Rule: Development of Definitions 
for Proposed 40 CFR 711.3. July 8, 2010.
    7. EPA. TSCA Inventory Update Reporting Revisions; Final rule. 
Federal Register (70 FR 75059, December 19, 2005) (FRL-7743-9).
    8. EPA. Agency Information Collection Activities; Proposed 
Collection; Comment Request; Partial Update of the TSCA Section 8(b) 
Inventory Data Base, Production and Site Reports; EPA ICR No. 1884.04, 
OMB Control No. 2070-0162; Notice. Federal Register (73 FR 51805, 
September 5, 2008) (FRL-8370-3).
    9. EPA. Development of CDX Workflow for Electronic Toxic Substances 
Control Act (eTSCA) Submissions: Draft User Guide (Version 1.0), CDX. 
November 13, 2008.
    10. EPA. OPPT. Electronic Signature Agreement. August 2009.
    11. EPA/Environment Canada/Health Canada, Overview of Harmonized 
U.S.-Canada Industrial Function and Consumer and Commercial Product 
Codes for Chemical Inventory Reporting. June 2009, Revised November 
2009.
    12. American Petroleum Institute, Letter to Docket ID No. EPA-HQ-
OPPT-2008-0785 from Howard J. Feldman. December 8, 2008.
    13. Proctor & Gamble, Letter to Docket ID No. EPA-HQ-OPPT-2008-
0785, from Julie Froelicher. January 23, 2009.
    14. Synthetic Organic Chemical Manufacturers Association, Comments 
submitted to Docket ID No. EPA-HQ-OPPT-2008-0785 from Daniel Newton. 
January 23, 2009.
    15. EPA. OPPT. Economics, Exposure and Technology Division (EETD). 
Economic Analysis for the Proposed Inventory Update Reporting (IUR) 
Modifications Rule. July 20, 2010.
    16. EPA. OPPT. EETD. Inventory Update Reporting (IUR) Technical 
Support Document -- Replacement of

[[Page 49683]]

5-digit NAICS Codes with Industrial Sector (IS) Codes. October 2009.
    17. EPA. Claims of Confidentiality of Certain Chemical Identities 
Submitted under Section 8(e) of the Toxic Substances Control Act; 
Notice. Federal Register (75 FR 3462, January 21, 2010) (FRL-8807-9).
    18. EPA. OPPT. 2006 Inventory Update Reporting: Data Summary. EPA 
Report No. 740S08001. December 2008.
    19. SBA. TSCA IUR Byproducts Reporting v--1 02--18--10.doc. E-mail 
to Wendy Cleland-Hamnett, EPA, from Keith Holman, SBA. March 9, 2010.
    20. EPA. OPPT. Fact Sheet: Recycling and the TSCA Inventory of 
Chemical Substances Premanufacture Notification and Inventory Update 
Reporting Requirements. July 2010.
    21. EPA. OPPT. Draft Q&A Document: Recycling and the TSCA Inventory 
of Chemical Substances Premanufacture Notification and Inventory Update 
Reporting Requirements. July 2010.
    22. EPA. Partial Updating of TSCA Inventory Data Base, Production 
and Site Reports; Proposed rule. Federal Register (50 FR 9944, March 
12, 1985) (FRL-2710-4).
    23. EPA. Partial Updating of TSCA Inventory Data Base; Production 
and Site Reports; Final rule. Federal Register (51 FR 21438, June 12, 
1986) (FRL-2973-3).
    24. EPA. In Vitro Dermal Absorption Rate Testing of Certain 
Chemicals of Interest to the Occupational Safety and Health 
Administration; Final rule. Federal Register (69 FR 22402, April 26, 
2004) (FRL-7312-2).
    25. EPA. Chemical Screening Tool For Exposures & Environmental 
Releases. September 2009. Available on-line at: http://www.epa.gov/oppt/exposure/pubs/chemsteer.htm.
    26. EPA. Exposure and Fate Assessment Screening Tool. September 
2009. Available on-line: http://www.epa.gov/oppt/exposure/pubs/efast.htm,
    27. EPA. Premanufacturing Notice Program Form 7710-25. Available 
on-line: http://www.epa.gov/opptintr/newchems/pubs/pmnforms.htm.
    28. EPA. OPPT. Addendum to Information Collection Request 1884.04, 
OMB control number 2070-0162. July 2010.

VII. Statutory and Executive Order Reviews

A. Regulatory Review

    Under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993), this action has been designated 
a ``significant regulatory action'' by the Office of Management and 
Budget (OMB). Accordingly, EPA submitted this action to OMB for review 
under Executive Order 12866 and any changes made in response to OMB 
recommendations have been documented in the docket for this action.
    In addition, EPA has prepared an economic analysis of the potential 
impacts associated with this action. A copy of this economic analysis, 
entitled, Draft Economic Analysis for the Proposed Inventory Update 
Reporting (IUR) Modifications Rule (Ref. 15), is available in the 
docket and is briefly summarized in this unit. The amendments in this 
proposal affect the number of reports submitted during a submission 
period, the burden to prepare a report, and the reporting frequency. 
EPA estimates that the combined impact of all the proposed amendments 
will increase the total burden and cost to industry associated with IUR 
reporting.
    In its economic analysis, EPA estimated industry cost and burden on 
a per-report and a per-site basis and at the industry level. Industry 
cost and burden are incurred by performing activities to comply with 
the proposed amendments, including compliance determination, rule 
familiarization, preparation and submission of reports, and 
recordkeeping.
    On a per-report basis, EPA estimated incremental increases of 4.28 
hours and $350 for a site to complete a partial report for one chemical 
substance and 17.38 hours and $1,408 to complete a full report for one 
chemical substance, in the first reporting cycle after the effective 
date of the proposed rule amendments. A partial report includes Parts I 
and II of Form U. A full report includes Parts I, II, and III of Form 
U. For future reporting cycles, EPA estimated incremental increases of 
3.28 hours and $275 for a site to complete a partial report for one 
chemical substance and 12.98 hours and $1,075 to complete a full report 
for one chemical substance.
    As a result of the proposed amendments, EPA estimates that the 
average site will submit approximately 2.01 fewer partial reports and 
2.98 additional full reports in a submission period. For the average 
site, this will increase the burden by 341 hours during the first 
reporting cycle and 264 hours for all subsequent reporting cycles. EPA 
estimates that the average site will incur a net cost increase of 
$22,493 during the first reporting cycle and $17,517 during all future 
reporting cycles.
    At the industry level for all sites submitting a Form U, EPA 
estimates a net total burden increase of 1.39 million hours in the 
first reporting cycle, and 1.21 million hours for all subsequent 
reporting cycles. EPA estimates a net cost increase of $91.87 million 
in the first reporting cycle of the rule, and $79.29 million in all 
subsequent reporting cycles. When the reporting cycle costs are 
averaged over the proposed 4-year reporting cycle, the average 
annualized increase in industry cost attributable to the proposed 
amendments is approximately $21.61 million over a 25-year period (at a 
3% discount rate).
    EPA estimates that the Agency will experience a reduction in both 
burden and cost to administer the IUR rule as a result of the proposed 
amendments. Specifically, EPA expects to experience a net burden 
reduction of 1,721 hours in the first reporting cycle and all 
subsequent reporting cycles. The Agency estimates it will experience a 
net savings of $179,600 during each reporting cycle. This information 
will be reflected in the ICR that is submitted every three years to OMB 
under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501  et seq.

B. Paperwork Reduction Act

    The information collection requirements in 40 CFR part 710 related 
to the submission of Form Us are already approved by OMB under PRA. 
That ICR has been assigned EPA ICR No. 1884 and OMB control no. 2070-
0162. Because this proposed rule involves new or revised information 
collection activities that require additional OMB approval, EPA has 
prepared an addendum to the currently approved ICR (Ref. 8). An agency 
may not conduct or sponsor, and a person is not required to respond to 
an information collection request subject to PRA, unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and included on any related 
collection instrument (e.g., on the form or survey).
    Under PRA, the term ``burden'' is interpreted as the total time, 
effort, or financial resources expended by people to generate, 
maintain, retain, disclose, or provide information to or for a Federal 
agency. This includes the time needed by regulated entities to review 
instructions and to develop, acquire, install, and use technology and 
systems to collect, validate, verify, and disclose information. Time 
taken to adjust existing ways to comply with any previously applicable 
instructions and requirements and to train personnel to respond to the 
information collection task is also included. In this analysis,

[[Page 49684]]

total industry burden hours represent the sum of time spent on 
reporting and on other administrative activities. Industry respondents 
will spend time on the following activities associated with the IUR 
rule: Compliance determination, rule familiarization, preparation and 
submission of reports, and recordkeeping.
     As presented in the Economic Analysis (Ref. 15) and the addendum 
ICR, EPA estimates that the proposed rule would create a total 
incremental industry burden of 1.39 million hours in the first 
reporting cycle, if all proposed amendments are finalized as proposed. 
The burden for a site to complete a full IUR report for one chemical 
substance is estimated to be 140.38 hours, which is an incremental 
burden increase of 17.38 hours over the current estimated burden. The 
burden for a site to complete a partial IUR report for one chemical 
substance is estimated to be 57.36 hours, which is an incremental 
burden increase of 5.28 hours over the current estimated burden. For 
future reporting cycles, EPA estimates that the proposed rule would 
create a total incremental industry burden of 1.21 million hours. The 
burden for a full report is estimated to be 95.03 hours, which is an 
incremental increase of 12.98 hours over the current estimated future 
burden. The burden for a partial report is estimated to be 29.40 hours, 
which is an incremental increase of 3.28 hours over the current 
estimate.
    To comment on the Agency's need for this information, the accuracy 
of the provided burden estimates, and any suggested methods for 
minimizing respondent burden, EPA has established a docket for this 
proposed rule, which includes this ICR, under docket ID number EPA-HQ-
OPPT-2009-0187. Submit any comments related to the ICR to EPA and OMB. 
See ADDRESSES for where to submit comments to EPA. Send comments to OMB 
at the Office of Information and Regulatory Affairs, Office of 
Management and Budget, 725 17\th\ St., NW., Washington, DC 20503, 
Attention: Desk Office for EPA. Since OMB is required to make a 
decision concerning the ICR between 30 and 60 days after August 13, 
2010, a comment to OMB is best assured of having its full effect if OMB 
receives it by September 13, 2010. The final rule will respond to any 
OMB or public comments on the information collection requirements 
contained in this proposed rule.

C. Small Entity Impacts

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) 
(5 U.S.C. 601 et seq.), the Agency hereby certifies that this action 
will not have a significant adverse economic impact on a substantial 
number of small entities. The Agency's basis is briefly summarized here 
and is detailed in the Economic Analysis (Ref. 15).
    Under RFA, small entities include small businesses, small 
organizations, and small governmental jurisdictions. For purposes of 
assessing the impacts of this proposed rule on small entities, small 
entity is defined as:
    1. A small business, as defined by the SBA's regulations at 13 CFR 
121.201.
    2. A small governmental jurisdiction that is a government of a 
city, county, town, school district, or special district with a 
population of less than 50,000.
     3. A small organization that is any not-for-profit enterprise 
which is independently owned and operated and is not dominant in its 
field.
Since the regulated community does not include small governmental 
jurisdictions or small not-for-profit organizations, the analysis 
focuses on small businesses.
    The existing IUR rule, at 40 CFR 710.59, generally exempts from 
reporting small businesses, defined at 40 CFR 704.3 as entities with 
annual sales of less than $40 million and less than 100,000 lb. 
production of any given chemical substance at a site; or annual sales 
of less than $4 million. This exemption is maintained in the proposed 
amendments. A small business would be required to report under the 
proposed rule, however, if it produces any chemical substance that is 
the subject of a regulation 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. A small business may also 
report voluntarily.
    EPA analyzed potential small business impacts from this proposed 
rule using both the SBA employee size standards and the TSCA sales-
based definition of small business. EPA estimates that 466 small firms 
potentially would be affected by this proposed rule using the 
employment-based definition, and 280 small firms potentially would be 
affected using the sales-based definition. Based on costs annualized 
over a 4-year period and average sales data for the parent companies, 
EPA estimated that the cost-to-sales ratio of the proposed rule would 
be less than 0.1% for an average small company subject to the rule. For 
a company to have a cost-to-sales ratio larger than 1%, company sales 
would have to be less than $1.02 million. Because the small businesses 
affected by the proposed rule have average sales of more than $412.7 
million under the employment-based definition, and $11.8 million under 
the sales-based definition, small entities will not be affected by the 
proposed amendments to the IUR rule at a cost-to-sales ratio of greater 
than 1% (Ref. 15).
    EPA continues to be interested in the potential impacts of this 
proposed rule on small entities and welcomes comments on issues related 
to such impacts.

D. Unfunded Mandates

    This action does not contain any Federal mandates for State, local, 
or tribal governments or the private sector under the provisions of 
Title II of the Unfunded Mandates Reform Act (UMRA), 2 U.S.C. 1531-
1538. EPA has determined that this regulatory action will not result in 
annual expenditures of $100 million or more for State, local, and 
tribal governments, in the aggregate, or for the private sector. The 
costs associated with this action are briefly described in Unit VII.A., 
and is contained in the Economic Analysis (Ref. 15).
    Based on EPA's past experience, State, local, and tribal 
governments have not been affected by this reporting requirement, and 
EPA does not have any reason to believe that any State, local, or 
tribal government will be affected by this proposed rule. As such, EPA 
has determined that this proposed rule does not impose any enforceable 
duty, contain any unfunded mandate, or otherwise have any affect on 
small governments. Accordingly, this proposed rule is not subject to 
the requirements of sections 202, 203, or 205 of UMRA.

E. Federalism

    Pursuant to Executive Order 13132, entitled Federalism (64 FR 
43255, August 10, 1999), EPA has determined that this proposed rule 
does not have federalism implications because it will not 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, as 
specified in the Executive Order. This proposed rule simply amends the 
IUR rule in several ways to provide information to better address 
Agency and public information needs, improve the usability and 
reliability of the reported data, and ensure that data are available in 
a timely manner. Because EPA has no information to indicate that any 
State or local government manufactures or processes the chemical 
substances covered by this action, the proposed

[[Page 49685]]

rule does not apply directly to States and localities and will not 
affect State and local governments. Thus, Executive Order 13132 does 
not apply to the proposed rule.

F. Tribal Implications

    As required by Executive Order 13175, entitled Consultation and 
Coordination with Indian Tribal Governments (65 FR 67249, November 9, 
2000), EPA has determined that this proposed rule does not have tribal 
implications because it will not have any affect on tribal governments, 
on the relationship between the Federal Government and the Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified in the Order. 
Thus, Executive Order 13175 does not apply to this proposed rule.

G. Children's Health

    EPA interprets Executive Order 13045, entitled Protection of 
Children from Environmental Health Risks and Safety Risks (62 FR 19885, 
April 23, 1997), as applying only to those regulatory actions that 
concern health or safety risks, such that the analysis required under 
section 5-501 of Executive Order 13045 has the potential to influence 
the regulation. This action is not subject to Executive Order 13045 
because it does not establish an environmental standard intended to 
mitigate health or safety risks. Nevertheless, the information obtained 
by the reporting required by this proposed rule will be used to inform 
the Agency's decisionmaking process regarding chemical substances to 
which children may be disproportionately exposed. This information will 
also assist the Agency and others in determining whether the chemical 
substances in this proposed rule present potential risks, allowing the 
Agency and others to take appropriate action to investigate and 
mitigate those risks.

H. Energy Effects

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211, entitled Actions Concerning Regulations that 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001), because it is not likely to have a significant adverse 
effect on the supply, distribution, or use of energy as described in 
the Executive Order.

I. Technical Standards

    Since this action does not involve any technical standards, 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), does 
not apply to this action.

J. Environmental Justice

    The proposed rule does not have an adverse impact on the 
environmental and health conditions in low-income and minority 
communities that require special consideration by the Agency under 
Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994). The Agency believes that 
the information collected under this proposed rule, if finalized, will 
assist EPA and others in determining the potential hazards and risks 
associated with the chemical substances covered by the rule. Because 
the IUR rule is an information collection requirement, the information 
that will become available through the rule will enable the Agency to 
target educational, regulatory, or enforcement activities towards 
industries or chemical substances that pose the greatest risks and/or 
to target programs for geographic areas that are at the highest risk. 
Thus, the information to be gathered under the rule will help EPA make 
decisions that will benefit potentially at-risk communities, some of 
which may be disadvantaged.
    The proposed rule is directed at manufacturers (including 
importers) of chemical substances. All consumers of these chemical 
products and all workers who come into contact with these chemical 
substances could benefit if data regarding the chemical substances' 
health and environmental effects were developed. Therefore, it does not 
appear that the costs and the benefits of the proposed rule will be 
disproportionately distributed across different geographic regions or 
among different categories of individuals.

List of Subjects in 40 CFR Parts 704, 710, and 711

    Environmental protection, Chemicals, Confidential Business 
Information (CBI), Hazardous materials, Imports, Reporting and 
recordkeeping requirements.


    Dated: August 5, 2010.
Stephen A. Owens,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
    Therefore, it is proposed that 40 CFR chapter I be amended as 
follows:

PART 704--[AMENDED]

     1. The authority citation for part 704 continues to read as 
follows:

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


Sec.  704.3  [Amended]

     2. In Sec.  704.3, remove the phrase ``(as defined in 19 CFR 
1.11)'' in paragraph (1)(ii) of the definition importer.

PART 710--COMPILATION OF THE TSCA CHEMICAL INVENTORY

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

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

    4. Revise the heading for part 710 to read as set forth above.
    5. Remove the heading ``Subpart A--General Provisions.''
    6. Revise paragraph (b) of Sec.  710.1 to read as follows:


Sec.  710.1  Scope and compliance.

* * * * *
    (b) This part applies to the activities associated with the 
compilation of the TSCA Chemical Substance Inventory (TSCA Inventory) 
and the update of information on a subset of the chemical substances 
included on the TSCA Inventory.
* * * * *
    7. Section 710.3 is amended as follows:
    i. Remove the phrase ``(as defined in 19 CFR 1.11)'' in paragraph 
(2) of the definition importer.
    ii. Remove the definition non-isolated intermediate.
    iii. Revise the introductory text of the section to read as 
follows:


Sec.  710.3  Definitions.

    For purposes of this part:
* * * * *


Subpart B (Sec.  Sec.  710.23-710.39)  [Removed]

    8. Remove subpart B, consisting of Sec.  Sec.  710.23-710.39.


Subpart C (Sec.  Sec.  710.43-710.59)  [Removed]

    9. Remove subpart C, consisting of Sec.  Sec.  710.43-710.59.
    10. Add new part 711 to subchapter R to read as follows:

PART 711--TSCA INVENTORY UPDATE REPORTING REQUIREMENTS

Sec.
Sec.  711.1 Scope and compliance.
Sec.  711.3 Definitions.
Sec.  711.5 Chemical substances for which information must be 
reported.
Sec.  711.6 Chemical substances for which information is not 
required.
Sec.  711.8 Persons who must report.
Sec.  711.9 Persons not subject to this part.
Sec.  711.10 Activities for which reporting is not required.
Sec.  711.15 Reporting information to EPA.
Sec.  711.20 When to report.
Sec.  711.22 Duplicative reporting.

[[Page 49686]]

Sec.  711.25 Recordkeeping requirements.
Sec.  711.30 Confidentiality claims.
Sec.  711.35 Electronic filing.

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


Sec.  711.1  Scope and compliance.

    (a) This part specifies reporting and recordkeeping procedures 
under section 8(a) of the Toxic Substances Control Act (TSCA) (15 
U.S.C. 2607(a)) for certain manufacturers (including importers) of 
chemical substances. Section 8(a) of TSCA authorizes the EPA 
Administrator to require reporting of information necessary for 
administration of TSCA, including issuing regulations for the purpose 
of compiling and keeping current the TSCA Chemical Substance Inventory 
(TSCA Inventory) manufactured or processed in the United States as 
required by TSCA section 8(b). In accordance with TSCA section 8(b), 
EPA amends the TSCA Inventory to include new chemical substances 
manufactured (including imported) in the United States and reported 
under TSCA section 5(a)(1). EPA also revises the categories of chemical 
substances and makes other amendments as appropriate.
    (b) This part applies to the activities associated with the 
periodic update of information on a subset of the chemical substances 
included on the TSCA Inventory.
    (c) Section 15(3) of TSCA makes it unlawful for any person to fail 
or refuse to submit information required under this part. In addition, 
TSCA section 15(3) makes it unlawful for any person to fail to keep, 
and permit access to, records required by this part. Section 16 of TSCA 
provides that any person who violates a provision of TSCA section 15 is 
liable to the United States for a civil penalty and may be criminally 
prosecuted. Pursuant to TSCA section 17, the Federal Government may 
seek judicial relief to compel submission of TSCA section 8(a) 
information and to otherwise restrain any violation of TSCA section 15. 
(EPA does not intend to concentrate its enforcement efforts on 
insignificant clerical errors in reporting.)
    (d) Each person who reports under this part must maintain records 
that document information reported under this part and, in accordance 
with TSCA, permit access to, and the copying of, such records by EPA 
officials.


Sec.  711.3  Definitions.

    The definitions in this section and the definitions in TSCA section 
3 apply to this part. In addition, the definitions in 40 CFR 704.3 also 
apply to this part, except the definitions manufacture and manufacturer 
in 40 CFR 704.3.
    CDX or Central Data Exchange means EPA's centralized electronic 
document receiving system, or its successors, including associated 
instructions for registering to submit electronic documents.
    Commercial use means the use of a chemical substance or a mixture 
containing a chemical substance (including as part of an article) in a 
commercial enterprise providing saleable goods or services.
    Consumer use means the use of a chemical substance or a mixture 
containing a chemical substance (including as part of an article) when 
sold to or made available to consumers for their use.
    e-IURweb means the electronic, web-based IUR software provided by 
EPA for the completion and submission of the IUR data.
    Industrial function means the intended physical or chemical 
characteristic for which a chemical substance or mixture is consumed as 
a reactant; incorporated into a formulation, mixture, reaction product, 
or article; repackaged; or used.
    Industrial use means use at a site at which one or more chemical 
substances or mixtures are manufactured (including imported) or 
processed.
    Intended for use by children means the chemical substance or 
mixture is used in or on a product that is specifically intended for 
use by children age 14 or younger. A chemical substance or mixture is 
intended for use by children when the submitter answers ``yes'' to at 
least one of the following questions for the product into which the 
submitter's chemical substance or mixture is incorporated:
    (1) Is the product commonly recognized (i.e., by a reasonable 
person) as being intended for children age 14 or younger?
    (2) Does the manufacturer of the product state through product 
labeling or other written materials that the product is intended for or 
will be used by children age 14 or younger?
    (3) Is the advertising, promotion, or marketing of the product 
aimed at children age 14 or younger?
    Manufacture means to manufacture, produce, or import for commercial 
purposes. Manufacture includes the extraction, for commercial purposes, 
of a component chemical substance from a previously existing chemical 
substance or complex combination of chemical substances. When a 
chemical substance, manufactured other than by import, is:
    (1) Produced exclusively for another person who contracts for such 
production.
    (2) That other person specifies the identity of the chemical 
substance and controls the total amount produced and the basic 
technology for the plant process, that chemical substance is jointly 
manufactured by the producing manufacturer and the person contracting 
for such production.
    Manufacturer means a person who manufactures a chemical substance.
    Master Inventory File means EPA's comprehensive list of chemical 
substances which constitute the TSCA Inventory compiled under TSCA 
section 8(b). It includes chemical substances reported under 40 CFR 
part 710 and substances reported under 40 CFR part 720 for which a 
Notice of Commencement of Manufacture or Import has been received under 
40 CFR 720.120.
    Principal reporting year means the latest complete calendar year 
preceding the submission period.
    Reasonably likely to be exposed means an exposure to a chemical 
substance which, under foreseeable conditions of manufacture (including 
import), processing, distribution in commerce, or use of the chemical 
substance, is more likely to occur than not to occur. Such exposures 
would normally include, but would not be limited to, activities such as 
charging reactor vessels, drumming, bulk loading, cleaning equipment, 
maintenance operations, materials handling and transfers, and 
analytical operations. Covered exposures include exposures through any 
route of entry (inhalation, ingestion, skin contact, absorption, etc.), 
but excludes accidental or theoretical exposures.
    Repackaging means the physical transfer of a chemical substance or 
mixture, as is, from one container to another container or containers 
in preparation for distribution of the chemical substance or mixture in 
commerce.
    Reportable chemical substance means a chemical substance described 
in Sec.  711.5.
    Site means a contiguous property unit. Property divided only by a 
public right-of-way shall be considered one site. More than one plant 
may be located on a single site.
    (1) For chemical substances manufactured under contract, i.e., by a 
toll manufacturer, the site is the location where the chemical 
substance is physically manufactured.
    (2) The site for an importer who imports a chemical substance 
described in Sec.  711.5 is the U.S. site of the operating unit within 
the person's organization that is directly responsible for importing 
the chemical substance.

[[Page 49687]]

The import site, in some cases, may be the organization's headquarters 
in the United States. If there is no such operating unit or 
headquarters in the United States, the site address for the importer is 
the U.S. address of an agent acting on behalf of the importer who is 
authorized to accept service of process for the importer.
    (3) For portable manufacturing units sent out to different 
locations from a single distribution center, the distribution center 
shall be considered the site.
    Site-limited means a chemical substance is manufactured and 
processed only within a site and is not distributed for commercial 
purposes as a chemical substance or as part of a mixture or article 
outside the site. Imported chemical substances are never site-limited. 
Although a site-limited chemical substance is not distributed for 
commercial purposes outside the site at which it is manufactured and 
processed, the chemical substance is considered to have been 
manufactured and processed for commercial purposes.
    Submission period means the period in which the manufacturing, 
processing, and use data are submitted to EPA.
    Use means any utilization of a chemical substance or mixture that 
is not otherwise covered by the terms manufacture or process. 
Relabeling or redistributing a container holding a chemical substance 
or mixture where no repackaging of the chemical substance or mixture 
occurs does not constitute use or processing of the chemical substance 
or mixture.


Sec.  711.5  Chemical substances for which information must be 
reported.

    Any chemical substance which is in the Master Inventory File at the 
beginning of a submission period described in Sec.  711.20, unless the 
chemical substance is specifically excluded by Sec.  711.6.


Sec.  711.6  Chemical substances for which information is not required.

    The following groups or categories of chemical substances are 
exempted from some or all of the reporting requirements of this part, 
with the following exception: A chemical substance described in 
paragraph (a)(1), (a)(2), or (a)(4), or (b) of this section is not 
exempted from any of the reporting requirements of this part if that 
chemical substance is the subject of a rule proposed or promulgated 
under TSCA section 4, 5(a)(2), 5(b)(4), or 6, or is the subject of a 
consent agreement developed under the procedures of 40 CFR part 790, or 
is the subject of an order issued under TSCA section 5(e) or 5(f), or 
is the subject of relief that has been granted under a civil action 
under TSCA section 5 or 7.
    (a) Full exemptions. The following categories of chemical 
substances are exempted from the reporting requirements of this part.
    (1) Polymers--(i) Any chemical substance described with the word 
fragments ``*polym*,'' ``*alkyd,'' or ``*oxylated'' in the Chemical 
Abstracts (CA) Index Name in the Master Inventory File, where the 
asterisk (*) in the listed word fragments indicates that any sets of 
characters may precede, or follow, the character string defined.
    (ii) Any chemical substance which is identified in the Master 
Inventory File as siloxane and silicone, silsesquioxane, a protein 
(albumin, casein, gelatin, gluten, hemoglobin), an enzyme, a 
polysaccharide (starch, cellulose, gum), rubber, or lignin.
    (iii) This exclusion does not apply to a polymeric substance that 
has been hydrolyzed, depolymerized, or otherwise chemically modified, 
except in cases where the intended product of this reaction is totally 
polymeric in structure.
    (2) Microorganisms. Any combination of chemical substances that is 
a living organism, and that meets the definition of ``microorganism'' 
at 40 CFR 725.3. Any chemical substance produced from a living 
microorganism is reportable under this part unless otherwise excluded.
    (3) Naturally occurring chemical substances. Any naturally 
occurring chemical substance, as described in 40 CFR 710.4(b). The 
applicability of this exclusion is determined in each case by the 
specific activities of the person who manufactures the chemical 
substance in question. Some chemical substances can be manufactured 
both as described in 40 CFR 710.4(b) and by means other than those 
described in 40 CFR 710.4(b). If a person described in Sec.  711.8 
manufactures a chemical substance by means other than those described 
in 40 CFR 710.4(b), the person must report regardless of whether the 
chemical substance also could have been produced as described in 40 CFR 
710.4(b). Any chemical substance that is produced from such a naturally 
occurring chemical substance described in 40 CFR 710.4(b) is reportable 
unless otherwise excluded.
    (4) Certain forms of natural gas and water. Chemical substances 
with the following CASRN: CASRN 64741-48-6, natural gas (petroleum), 
raw liq. mix; CASRN 68919-39-1, natural gas condensates; CASRN 8006-61-
9, gasoline, natural; CASRN 68425-31-0, gasoline (natural gas), 
natural; CASRN 8006-14-2, natural gas; CASRN 68410-63-9, natural gas, 
dried; and CASRN 7732-18-5, water.
    (b) Partial exemptions. The following groups of chemical substances 
are partially exempted from the reporting requirements of this part 
(i.e., the information described in Sec.  711.15(b)(4) need not be 
reported for these chemical substances). Such chemical substances are 
not excluded from the other reporting requirements under this part.
    (1) Petroleum process streams. EPA has designated the chemical 
substances listed in Table 1 of this paragraph by CASRN, as partially 
exempt from reporting under the IUR.


 Table 1.--CAS Registry Numbers of Partially Exempt Chemical Substances
  Termed ``Petroleum Process Streams'' for Purposes of Inventory Update
                                Reporting
------------------------------------------------------------------------
                  CASRN                               Product
------------------------------------------------------------------------
8002-05-9                                  Petroleum
------------------------------------------------------------------------
8002-74-2                                  Paraffin waxes and
                                            hydrocarbon waxes
------------------------------------------------------------------------
8006-20-0                                  Fuel gases, low and medium
                                            B.T.U.
------------------------------------------------------------------------
8008-20-6                                  Kerosine (petroleum)
------------------------------------------------------------------------
8009-03-8                                  Petrolatum
------------------------------------------------------------------------
8012-95-1                                  Paraffin oils
------------------------------------------------------------------------
8030-30-6                                  Naphtha
------------------------------------------------------------------------
8032-32-4                                  Ligroine
------------------------------------------------------------------------
8042-47-5                                  White mineral oil (petroleum)
------------------------------------------------------------------------
8052-41-3                                  Stoddard solvent
------------------------------------------------------------------------
8052-42-4                                  Asphalt
------------------------------------------------------------------------
61789-60-4                                 Pitch
------------------------------------------------------------------------
63231-60-7                                 Paraffin waxes and
                                            hydrocarbon waxes,
                                            microcryst.
------------------------------------------------------------------------
64741-41-9                                 Naphtha (petroleum), heavy
                                            straight-run
------------------------------------------------------------------------
64741-42-0                                 Naphtha (petroleum), full-
                                            range straight-run
------------------------------------------------------------------------
64741-43-1                                 Gas oils (petroleum),
                                            straight-run
------------------------------------------------------------------------
64741-44-2                                 Distillates (petroleum),
                                            straight-run middle
------------------------------------------------------------------------
64741-45-3                                 Residues (petroleum), atm.
                                            tower
------------------------------------------------------------------------

[[Page 49688]]

 
64741-46-4                                 Naphtha (petroleum), light
                                            straight-run
------------------------------------------------------------------------
64741-47-5                                 Natural gas condensates
                                            (petroleum)
------------------------------------------------------------------------
64741-49-7                                 Condensates (petroleum),
                                            vacuum tower
------------------------------------------------------------------------
64741-50-0                                 Distillates (petroleum),
                                            light paraffinic
------------------------------------------------------------------------
64741-51-1                                 Distillates (petroleum),
                                            heavy paraffinic
------------------------------------------------------------------------
64741-52-2                                 Distillates (petroleum),
                                            light naphthenic
------------------------------------------------------------------------
64741-53-3                                 Distillates (petroleum),
                                            heavy naphthenic
------------------------------------------------------------------------
64741-54-4                                 Naphtha (petroleum), heavy
                                            catalytic cracked
------------------------------------------------------------------------
64741-55-5                                 Naphtha (petroleum), light
                                            catalytic cracked
------------------------------------------------------------------------
64741-56-6                                 Residues (petroleum), vacuum
------------------------------------------------------------------------
64741-57-7                                 Gas oils (petroleum), heavy
                                            vacuum
------------------------------------------------------------------------
64741-58-8                                 Gas oils (petroleum), light
                                            vacuum
------------------------------------------------------------------------
64741-59-9                                 Distillates (petroleum),
                                            light catalytic cracked
------------------------------------------------------------------------
64741-60-2                                 Distillates (petroleum),
                                            intermediate catalytic
                                            cracked
------------------------------------------------------------------------
64741-61-3                                 Distillates (petroleum),
                                            heavy catalytic cracked
------------------------------------------------------------------------
64741-62-4                                 Clarified oils (petroleum),
                                            catalytic cracked
------------------------------------------------------------------------
64741-63-5                                 Naphtha (petroleum), light
                                            catalytic reformed
------------------------------------------------------------------------
64741-64-6                                 Naphtha (petroleum), full-
                                            range alkylate
------------------------------------------------------------------------
64741-65-7                                 Naphtha (petroleum), heavy
                                            alkylate
------------------------------------------------------------------------
64741-66-8                                 Naphtha (petroleum), light
                                            alkylate
------------------------------------------------------------------------
64741-67-9                                 Residues (petroleum),
                                            catalytic reformer
                                            fractionator
------------------------------------------------------------------------
64741-68-0                                 Naphtha (petroleum), heavy
                                            catalytic reformed
------------------------------------------------------------------------
64741-69-1                                 Naphtha (petroleum), light
                                            hydrocracked
------------------------------------------------------------------------
64741-70-4                                 Naphtha (petroleum),
                                            isomerization
------------------------------------------------------------------------
64741-73-7                                 Distillates (petroleum),
                                            alkylate
------------------------------------------------------------------------
64741-74-8                                 Naphtha (petroleum), light
                                            thermal cracked
------------------------------------------------------------------------
64741-75-9                                 Residues (petroleum),
                                            hydrocracked
------------------------------------------------------------------------
64741-76-0                                 Distillates (petroleum),
                                            heavy hydrocracked
------------------------------------------------------------------------
64741-77-1                                 Distillates (petroleum),
                                            light hydrocracked
------------------------------------------------------------------------
64741-78-2                                 Naphtha (petroleum), heavy
                                            hydrocracked
------------------------------------------------------------------------
64741-79-3                                 Coke (petroleum)
------------------------------------------------------------------------
64741-80-6                                 Residues (petroleum), thermal
                                            cracked
------------------------------------------------------------------------
64741-81-7                                 Distillates (petroleum),
                                            heavy thermal cracked
------------------------------------------------------------------------
64741-82-8                                 Distillates (petroleum),
                                            light thermal cracked
------------------------------------------------------------------------
64741-83-9                                 Naphtha (petroleum), heavy
                                            thermal cracked
------------------------------------------------------------------------
64741-84-0                                 Naphtha (petroleum), solvent-
                                            refined light
------------------------------------------------------------------------
64741-85-1                                 Raffinates (petroleum),
                                            sorption process
------------------------------------------------------------------------
64741-86-2                                 Distillates (petroleum),
                                            sweetened middle
------------------------------------------------------------------------
64741-87-3                                 Naphtha (petroleum),
                                            sweetened
------------------------------------------------------------------------
64741-88-4                                 Distillates (petroleum),
                                            solvent-refined heavy
                                            paraffinic
------------------------------------------------------------------------
64741-89-5                                 Distillates (petroleum),
                                            solvent-refined light
                                            paraffinic
------------------------------------------------------------------------
64741-90-8                                 Gas oils (petroleum), solvent-
                                            refined
------------------------------------------------------------------------
64741-91-9                                 Distillates (petroleum),
                                            solvent-refined middle
------------------------------------------------------------------------
64741-92-0                                 Naphtha (petroleum), solvent-
                                            refined heavy
------------------------------------------------------------------------
64741-95-3                                 Residual oils (petroleum),
                                            solvent deasphalted
------------------------------------------------------------------------
64741-96-4                                 Distillates (petroleum),
                                            solvent-refined heavy
                                            naphthenic
------------------------------------------------------------------------
64741-97-5                                 Distillates (petroleum),
                                            solvent-refined light
                                            naphthenic
------------------------------------------------------------------------
64741-98-6                                 Extracts (petroleum), heavy
                                            naphtha solvent
------------------------------------------------------------------------
64741-99-7                                 Extracts (petroleum), light
                                            naphtha solvent
------------------------------------------------------------------------
64742-01-4                                 Residual oils (petroleum),
                                            solvent-refined
------------------------------------------------------------------------
64742-03-6                                 Extracts (petroleum), light
                                            naphthenic distillate
                                            solvent
------------------------------------------------------------------------
64742-04-7                                 Extracts (petroleum), heavy
                                            paraffinic distillate
                                            solvent
------------------------------------------------------------------------
64742-05-8                                 Extracts (petroleum), light
                                            paraffinic distillate
                                            solvent
------------------------------------------------------------------------
64742-06-9                                 Extracts (petroleum), middle
                                            distillate solvent
------------------------------------------------------------------------
64742-07-0                                 Raffinates (petroleum),
                                            residual oil decarbonization
------------------------------------------------------------------------
64742-08-1                                 Raffinates (petroleum), heavy
                                            naphthenic distillate
                                            decarbonization
------------------------------------------------------------------------
64742-09-2                                 Raffinates (petroleum), heavy
                                            paraffinic distillate
                                            decarbonization
------------------------------------------------------------------------

[[Page 49689]]

 
64742-10-5                                 Extracts (petroleum),
                                            residual oil solvent
------------------------------------------------------------------------
64742-11-6                                 Extracts (petroleum), heavy
                                            naphthenic distillate
                                            solvent
------------------------------------------------------------------------
64742-12-7                                 Gas oils (petroleum), acid-
                                            treated
------------------------------------------------------------------------
64742-13-8                                 Distillates (petroleum), acid-
                                            treated middle
------------------------------------------------------------------------
64742-14-9                                 Distillates (petroleum), acid-
                                            treated light
------------------------------------------------------------------------
64742-15-0                                 Naphtha (petroleum), acid-
                                            treated
------------------------------------------------------------------------
64742-16-1                                 Petroleum resins
------------------------------------------------------------------------
64742-18-3                                 Distillates (petroleum), acid-
                                            treated heavy naphthenic
------------------------------------------------------------------------
64742-19-4                                 Distillates (petroleum), acid-
                                            treated light naphthenic
------------------------------------------------------------------------
64742-20-7                                 Distillates (petroleum), acid-
                                            treated heavy paraffinic
------------------------------------------------------------------------
64742-21-8                                 Distillates (petroleum), acid-
                                            treated light paraffinic
------------------------------------------------------------------------
64742-22-9                                 Naphtha (petroleum),
                                            chemically neutralized heavy
------------------------------------------------------------------------
64742-23-0                                 Naphtha (petroleum),
                                            chemically neutralized light
------------------------------------------------------------------------
64742-24-1                                 Sludges (petroleum), acid
------------------------------------------------------------------------
64742-25-2                                 Lubricating oils (petroleum),
                                            acid-treated spent
------------------------------------------------------------------------
64742-26-3                                 Hydrocarbon waxes
                                            (petroleum), acid-treated
------------------------------------------------------------------------
64742-27-4                                 Distillates (petroleum),
                                            chemically neutralized heavy
                                            paraffinic
------------------------------------------------------------------------
64742-28-5                                 Distillates (petroleum),
                                            chemically neutralized light
                                            paraffinic
------------------------------------------------------------------------
64742-29-6                                 Gas oils (petroleum),
                                            chemically neutralized
------------------------------------------------------------------------
64742-30-9                                 Distillates (petroleum),
                                            chemically neutralized
                                            middle
------------------------------------------------------------------------
64742-31-0                                 Distillates (petroleum),
                                            chemically neutralized light
------------------------------------------------------------------------
64742-32-1                                 Lubricating oils (petroleum),
                                            chemically neutralized spent
------------------------------------------------------------------------
64742-33-2                                 Hydrocarbon waxes
                                            (petroleum), chemically
                                            neutralized
------------------------------------------------------------------------
64742-34-3                                 Distillates (petroleum),
                                            chemically neutralized heavy
                                            naphthenic
------------------------------------------------------------------------
64742-35-4                                 Distillates (petroleum),
                                            chemically neutralized light
                                            naphthenic
------------------------------------------------------------------------
64742-36-5                                 Distillates (petroleum), clay-
                                            treated heavy paraffinic
------------------------------------------------------------------------
64742-37-6                                 Distillates (petroleum), clay-
                                            treated light paraffinic
------------------------------------------------------------------------
64742-38-7                                 Distillates (petroleum), clay-
                                            treated middle
------------------------------------------------------------------------
64742-39-8                                 Neutralizing agents
                                            (petroleum), spent sodium
                                            carbonate
------------------------------------------------------------------------
64742-40-1                                 Neutralizing agents
                                            (petroleum), spent sodium
                                            hydroxide
------------------------------------------------------------------------
64742-41-2                                 Residual oils (petroleum),
                                            clay-treated
------------------------------------------------------------------------
64742-42-3                                 Hydrocarbon waxes
                                            (petroleum), clay-treated
                                            microcryst.
------------------------------------------------------------------------
64742-43-4                                 Paraffin waxes (petroleum),
                                            clay-treated
------------------------------------------------------------------------
64742-44-5                                 Distillates (petroleum), clay-
                                            treated heavy naphthenic
------------------------------------------------------------------------
64742-45-6                                 Distillates (petroleum), clay-
                                            treated light naphthenic
------------------------------------------------------------------------
64742-46-7                                 Distillates (petroleum),
                                            hydrotreated middle
------------------------------------------------------------------------
64742-47-8                                 Distillates (petroleum),
                                            hydrotreated light
------------------------------------------------------------------------
64742-48-9                                 Naphtha (petroleum),
                                            hydrotreated heavy
------------------------------------------------------------------------
64742-49-0                                 Naphtha (petroleum),
                                            hydrotreated light
------------------------------------------------------------------------
64742-50-3                                 Lubricating oils (petroleum),
                                            clay-treated spent
------------------------------------------------------------------------
64742-51-4                                 Paraffin waxes (petroleum),
                                            hydrotreated
------------------------------------------------------------------------
64742-52-5                                 Distillates (petroleum),
                                            hydrotreated heavy
                                            naphthenic
------------------------------------------------------------------------
64742-53-6                                 Distillates (petroleum),
                                            hydrotreated light
                                            naphthenic
------------------------------------------------------------------------
64742-54-7                                 Distillates (petroleum),
                                            hydrotreated heavy
                                            paraffinic
------------------------------------------------------------------------
64742-55-8                                 Distillates (petroleum),
                                            hydrotreated light
                                            paraffinic
------------------------------------------------------------------------
64742-56-9                                 Distillates (petroleum),
                                            solvent-dewaxed light
                                            paraffinic
------------------------------------------------------------------------
64742-57-0                                 Residual oils (petroleum),
                                            hydrotreated
------------------------------------------------------------------------
64742-58-1                                 Lubricating oils (petroleum),
                                            hydrotreated spent
------------------------------------------------------------------------
64742-59-2                                 Gas oils (petroleum),
                                            hydrotreated vacuum
------------------------------------------------------------------------
64742-60-5                                 Hydrocarbon waxes
                                            (petroleum), hydrotreated
                                            microcryst.
------------------------------------------------------------------------
64742-61-6                                 Slack wax (petroleum)
------------------------------------------------------------------------
64742-62-7                                 Residual oils (petroleum),
                                            solvent-dewaxed
------------------------------------------------------------------------
64742-63-8                                 Distillates (petroleum),
                                            solvent-dewaxed heavy
                                            naphthenic
------------------------------------------------------------------------
64742-64-9                                 Distillates (petroleum),
                                            solvent-dewaxed light
                                            naphthenic
------------------------------------------------------------------------
64742-65-0                                 Distillates (petroleum),
                                            solvent-dewaxed heavy
                                            paraffinic
------------------------------------------------------------------------
64742-67-2                                 Foots oil (petroleum)
------------------------------------------------------------------------

[[Page 49690]]

 
64742-68-3                                 Naphthenic oils (petroleum),
                                            catalytic dewaxed heavy
------------------------------------------------------------------------
64742-69-4                                 Naphthenic oils (petroleum),
                                            catalytic dewaxed light
------------------------------------------------------------------------
64742-70-7                                 Paraffin oils (petroleum),
                                            catalytic dewaxed heavy
------------------------------------------------------------------------
64742-71-8                                 Paraffin oils (petroleum),
                                            catalytic dewaxed light
------------------------------------------------------------------------
64742-72-9                                 Distillates (petroleum),
                                            catalytic dewaxed middle
------------------------------------------------------------------------
64742-73-0                                 Naphtha (petroleum),
                                            hydrodesulfurized light
------------------------------------------------------------------------
64742-75-2                                 Naphthenic oils (petroleum),
                                            complex dewaxed heavy
------------------------------------------------------------------------
64742-76-3                                 Naphthenic oils (petroleum),
                                            complex dewaxed light
------------------------------------------------------------------------
64742-78-5                                 Residues (petroleum),
                                            hydrodesulfurized
                                            atmospheric tower
------------------------------------------------------------------------
64742-79-6                                 Gas oils (petroleum),
                                            hydrodesulfurized
------------------------------------------------------------------------
64742-80-9                                 Distillates (petroleum),
                                            hydrodesulfurized middle
------------------------------------------------------------------------
64742-81-0                                 Kerosine (petroleum),
                                            hydrodesulfurized
------------------------------------------------------------------------
64742-82-1                                 Naphtha (petroleum),
                                            hydrodesulfurized heavy
------------------------------------------------------------------------
64742-83-2                                 Naphtha (petroleum), light
                                            steam-cracked
------------------------------------------------------------------------
64742-85-4                                 Residues (petroleum),
                                            hydrodesulfurized vacuum
------------------------------------------------------------------------
64742-86-5                                 Gas oils (petroleum),
                                            hydrodesulfurized heavy
                                            vacuum
------------------------------------------------------------------------
64742-87-6                                 Gas oils (petroleum),
                                            hydrodesulfurized light
                                            vacuum
------------------------------------------------------------------------
64742-88-7                                 Solvent naphtha (petroleum),
                                            medium aliph.
------------------------------------------------------------------------
64742-89-8                                 Solvent naphtha (petroleum),
                                            light aliph.
------------------------------------------------------------------------
64742-90-1                                 Residues (petroleum), steam-
                                            cracked
------------------------------------------------------------------------
64742-91-2                                 Distillates (petroleum),
                                            steam-cracked
------------------------------------------------------------------------
64742-92-3                                 Petroleum resins, oxidized
------------------------------------------------------------------------
64742-93-4                                 Asphalt, oxidized
------------------------------------------------------------------------
64742-94-5                                 Solvent naphtha (petroleum),
                                            heavy arom.
------------------------------------------------------------------------
64742-95-6                                 Solvent naphtha (petroleum),
                                            light arom.
------------------------------------------------------------------------
64742-96-7                                 Solvent naphtha (petroleum),
                                            heavy aliph.
------------------------------------------------------------------------
64742-97-8                                 Distillates (petroleum),
                                            oxidized heavy
------------------------------------------------------------------------
64742-98-9                                 Distillates (petroleum),
                                            oxidized light
------------------------------------------------------------------------
64742-99-0                                 Residual oils (petroleum),
                                            oxidized
------------------------------------------------------------------------
64743-00-6                                 Hydrocarbon waxes
                                            (petroleum), oxidized
------------------------------------------------------------------------
64743-01-7                                 Petrolatum (petroleum),
                                            oxidized
------------------------------------------------------------------------
64743-02-8                                 Alkenes, C>10 .alpha.-
------------------------------------------------------------------------
64743-03-9                                 Phenols (petroleum)
------------------------------------------------------------------------
64743-04-0                                 Coke (petroleum), recovery
------------------------------------------------------------------------
64743-05-1                                 Coke (petroleum), calcined
------------------------------------------------------------------------
64743-06-2                                 Extracts (petroleum), gas oil
                                            solvent
------------------------------------------------------------------------
64743-07-3                                 Sludges (petroleum),
                                            chemically neutralized
------------------------------------------------------------------------
64754-89-8                                 Naphthenic acids (petroleum),
                                            crude
------------------------------------------------------------------------
64771-71-7                                 Paraffins (petroleum), normal
                                            C>10
------------------------------------------------------------------------
64771-72-8                                 Paraffins (petroleum), normal
                                            C5-20
------------------------------------------------------------------------
67254-74-4                                 Naphthenic oils
------------------------------------------------------------------------
67674-12-8                                 Residual oils (petroleum),
                                            oxidized, compounds with
                                            triethanolamine
------------------------------------------------------------------------
67674-13-9                                 Petrolatum (petroleum),
                                            oxidized, partially
                                            deacidified
------------------------------------------------------------------------
67674-15-1                                 Petrolatum (petroleum),
                                            oxidized, Me ester
------------------------------------------------------------------------
67674-16-2                                 Hydrocarbon waxes
                                            (petroleum), oxidized,
                                            partially deacidified
------------------------------------------------------------------------
67674-17-3                                 Distillates (petroleum),
                                            oxidized light, compounds
                                            with triethanolamine
------------------------------------------------------------------------
67674-18-4                                 Distillates (petroleum),
                                            oxidized light, Bu esters
------------------------------------------------------------------------
67891-79-6                                 Distillates (petroleum),
                                            heavy arom.
------------------------------------------------------------------------
67891-80-9                                 Distillates (petroleum),
                                            light arom.
------------------------------------------------------------------------
67891-81-0                                 Distillates (petroleum),
                                            oxidized light, potassium
                                            salts
------------------------------------------------------------------------
67891-82-1                                 Hydrocarbon waxes
                                            (petroleum), oxidized,
                                            compounds with ethanolamine
------------------------------------------------------------------------
67891-83-2                                 Hydrocarbon waxes
                                            (petroleum), oxidized,
                                            compounds with
                                            isopropanolamine
------------------------------------------------------------------------
67891-85-4                                 Hydrocarbon waxes
                                            (petroleum), oxidized,
                                            compounds with
                                            triisopropanolamine
------------------------------------------------------------------------
67891-86-5                                 Hydrocarbon waxes
                                            (petroleum), oxidized,
                                            compds. with
                                            diisopropanolamine
------------------------------------------------------------------------
68131-05-5                                 Hydrocarbon oils, process
                                            blends
------------------------------------------------------------------------
68131-49-7                                 Aromatic hydrocarbons, C6-10,
                                            acid-treated, neutralized
------------------------------------------------------------------------
68131-75-9                                 Gases (petroleum), C3-4
------------------------------------------------------------------------
68153-22-0                                 Paraffin waxes and
                                            Hydrocarbon waxes, oxidized
------------------------------------------------------------------------
68187-57-5                                 Pitch, coal tar-petroleum
------------------------------------------------------------------------
68187-58-6                                 Pitch, petroleum, arom.
------------------------------------------------------------------------

[[Page 49691]]

 
68187-60-0                                 Hydrocarbons, C4, ethane-
                                            propane-cracked
------------------------------------------------------------------------
68307-98-2                                 Tail gas (petroleum),
                                            catalytic cracked distillate
                                            and catalytic cracked
                                            naphtha fractionation
                                            absorber
------------------------------------------------------------------------
68307-99-3                                 Tail gas (petroleum),
                                            catalytic polymn. naphtha
                                            fractionation stabilizer
------------------------------------------------------------------------
68308-00-9                                 Tail gas (petroleum),
                                            catalytic reformed naphtha
                                            fractionation stabilizer,
                                            hydrogen sulfide-free
------------------------------------------------------------------------
68308-01-0                                 Tail gas (petroleum), cracked
                                            distillate hydrotreater
                                            stripper
------------------------------------------------------------------------
68308-02-1                                 Tail gas (petroleum), distn.,
                                            hydrogen sulfide-free
------------------------------------------------------------------------
68308-03-2                                 Tail gas (petroleum), gas oil
                                            catalytic cracking absorber
------------------------------------------------------------------------
68308-04-3                                 Tail gas (petroleum), gas
                                            recovery plant
------------------------------------------------------------------------
68308-05-4                                 Tail gas (petroleum), gas
                                            recovery plant deethanizer
------------------------------------------------------------------------
68308-06-5                                 Tail gas (petroleum),
                                            hydrodesulfurized distillate
                                            and hydrodesulfurized
                                            naphtha fractionator, acid-
                                            free
------------------------------------------------------------------------
68308-07-6                                 Tail gas (petroleum),
                                            hydrodesulfurized vacuum gas
                                            oil stripper, hydrogen
                                            sulfide-free
------------------------------------------------------------------------
68308-08-7                                 Tail gas (petroleum),
                                            isomerized naphtha
                                            fractionation stabilizer
------------------------------------------------------------------------
68308-09-8                                 Tail gas (petroleum), light
                                            straight-run naphtha
                                            stabilizer, hydrogen sulfide-
                                            free
------------------------------------------------------------------------
68308-10-1                                 Tail gas (petroleum),
                                            straight-run distillate
                                            hydrodesulfurizer, hydrogen
                                            sulfide-free
------------------------------------------------------------------------
68308-11-2                                 Tail gas (petroleum), propane-
                                            propylene alkylation feed
                                            prep deethanizer
------------------------------------------------------------------------
68308-12-3                                 Tail gas (petroleum), vacuum
                                            gas oil hydrodesulfurizer,
                                            hydrogen sulfide-free
------------------------------------------------------------------------
68308-27-0                                 Fuel gases, refinery
------------------------------------------------------------------------
68333-22-2                                 Residues (petroleum),
                                            atmospheric
------------------------------------------------------------------------
68333-23-3                                 Naphtha (petroleum), heavy
                                            coker
------------------------------------------------------------------------
68333-24-4                                 Hydrocarbon waxes
                                            (petroleum), oxidized,
                                            compds. with triethanolamine
------------------------------------------------------------------------
68333-25-5                                 Distillates (petroleum),
                                            hydrodesulfurized light
                                            catalytic cracked
------------------------------------------------------------------------
68333-26-6                                 Clarified oils (petroleum),
                                            hydrodesulfurized catalytic
                                            cracked
------------------------------------------------------------------------
68333-27-7                                 Distillates (petroleum),
                                            hydrodesulfurized
                                            intermediate catalytic
                                            cracked
------------------------------------------------------------------------
68333-28-8                                 Distillates (petroleum),
                                            hydrodesulfurized heavy
                                            catalytic cracked
------------------------------------------------------------------------
68333-29-9                                 Residues (petroleum), light
                                            naphtha solvent extracts
------------------------------------------------------------------------
68333-30-2                                 Distillates (petroleum),
                                            oxidized heavy thermal
                                            cracked
------------------------------------------------------------------------
68333-81-3                                 Alkanes, C4-12
------------------------------------------------------------------------
68333-88-0                                 Aromatic hydrocarbons, C9-17
------------------------------------------------------------------------
68334-30-5                                 Fuels, diesel
------------------------------------------------------------------------
68409-99-4                                 Gases (petroleum), catalytic
                                            cracked overheads
------------------------------------------------------------------------
68410-00-4                                 Distillates (petroleum),
                                            crude oil
------------------------------------------------------------------------
68410-05-9                                 Distillates (petroleum),
                                            straight-run light
------------------------------------------------------------------------
68410-12-8                                 Distillates (petroleum),
                                            steam-cracked, C5-10
                                            fraction, high-temp.
                                            stripping products with
                                            light steam-cracked
                                            petroleum naphtha C5
                                            fraction polymers
------------------------------------------------------------------------
68410-71-9                                 Raffinates (petroleum),
                                            catalytic reformer ethylene
                                            glycol-water countercurrent
                                            exts.
------------------------------------------------------------------------
68410-96-8                                 Distillates (petroleum),
                                            hydrotreated middle,
                                            intermediate boiling
------------------------------------------------------------------------
68410-97-9                                 Distillates (petroleum),
                                            light distillate
                                            hydrotreating process, low-
                                            boiling
------------------------------------------------------------------------
68410-98-0                                 Distillates (petroleum),
                                            hydrotreated heavy naphtha,
                                            deisohexanizer overheads
------------------------------------------------------------------------
68411-00-7                                 Alkenes, C>8
------------------------------------------------------------------------
68425-29-6                                 Distillates (petroleum),
                                            naphtha-raffinate pyrolyzate-
                                            derived, gasoline-blending
------------------------------------------------------------------------
68425-33-2                                 Petrolatum (petroleum),
                                            oxidized, barium salt
------------------------------------------------------------------------
68425-34-3                                 Petrolatum (petroleum),
                                            oxidized, calcium salt
------------------------------------------------------------------------
68425-35-4                                 Raffinates (petroleum),
                                            reformer, Lurgi unit-sepd.
------------------------------------------------------------------------
68425-39-8                                 Alkenes, C>10 .alpha.-,
                                            oxidized
------------------------------------------------------------------------
68441-09-8                                 Hydrocarbon waxes
                                            (petroleum), clay-treated
                                            microcryst., contg.
                                            polyethylene, oxidized
------------------------------------------------------------------------
68459-78-9                                 Alkenes, C18-24 .alpha.-,
                                            dimers
------------------------------------------------------------------------
68475-57-0                                 Alkanes, C1-2
------------------------------------------------------------------------
68475-58-1                                 Alkanes, C2-3
------------------------------------------------------------------------
68475-59-2                                 Alkanes, C3-4
------------------------------------------------------------------------
68475-60-5                                 Alkanes, C4-5
------------------------------------------------------------------------
68475-61-6                                 Alkenes, C5, naphtha-
                                            raffinate pyrolyzate-derived
------------------------------------------------------------------------

[[Page 49692]]

 
68475-70-7                                 Aromatic hydrocarbons, C6-8,
                                            naphtha-raffinate pyrolyzate-
                                            derived
------------------------------------------------------------------------
68475-79-6                                 Distillates (petroleum),
                                            catalytic reformed
                                            depentanizer
------------------------------------------------------------------------
68475-80-9                                 Distillates (petroleum),
                                            light steam-cracked naphtha
------------------------------------------------------------------------
68476-26-6                                 Fuel gases
------------------------------------------------------------------------
68476-27-7                                 Fuel gases, amine system
                                            residues
------------------------------------------------------------------------
68476-28-8                                 Fuel gases, C6-8 catalytic
                                            reformer
------------------------------------------------------------------------
68476-29-9                                 Fuel gases, crude oil
                                            distillates
------------------------------------------------------------------------
68476-30-2                                 Fuel oil, no. 2
------------------------------------------------------------------------
68476-31-3                                 Fuel oil, no. 4
------------------------------------------------------------------------
68476-32-4                                 Fuel oil, residues-straight-
                                            run gas oils, high-sulfur
------------------------------------------------------------------------
68476-33-5                                 Fuel oil, residual
------------------------------------------------------------------------
68476-34-6                                 Fuels, diesel, no. 2
------------------------------------------------------------------------
68476-39-1                                 Hydrocarbons, aliph.-arom.-C4-
                                            5-olefinic
------------------------------------------------------------------------
68476-40-4                                 Hydrocarbons, C3-4
------------------------------------------------------------------------
68476-42-6                                 Hydrocarbons, C4-5
------------------------------------------------------------------------
68476-43-7                                 Hydrocarbons, C4-6, C5-rich
------------------------------------------------------------------------
68476-44-8                                 Hydrocarbons, C>3
------------------------------------------------------------------------
68476-45-9                                 Hydrocarbons, C5-10 arom.
                                            conc., ethylene-manuf.-by-
                                            product
------------------------------------------------------------------------
68476-46-0                                 Hydrocarbons, C3-11,
                                            catalytic cracker
                                            distillates
------------------------------------------------------------------------
68476-47-1                                 Hydrocarbons, C2-6, C6-8
                                            catalytic reformer
------------------------------------------------------------------------
68476-49-3                                 Hydrocarbons, C2-4, C3-rich
------------------------------------------------------------------------
68476-50-6                                 Hydrocarbons, C>=5, C5-6-rich
------------------------------------------------------------------------
68476-52-8                                 Hydrocarbons, C4, ethylene-
                                            manuf.-by-product
------------------------------------------------------------------------
68476-53-9                                 Hydrocarbons, C>=20,
                                            petroleum wastes
------------------------------------------------------------------------
68476-54-0                                 Hydrocarbons, C3-5, polymn.
                                            unit feed
------------------------------------------------------------------------
68476-55-1                                 Hydrocarbons, C5-rich
------------------------------------------------------------------------
68476-56-2                                 Hydrocarbons, cyclic C5 and
                                            C6
------------------------------------------------------------------------
68476-77-7                                 Lubricating oils, refined
                                            used
------------------------------------------------------------------------
68476-81-3                                 Paraffin waxes and
                                            Hydrocarbon waxes, oxidized,
                                            calcium salts
------------------------------------------------------------------------
68476-84-6                                 Petroleum products, gases,
                                            inorg.
------------------------------------------------------------------------
68476-85-7                                 Petroleum gases, liquefied
------------------------------------------------------------------------
68476-86-8                                 Petroleum gases, liquefied,
                                            sweetened
------------------------------------------------------------------------
68477-25-8                                 Waste gases, vent gas, C1-6
------------------------------------------------------------------------
68477-26-9                                 Wastes, petroleum
------------------------------------------------------------------------
68477-29-2                                 Distillates (petroleum),
                                            catalytic reformer
                                            fractionator residue, high-
                                            boiling
------------------------------------------------------------------------
68477-30-5                                 Distillates (petroleum),
                                            catalytic reformer
                                            fractionator residue,
                                            intermediate-boiling
------------------------------------------------------------------------
68477-31-6                                 Distillates (petroleum),
                                            catalytic reformer
                                            fractionator residue, low-
                                            boiling
------------------------------------------------------------------------
68477-33-8                                 Gases (petroleum), C3-4,
                                            isobutane-rich
------------------------------------------------------------------------
68477-34-9                                 Distillates (petroleum), C3-
                                            5, 2-methyl-2-butene-rich
------------------------------------------------------------------------
68477-35-0                                 Distillates (petroleum), C3-
                                            6, piperylene-rich
------------------------------------------------------------------------
68477-36-1                                 Distillates (petroleum),
                                            cracked steam-cracked, C5-18
                                            fraction
------------------------------------------------------------------------
68477-38-3                                 Distillates (petroleum),
                                            cracked steam-cracked
                                            petroleum distillates
------------------------------------------------------------------------
68477-39-4                                 Distillates (petroleum),
                                            cracked stripped steam-
                                            cracked petroleum
                                            distillates, C8-10 fraction
------------------------------------------------------------------------
68477-40-7                                 Distillates (petroleum),
                                            cracked stripped steam-
                                            cracked petroleum
                                            distillates, C10-12 fraction
------------------------------------------------------------------------
68477-41-8                                 Gases (petroleum),
                                            extractive, C3-5, butadiene-
                                            butene-rich
------------------------------------------------------------------------
68477-42-9                                 Gases (petroleum),
                                            extractive, C3-5, butene-
                                            isobutylene-rich
------------------------------------------------------------------------
68477-44-1                                 Distillates (petroleum),
                                            heavy naphthenic, mixed with
                                            steam-cracked petroleum
                                            distillates C5-12 fraction
------------------------------------------------------------------------
68477-47-4                                 Distillates (petroleum),
                                            mixed heavy olefin vacuum,
                                            heart-cut
------------------------------------------------------------------------
68477-48-5                                 Distillates (petroleum),
                                            mixed heavy olefin vacuum,
                                            low-boiling
------------------------------------------------------------------------
68477-53-2                                 Distillates (petroleum),
                                            steam-cracked, C5-12
                                            fraction
------------------------------------------------------------------------
68477-54-3                                 Distillates (petroleum),
                                            steam-cracked, C8-12
                                            fraction
------------------------------------------------------------------------
68477-55-4                                 Distillates (petroleum),
                                            steam-cracked, C5-10
                                            fraction, mixed with light
                                            steam-cracked petroleum
                                            naphtha C5 fraction
------------------------------------------------------------------------
68477-58-7                                 Distillates (petroleum),
                                            steam-cracked petroleum
                                            distillates, C5-18 fraction
------------------------------------------------------------------------
68477-59-8                                 Distillates (petroleum),
                                            steam-cracked petroleum
                                            distillates cyclopentadiene
                                            conc.
------------------------------------------------------------------------
68477-60-1                                 Extracts (petroleum), cold-
                                            acid
------------------------------------------------------------------------
68477-61-2                                 Extracts (petroleum), cold-
                                            acid, C4-6
------------------------------------------------------------------------
68477-62-3                                 Extracts (petroleum), cold-
                                            acid, C3-5, butene-rich
------------------------------------------------------------------------
68477-63-4                                 Extracts (petroleum),
                                            reformer recycle
------------------------------------------------------------------------

[[Page 49693]]

 
68477-64-5                                 Gases (petroleum), acetylene
                                            manuf. off
------------------------------------------------------------------------
68477-65-6                                 Gases (petroleum), amine
                                            system feed
------------------------------------------------------------------------
68477-66-7                                 Gases (petroleum), benzene
                                            unit hydrodesulfurizer off
------------------------------------------------------------------------
68477-67-8                                 Gases (petroleum), benzene
                                            unit recycle, hydrogen-rich
------------------------------------------------------------------------
68477-68-9                                 Gases (petroleum), blend oil,
                                            hydrogen-nitrogen-rich
------------------------------------------------------------------------
68477-69-0                                 Gases (petroleum), butane
                                            splitter overheads
------------------------------------------------------------------------
68477-70-3                                 Gases (petroleum), C2-3
------------------------------------------------------------------------
68477-71-4                                 Gases (petroleum), catalytic-
                                            cracked gas oil depropanizer
                                            bottoms, C4-rich acid-free
------------------------------------------------------------------------
68477-72-5                                 Gases (petroleum), catalytic-
                                            cracked naphtha debutanizer
                                            bottoms, C3-5-rich
------------------------------------------------------------------------
68477-73-6                                 Gases (petroleum), catalytic
                                            cracked naphtha depropanizer
                                            overhead, C3-rich acid-free
------------------------------------------------------------------------
68477-74-7                                 Gases (petroleum), catalytic
                                            cracker
------------------------------------------------------------------------
68477-75-8                                 Gases (petroleum), catalytic
                                            cracker, C1-5-rich
------------------------------------------------------------------------
68477-76-9                                 Gases (petroleum), catalytic
                                            polymd. naphtha stabilizer
                                            overhead, C2-4-rich
------------------------------------------------------------------------
68477-77-0                                 Gases (petroleum), catalytic
                                            reformed naphtha stripper
                                            overheads
------------------------------------------------------------------------
68477-79-2                                 Gases (petroleum), catalytic
                                            reformer, C1-4-rich
------------------------------------------------------------------------
68477-80-5                                 Gases (petroleum), C6-8
                                            catalytic reformer recycle
------------------------------------------------------------------------
68477-81-6                                 Gases (petroleum), C6-8
                                            catalytic reformer
------------------------------------------------------------------------
68477-82-7                                 Gases (petroleum), C6-8
                                            catalytic reformer recycle,
                                            hydrogen-rich
------------------------------------------------------------------------
68477-83-8                                 Gases (petroleum), C3-5
                                            olefinic-paraffinic
                                            alkylation feed
------------------------------------------------------------------------
68477-84-9                                 Gases (petroleum), C2-return
                                            stream
------------------------------------------------------------------------
68477-85-0                                 Gases (petroleum), C4-rich
------------------------------------------------------------------------
68477-86-1                                 Gases (petroleum),
                                            deethanizer overheads
------------------------------------------------------------------------
68477-87-2                                 Gases (petroleum),
                                            deisobutanizer tower
                                            overheads
------------------------------------------------------------------------
68477-88-3                                 Gases (petroleum),
                                            deethanizer overheads, C3-
                                            rich
------------------------------------------------------------------------
68477-89-4                                 Distillates (petroleum),
                                            depentanizer overheads
------------------------------------------------------------------------
68477-90-7                                 Gases (petroleum),
                                            depropanizer dry, propene-
                                            rich
------------------------------------------------------------------------
68477-91-8                                 Gases (petroleum),
                                            depropanizer overheads
------------------------------------------------------------------------
68477-92-9                                 Gases (petroleum), dry sour,
                                            gas-concn.-unit-off
------------------------------------------------------------------------
68477-93-0                                 Gases (petroleum), gas concn.
                                            reabsorber distn.
------------------------------------------------------------------------
68477-94-1                                 Gases (petroleum), gas
                                            recovery plant depropanizer
                                            overheads
------------------------------------------------------------------------
68477-95-2                                 Gases (petroleum), Girbatol
                                            unit feed
------------------------------------------------------------------------
68477-96-3                                 Gases (petroleum), hydrogen
                                            absorber off
------------------------------------------------------------------------
68477-97-4                                 Gases (petroleum), hydrogen-
                                            rich
------------------------------------------------------------------------
68477-98-5                                 Gases (petroleum),
                                            hydrotreater blend oil
                                            recycle, hydrogen-nitrogen
                                            rich
------------------------------------------------------------------------
68477-99-6                                 Gases (petroleum), isomerized
                                            naphtha fractionater, C4-
                                            rich, hydrogen sulfide- free
------------------------------------------------------------------------
68478-00-2                                 Gases (petroleum), recycle,
                                            hydrogen-rich
------------------------------------------------------------------------
68478-01-3                                 Gases (petroleum), reformer
                                            make-up, hydrogen-rich
------------------------------------------------------------------------
68478-02-4                                 Gases (petroleum), reforming
                                            hydrotreater
------------------------------------------------------------------------
68478-03-5                                 Gases (petroleum), reforming
                                            hydrotreater, hydrogen-
                                            methane-rich
------------------------------------------------------------------------
68478-04-6                                 Gases (petroleum), reforming
                                            hydrotreater make-up,
                                            hydrogen-rich
------------------------------------------------------------------------
68478-05-7                                 Gases (petroleum), thermal
                                            cracking distn.
------------------------------------------------------------------------
68478-08-0                                 Naphtha (petroleum), light
                                            steam-cracked, C5-fraction,
                                            oligomer conc.
------------------------------------------------------------------------
68478-10-4                                 Naphtha (petroleum), light
                                            steam-cracked, debenzenized,
                                            C8-16-cycloalkadiene conc.
------------------------------------------------------------------------
68478-12-6                                 Residues (petroleum), butane
                                            splitter bottoms
------------------------------------------------------------------------
68478-13-7                                 Residues (petroleum),
                                            catalytic reformer
                                            fractionator residue distn.
------------------------------------------------------------------------
68478-15-9                                 Residues (petroleum), C6-8
                                            catalytic reformer
------------------------------------------------------------------------
68478-16-0                                 Residual oils (petroleum),
                                            deisobutanizer tower
------------------------------------------------------------------------
68478-17-1                                 Residues (petroleum), heavy
                                            coker gas oil and vacuum gas
                                            oil
------------------------------------------------------------------------
68478-18-2                                 Residues (petroleum), heavy
                                            olefin vacuum
------------------------------------------------------------------------
68478-19-3                                 Residual oils (petroleum),
                                            propene purifn. splitter
------------------------------------------------------------------------
68478-20-6                                 Residues (petroleum), steam-
                                            cracked petroleum
                                            distillates cyclopentadiene
                                            conc., C4-cyclopentadiene-
                                            free
------------------------------------------------------------------------
68478-22-8                                 Tail gas (petroleum),
                                            catalytic cracked naphtha
                                            stabilization absorber
------------------------------------------------------------------------

[[Page 49694]]

 
68478-24-0                                 Tail gas (petroleum),
                                            catalytic cracker, catalytic
                                            reformer and
                                            hydrodesulfurizer combined
                                            fractionater
------------------------------------------------------------------------
68478-25-1                                 Tail gas (petroleum),
                                            catalytic cracker
                                            refractionation absorber
------------------------------------------------------------------------
68478-26-2                                 Tail gas (petroleum),
                                            catalytic reformed naphtha
                                            fractionation stabilizer
------------------------------------------------------------------------
68478-27-3                                 Tail gas (petroleum),
                                            catalytic reformed naphtha
                                            separator
------------------------------------------------------------------------
68478-28-4                                 Tail gas (petroleum),
                                            catalytic reformed naphtha
                                            stabilizer
------------------------------------------------------------------------
68478-29-5                                 Tail gas (petroleum), cracked
                                            distillate hydrotreater
                                            separator
------------------------------------------------------------------------
68478-30-8                                 Tail gas (petroleum),
                                            hydrodesulfurized straight-
                                            run naphtha separator
------------------------------------------------------------------------
68478-31-9                                 Tail gas (petroleum),
                                            isomerized naphtha
                                            fractionates, hydrogen
                                            sulfide-free
------------------------------------------------------------------------
68478-32-0                                 Tail gas (petroleum),
                                            saturate gas plant mixed
                                            stream, C4-rich
------------------------------------------------------------------------
68478-33-1                                 Tail gas (petroleum),
                                            saturate gas recovery plant,
                                            C1-2-rich
------------------------------------------------------------------------
68478-34-2                                 Tail gas (petroleum), vacuum
                                            residues thermal cracker
------------------------------------------------------------------------
68512-61-8                                 Residues (petroleum), heavy
                                            coker and light vacuum
------------------------------------------------------------------------
68512-62-9                                 Residues (petroleum), light
                                            vacuum
------------------------------------------------------------------------
68512-78-7                                 Solvent naphtha (petroleum),
                                            light arom., hydrotreated
------------------------------------------------------------------------
68512-91-4                                 Hydrocarbons, C3-4-rich,
                                            petroleum distillates
------------------------------------------------------------------------
68513-02-0                                 Naphtha (petroleum), full-
                                            range coker
------------------------------------------------------------------------
68513-03-1                                 Naphtha (petroleum), light
                                            catalytic reformed, arom.-
                                            free
------------------------------------------------------------------------
68513-11-1                                 Fuel gases, hydrotreater
                                            fractionation, scrubbed
------------------------------------------------------------------------
68513-12-2                                 Fuel gases, saturate gas unit
                                            fractionater-absorber
                                            overheads
------------------------------------------------------------------------
68513-13-3                                 Fuel gases, thermal cracked
                                            catalytic cracking residue
------------------------------------------------------------------------
68513-14-4                                 Gases (petroleum), catalytic
                                            reformed straight-run
                                            naphtha stabilizer overheads
------------------------------------------------------------------------
68513-15-5                                 Gases (petroleum), full-range
                                            straight-run naphtha
                                            dehexanizer off
------------------------------------------------------------------------
68513-16-6                                 Gases (petroleum),
                                            hydrocracking depropanizer
                                            off, hydrocarbon-rich
------------------------------------------------------------------------
68513-17-7                                 Gases (petroleum), light
                                            straight-run naphtha
                                            stabilizer off
------------------------------------------------------------------------
68513-18-8                                 Gases (petroleum), reformer
                                            effluent high-pressure flash
                                            drum off
------------------------------------------------------------------------
68513-19-9                                 Gases (petroleum), reformer
                                            effluent low-pressure flash
                                            drum off
------------------------------------------------------------------------
68513-62-2                                 Disulfides, C5-12-alkyl
------------------------------------------------------------------------
68513-63-3                                 Distillates (petroleum),
                                            catalytic reformed straight-
                                            run naphtha overheads
------------------------------------------------------------------------
68513-65-5                                 Butane, branched and linear
------------------------------------------------------------------------
68513-66-6                                 Residues (petroleum),
                                            alkylation splitter, C4-rich
------------------------------------------------------------------------
68513-67-7                                 Residues (petroleum),
                                            cyclooctadiene bottoms
------------------------------------------------------------------------
68513-68-8                                 Residues (petroleum),
                                            deethanizer tower
------------------------------------------------------------------------
68513-69-9                                 Residues (petroleum), steam-
                                            cracked light
------------------------------------------------------------------------
68513-74-6                                 Waste gases, ethylene oxide
                                            absorber-reactor
------------------------------------------------------------------------
68514-15-8                                 Gasoline, vapor-recovery
------------------------------------------------------------------------
68514-29-4                                 Hydrocarbons, amylene feed
                                            debutanizer overheads non-
                                            extractable raffinates
------------------------------------------------------------------------
68514-31-8                                 Hydrocarbons, C1-4
------------------------------------------------------------------------
68514-32-9                                 Hydrocarbons, C10 and C12,
                                            olefin-rich
------------------------------------------------------------------------
68514-33-0                                 Hydrocarbons, C12 and C14,
                                            olefin-rich
------------------------------------------------------------------------
68514-34-1                                 Hydrocarbons, C9-14, ethylene-
                                            manuf.-by-product
------------------------------------------------------------------------
68514-35-2                                 Hydrocarbons, C14-30, olefin-
                                            rich
------------------------------------------------------------------------
68514-36-3                                 Hydrocarbons, C1-4, sweetened
------------------------------------------------------------------------
68514-37-4                                 Hydrocarbons, C4-5-unsatd.
------------------------------------------------------------------------
68514-38-5                                 Hydrocarbons, C4-10-unsatd.
------------------------------------------------------------------------
68514-39-6                                 Naphtha (petroleum), light
                                            steam-cracked, isoprene-rich
------------------------------------------------------------------------
68514-79-4                                 Petroleum products,
                                            hydrofiner-powerformer
                                            reformates
------------------------------------------------------------------------
68515-25-3                                 Benzene, C1-9-alkyl derivs.
------------------------------------------------------------------------
68515-26-4                                 Benzene, di-C12-14-alkyl
                                            derivs.
------------------------------------------------------------------------
68515-27-5                                 Benzene, di-C10-14-alkyl
                                            derivs., fractionation
                                            overheads, heavy ends
------------------------------------------------------------------------
68515-28-6                                 Benzene, di-C10-14-alkyl
                                            derivs., fractionation
                                            overheads, light ends
------------------------------------------------------------------------
68515-29-7                                 Benzene, di-C10-14-alkyl
                                            derivs., fractionation
                                            overheads, middle cut
------------------------------------------------------------------------
68515-30-0                                 Benzene, mono-C20-48-alkyl
                                            derivs.
------------------------------------------------------------------------
68515-32-2                                 Benzene, mono-C12-14-alkyl
                                            derivs., fractionation
                                            bottoms
------------------------------------------------------------------------
68515-33-3                                 Benzene, mono-C10-12-alkyl
                                            derivs., fractionation
                                            bottoms, heavy ends
------------------------------------------------------------------------
68515-34-4                                 Benzene, mono-C12-14-alkyl
                                            derivs., fractionation
                                            bottoms, heavy ends
------------------------------------------------------------------------

[[Page 49695]]

 
68515-35-5                                 Benzene, mono-C10-12-alkyl
                                            derivs., fractionation
                                            bottoms, light ends
------------------------------------------------------------------------
68515-36-6                                 Benzene, mono-C12-14-alkyl
                                            derivs., fractionation
                                            bottoms, light ends
------------------------------------------------------------------------
68516-20-1                                 Naphtha (petroleum), steam-
                                            cracked middle arom.
------------------------------------------------------------------------
68526-52-3                                 Alkenes, C6
------------------------------------------------------------------------
68526-53-4                                 Alkenes, C6-8, C7-rich
------------------------------------------------------------------------
68526-54-5                                 Alkenes, C7-9, C8-rich
------------------------------------------------------------------------
68526-55-6                                 Alkenes, C8-10, C9-rich
------------------------------------------------------------------------
68526-56-7                                 Alkenes, C9-11, C10-rich
------------------------------------------------------------------------
68526-57-8                                 Alkenes, C10-12, C11-rich
------------------------------------------------------------------------
68526-58-9                                 Alkenes, C11-13, C12-rich
------------------------------------------------------------------------
68526-77-2                                 Aromatic hydrocarbons, ethane
                                            cracking scrubber effluent
                                            and flare drum
------------------------------------------------------------------------
68526-99-8                                 Alkenes, C6-9 .alpha.-
------------------------------------------------------------------------
68527-00-4                                 Alkenes, C8-9 .alpha.-
------------------------------------------------------------------------
68527-11-7                                 Alkenes, C5
------------------------------------------------------------------------
68527-13-9                                 Gases (petroleum), acid,
                                            ethanolamine scrubber
------------------------------------------------------------------------
68527-14-0                                 Gases (petroleum), methane-
                                            rich off
------------------------------------------------------------------------
68527-15-1                                 Gases (petroleum), oil
                                            refinery gas distn. off
------------------------------------------------------------------------
68527-16-2                                 Hydrocarbons, C1-3
------------------------------------------------------------------------
68527-18-4                                 Gas oils (petroleum), steam-
                                            cracked
------------------------------------------------------------------------
68527-19-5                                 Hydrocarbons, C1-4,
                                            debutanizer fraction
------------------------------------------------------------------------
68527-21-9                                 Naphtha (petroleum), clay-
                                            treated full-range straight-
                                            run
------------------------------------------------------------------------
68527-22-0                                 Naphtha (petroleum), clay-
                                            treated light straight-run
------------------------------------------------------------------------
68527-23-1                                 Naphtha (petroleum), light
                                            steam-cracked arom.
------------------------------------------------------------------------
68527-26-4                                 Naphtha (petroleum), light
                                            steam-cracked, debenzenized
------------------------------------------------------------------------
68527-27-5                                 Naphtha (petroleum), full-
                                            range alkylate, butane-
                                            contg.
------------------------------------------------------------------------
68553-00-4                                 Fuel oil, no. 6
------------------------------------------------------------------------
68553-14-0                                 Hydrocarbons, C8-11
------------------------------------------------------------------------
68602-79-9                                 Distillates (petroleum),
                                            benzene unit hydrotreater
                                            dipentanizer overheads
------------------------------------------------------------------------
68602-81-3                                 Distillates, hydrocarbon
                                            resin prodn. higher boiling
------------------------------------------------------------------------
68602-82-4                                 Gases (petroleum), benzene
                                            unit hydrotreater
                                            depentenizer overheads
------------------------------------------------------------------------
68602-83-5                                 Gases (petroleum), C1-5, wet
------------------------------------------------------------------------
68602-84-6                                 Gases (petroleum), secondary
                                            absorber off, fluidized
                                            catalytic cracker overheads
                                            fractionater
------------------------------------------------------------------------
68602-96-0                                 Distillates (petroleum),
                                            oxidized light, strong acid
                                            components, compds. with
                                            diethanolamine
------------------------------------------------------------------------
68602-97-1                                 Distillates (petroleum),
                                            oxidized light, strong acid
                                            components, sodium salts
------------------------------------------------------------------------
68602-98-2                                 Distillates (petroleum),
                                            oxidized light, strong acid
                                            components
------------------------------------------------------------------------
68602-99-3                                 Distillates (petroleum),
                                            oxidized light, strong acid-
                                            free
------------------------------------------------------------------------
68603-00-9                                 Distillates (petroleum),
                                            thermal cracked naphtha and
                                            gas oil
------------------------------------------------------------------------
68603-01-0                                 Distillates (petroleum),
                                            thermal cracked naphtha and
                                            gas oil, C5-dimer-contg.
------------------------------------------------------------------------
68603-02-1                                 Distillates (petroleum),
                                            thermal cracked naphtha and
                                            gas oil, dimerized
------------------------------------------------------------------------
68603-03-2                                 Distillates (petroleum),
                                            thermal cracked naphtha and
                                            gas oil, extractive
------------------------------------------------------------------------
68603-08-7                                 Naphtha (petroleum), arom.-
                                            contg.
------------------------------------------------------------------------
68603-09-8                                 Hydrocarbon waxes
                                            (petroleum), oxidized,
                                            calcium salts
------------------------------------------------------------------------
68603-10-1                                 Hydrocarbon waxes
                                            (petroleum), oxidized, Me
                                            esters, barium salts
------------------------------------------------------------------------
68603-11-2                                 Hydrocarbon waxes
                                            (petroleum), oxidized, Me
                                            esters, calcium salts
------------------------------------------------------------------------
68603-12-3                                 Hydrocarbon waxes
                                            (petroleum), oxidized, Me
                                            esters, sodium salts
------------------------------------------------------------------------
68603-13-4                                 Petrolatum (petroleum),
                                            oxidized, ester with
                                            sorbitol
------------------------------------------------------------------------
68603-14-5                                 Residual oils (petroleum),
                                            oxidized, calcium salts
------------------------------------------------------------------------
68603-31-6                                 Alkenes, C10, tert-amylene
                                            concentrator by-product
------------------------------------------------------------------------
68603-32-7                                 Alkenes, C15-20 .alpha.-,
                                            isomerized
------------------------------------------------------------------------
68606-09-7                                 Fuel gases, expander off
------------------------------------------------------------------------
68606-10-0                                 Gasoline, pyrolysis,
                                            debutanizer bottoms
------------------------------------------------------------------------
68606-11-1                                 Gasoline, straight-run,
                                            topping-plant
------------------------------------------------------------------------
68606-24-6                                 Hydrocarbons, C4, butene
                                            concentrator by-product
------------------------------------------------------------------------
68606-25-7                                 Hydrocarbons, C2-4
------------------------------------------------------------------------
68606-26-8                                 Hydrocarbons, C3
------------------------------------------------------------------------
68606-27-9                                 Gases (petroleum), alkylation
                                            feed
------------------------------------------------------------------------
68606-28-0                                 Hydrocarbons, C5 and C10-
                                            aliph. and C6-8-arom.
------------------------------------------------------------------------
68606-31-5                                 Hydrocarbons, C3-5, butadiene
                                            purifn. by-product
------------------------------------------------------------------------
68606-34-8                                 Gases (petroleum),
                                            depropanizer bottoms
                                            fractionation off
------------------------------------------------------------------------
68606-36-0                                 Hydrocarbons, C5-unsatd.
                                            rich, isoprene purifn. by-
                                            product
------------------------------------------------------------------------

[[Page 49696]]

 
68607-11-4                                 Petroleum products, refinery
                                            gases
------------------------------------------------------------------------
68607-30-7                                 Residues (petroleum), topping
                                            plant, low-sulfur
------------------------------------------------------------------------
68608-56-0                                 Waste gases, from carbon
                                            black manuf.
------------------------------------------------------------------------
68647-60-9                                 Hydrocarbons, C>4
------------------------------------------------------------------------
68647-61-0                                 Hydrocarbons, C4-5, tert-
                                            amylene concentrator by-
                                            product
------------------------------------------------------------------------
68647-62-1                                 Hydrocarbons, C4-5, butene
                                            concentrator by-product,
                                            sour
------------------------------------------------------------------------
68650-36-2                                 Aromatic hydrocarbons, C8, o
                                            xylene-lean
------------------------------------------------------------------------
68650-37-3                                 Paraffin waxes (petroleum),
                                            oxidized, sodium salts
------------------------------------------------------------------------
68782-97-8                                 Distillates (petroleum),
                                            hydrofined lubricating-oil
------------------------------------------------------------------------
68782-98-9                                 Extracts (petroleum),
                                            clarified oil solvent,
                                            condensed-ring-arom.-contg.
------------------------------------------------------------------------
68782-99-0                                 Extracts (petroleum), heavy
                                            clarified oil solvent,
                                            condensed-ring-arom.-contg.
------------------------------------------------------------------------
68783-00-6                                 Extracts (petroleum), heavy
                                            naphthenic distillate
                                            solvent, arom. conc.
------------------------------------------------------------------------
68783-01-7                                 Extracts (petroleum), heavy
                                            naphthenic distillate
                                            solvent, paraffinic conc.
------------------------------------------------------------------------
68783-02-8                                 Extracts (petroleum),
                                            intermediate clarified oil
                                            solvent, condensed-ring-
                                            arom.-contg.
------------------------------------------------------------------------
68783-04-0                                 Extracts (petroleum), solvent-
                                            refined heavy paraffinic
                                            distillate solvent
------------------------------------------------------------------------
68783-05-1                                 Gases (petroleum), ammonia-
                                            hydrogen sulfide, water-
                                            satd.
------------------------------------------------------------------------
68783-06-2                                 Gases (petroleum),
                                            hydrocracking low-pressure
                                            separator
------------------------------------------------------------------------
68783-07-3                                 Gases (petroleum), refinery
                                            blend
------------------------------------------------------------------------
68783-08-4                                 Gas oils (petroleum), heavy
                                            atmospheric
------------------------------------------------------------------------
68783-09-5                                 Naphtha (petroleum),
                                            catalytic cracked light
                                            distd.
------------------------------------------------------------------------
68783-12-0                                 Naphtha (petroleum),
                                            unsweetened
------------------------------------------------------------------------
68783-13-1                                 Residues (petroleum), coker
                                            scrubber, condensed-ring-
                                            arom.-contg.
------------------------------------------------------------------------
68783-15-3                                 Alkenes, C6-7 .alpha.-
------------------------------------------------------------------------
68783-61-9                                 Fuel gases, refinery,
                                            sweetened
------------------------------------------------------------------------
68783-62-0                                 Fuel gases, refinery,
                                            unsweetened
------------------------------------------------------------------------
68783-64-2                                 Gases (petroleum), catalytic
                                            cracking
------------------------------------------------------------------------
68783-65-3                                 Gases (petroleum), C2-4,
                                            sweetened
------------------------------------------------------------------------
68783-66-4                                 Naphtha (petroleum), light,
                                            sweetened
------------------------------------------------------------------------
68814-47-1                                 Waste gases, refinery vent
------------------------------------------------------------------------
68814-67-5                                 Gases (petroleum), refinery
------------------------------------------------------------------------
68814-87-9                                 Distillates (petroleum), full-
                                            range straight-run middle
------------------------------------------------------------------------
68814-89-1                                 Extracts (petroleum), heavy
                                            paraffinic distillates,
                                            solvent-deasphalted
------------------------------------------------------------------------
68814-90-4                                 Gases (petroleum), platformer
                                            products separator off
------------------------------------------------------------------------
68814-91-5                                 Alkenes, C5-9 .alpha.-
------------------------------------------------------------------------
68855-57-2                                 Alkenes, C6-12 .alpha.-
------------------------------------------------------------------------
68855-58-3                                 Alkenes, C10-16 .alpha.-
------------------------------------------------------------------------
68855-59-4                                 Alkenes, C14-18 .alpha.-
------------------------------------------------------------------------
68855-60-7                                 Alkenes, C14-20 .alpha.-
------------------------------------------------------------------------
68911-58-0                                 Gases (petroleum),
                                            hydrotreated sour kerosine
                                            depentanizer stabilizer off
------------------------------------------------------------------------
68911-59-1                                 Gases (petroleum),
                                            hydrotreated sour kerosine
                                            flash drum
------------------------------------------------------------------------
68915-96-8                                 Distillates (petroleum),
                                            heavy straight-run
------------------------------------------------------------------------
68915-97-9                                 Gas oils (petroleum),
                                            straight-run, high-boiling
------------------------------------------------------------------------
68918-69-4                                 Petrolatum (petroleum),
                                            oxidized, zinc salt
------------------------------------------------------------------------
68918-73-0                                 Residues (petroleum), clay-
                                            treating filter wash
------------------------------------------------------------------------
68918-93-4                                 Paraffin waxes and
                                            Hydrocarbon waxes, oxidized,
                                            alkali metal salts
------------------------------------------------------------------------
68918-98-9                                 Fuel gases, refinery,
                                            hydrogen sulfide-free
------------------------------------------------------------------------
68918-99-0                                 Gases (petroleum), crude oil
                                            fractionation off
------------------------------------------------------------------------
68919-00-6                                 Gases (petroleum),
                                            dehexanizer off
------------------------------------------------------------------------
68919-01-7                                 Gases (petroleum), distillate
                                            unifiner desulfurization
                                            stripper off
------------------------------------------------------------------------
68919-02-8                                 Gases (petroleum), fluidized
                                            catalytic cracker
                                            fractionation off
------------------------------------------------------------------------
68919-03-9                                 Gases (petroleum), fluidized
                                            catalytic cracker scrubbing
                                            secondary absorber off
------------------------------------------------------------------------
68919-04-0                                 Gases (petroleum), heavy
                                            distillate hydrotreater
                                            desulfurization stripper off
------------------------------------------------------------------------
68919-05-1                                 Gases (petroleum), light
                                            straight run gasoline
                                            fractionation stabilizer off
------------------------------------------------------------------------
68919-06-2                                 Gases (petroleum), naphtha
                                            unifiner desulfurization
                                            stripper off
------------------------------------------------------------------------
68919-07-3                                 Gases (petroleum), platformer
                                            stabilizer off, light ends
                                            fractionation
------------------------------------------------------------------------
68919-08-4                                 Gases (petroleum), preflash
                                            tower off, crude distn.
------------------------------------------------------------------------

[[Page 49697]]

 
68919-09-5                                 Gases (petroleum), straight-
                                            run naphtha catalytic
                                            reforming off
------------------------------------------------------------------------
68919-10-8                                 Gases (petroleum), straight-
                                            run stabilizer off
------------------------------------------------------------------------
68919-11-9                                 Gases (petroleum), tar
                                            stripper off
------------------------------------------------------------------------
68919-12-0                                 Gases (petroleum), unifiner
                                            stripper off
------------------------------------------------------------------------
68919-15-3                                 Hydrocarbons, C6-12, benzene-
                                            recovery
------------------------------------------------------------------------
68919-16-4                                 Hydrocarbons, catalytic
                                            alkylation, by-products, C3-
                                            6
------------------------------------------------------------------------
68919-17-5                                 Hydrocarbons, C12-20,
                                            catalytic alkylation by-
                                            products
------------------------------------------------------------------------
68919-19-7                                 Gases (petroleum), fluidized
                                            catalytic cracker splitter
                                            residues
------------------------------------------------------------------------
68919-20-0                                 Gases (petroleum), fluidized
                                            catalytic cracker splitter
                                            overheads
------------------------------------------------------------------------
68919-37-9                                 Naphtha (petroleum), full-
                                            range reformed
------------------------------------------------------------------------
68920-06-9                                 Hydrocarbons, C7-9
------------------------------------------------------------------------
68920-07-0                                 Hydrocarbons, C<10-linear
------------------------------------------------------------------------
68920-64-9                                 Disulfides, di-C1-2-alkyl
------------------------------------------------------------------------
68921-07-3                                 Distillates (petroleum),
                                            hydrotreated light catalytic
                                            cracked
------------------------------------------------------------------------
68921-08-4                                 Distillates (petroleum),
                                            light straight-run gasoline
                                            fractionation stabilizer
                                            overheads
------------------------------------------------------------------------
68921-09-5                                 Distillates (petroleum),
                                            naphtha unifiner stripper
------------------------------------------------------------------------
68921-67-5                                 Hydrocarbons, ethylene-manuf.-
                                            by-product distn. residues
------------------------------------------------------------------------
68952-76-1                                 Gases (petroleum), catalytic
                                            cracked naphtha debutanizer
------------------------------------------------------------------------
68952-77-2                                 Tail gas (petroleum),
                                            catalytic cracked distillate
                                            and naphtha stabilizer
------------------------------------------------------------------------
68952-78-3                                 Tail gas (petroleum),
                                            catalytic hydrodesulfurized
                                            distillate fractionation
                                            stabilizer, hydrogen sulfide-
                                            free
------------------------------------------------------------------------
68952-79-4                                 Tail gas (petroleum),
                                            catalytic hydrodesulfurized
                                            naphtha separator
------------------------------------------------------------------------
68952-80-7                                 Tail gas (petroleum),
                                            straight-run naphtha
                                            hydrodesulfurizer
------------------------------------------------------------------------
68952-81-8                                 Tail gas (petroleum), thermal-
                                            cracked distillate, gas oil
                                            and naphtha absorber
------------------------------------------------------------------------
68952-82-9                                 Tail gas (petroleum), thermal
                                            cracked hydrocarbon
                                            fractionation stabilizer,
                                            petroleum coking
------------------------------------------------------------------------
68953-80-0                                 Benzene, mixed with toluene,
                                            dealkylation product
------------------------------------------------------------------------
68955-27-1                                 Distillates (petroleum),
                                            petroleum residues vacuum
------------------------------------------------------------------------
68955-28-2                                 Gases (petroleum), light
                                            steam-cracked, butadiene
                                            conc.
------------------------------------------------------------------------
68955-31-7                                 Gases (petroleum), butadiene
                                            process, inorg.
------------------------------------------------------------------------
68955-32-8                                 Natural gas, substitute,
                                            steam-reformed desulfurized
                                            naphtha
------------------------------------------------------------------------
68955-33-9                                 Gases (petroleum), sponge
                                            absorber off, fluidized
                                            catalytic cracker and gas
                                            oil desulfurizer overhead
                                            fractionation
------------------------------------------------------------------------
68955-34-0                                 Gases (petroleum), straight-
                                            run naphtha catalytic
                                            reformer stabilizer overhead
------------------------------------------------------------------------
68955-35-1                                 Naphtha (petroleum),
                                            catalytic reformed
------------------------------------------------------------------------
68955-36-2                                 Residues (petroleum), steam-
                                            cracked, resinous
------------------------------------------------------------------------
68955-76-0                                 Aromatic hydrocarbons, C9-16,
                                            biphenyl deriv.-rich
------------------------------------------------------------------------
68955-96-4                                 Disulfides, dialkyl and di-
                                            Ph, naphtha sweetening
------------------------------------------------------------------------
68956-47-8                                 Fuel oil, isoprene reject
                                            absorption
------------------------------------------------------------------------
68956-48-9                                 Fuel oil, residual,
                                            wastewater skimmings
------------------------------------------------------------------------
68956-52-5                                 Hydrocarbons, C4-8
------------------------------------------------------------------------
68956-54-7                                 Hydrocarbons, C4-unsatd.
------------------------------------------------------------------------
68956-55-8                                 Hydrocarbons, C5-unsatd.
------------------------------------------------------------------------
68956-70-7                                 Petroleum products, C5-12,
                                            reclaimed, wastewater
                                            treatment
------------------------------------------------------------------------
68988-79-4                                 Benzene, C10-12-alkyl
                                            derivs., distn. residues
------------------------------------------------------------------------
68988-99-8                                 Phenols, sodium salts, mixed
                                            with sulfur compounds,
                                            gasoline alk. scrubber
                                            residues
------------------------------------------------------------------------
68989-88-8                                 Gases (petroleum), crude
                                            distn. and catalytic
                                            cracking
------------------------------------------------------------------------
68990-35-2                                 Distillates (petroleum),
                                            arom., hydrotreated,
                                            dicyclopentadiene-rich
------------------------------------------------------------------------
68991-49-1                                 Alkanes, C10-13, arom.-free
                                            desulfurized
------------------------------------------------------------------------
68991-50-4                                 Alkanes, C14-17, arom.-free
                                            desulfurized
------------------------------------------------------------------------
68991-51-5                                 Alkanes, C10-13, desulfurized
------------------------------------------------------------------------
68991-52-6                                 Alkenes, C10-16
------------------------------------------------------------------------
69013-21-4                                 Fuel oil, pyrolysis
------------------------------------------------------------------------
69029-75-0                                 Oils, reclaimed
------------------------------------------------------------------------
69430-33-7                                 Hydrocarbons, C6-30
------------------------------------------------------------------------
70024-88-3                                 Ethene, thermal cracking
                                            products
------------------------------------------------------------------------
70528-71-1                                 Distillates (petroleum),
                                            heavy distillate solvent
                                            ext. heart-cut
------------------------------------------------------------------------
70528-72-2                                 Distillates (petroleum),
                                            heavy distillate solvent
                                            ext. vacuum overheads
------------------------------------------------------------------------
70528-73-3                                 Residues (petroleum), heavy
                                            distillate solvent ext.
                                            vacuum
------------------------------------------------------------------------

[[Page 49698]]

 
70592-76-6                                 Distillates (petroleum),
                                            intermediate vacuum
------------------------------------------------------------------------
70592-77-7                                 Distillates (petroleum),
                                            light vacuum
------------------------------------------------------------------------
70592-78-8                                 Distillates (petroleum),
                                            vacuum
------------------------------------------------------------------------
70592-79-9                                 Residues (petroleum), atm.
                                            tower, light
------------------------------------------------------------------------
70693-00-4                                 Hydrocarbon waxes
                                            (petroleum), oxidized,
                                            sodium salts
------------------------------------------------------------------------
70693-06-0                                 Aromatic hydrocarbons, C9-11
------------------------------------------------------------------------
70913-85-8                                 Residues (petroleum), solvent-
                                            extd. vacuum distilled atm.
                                            residuum
------------------------------------------------------------------------
70913-86-9                                 Alkanes, C18-70
------------------------------------------------------------------------
70955-08-7                                 Alkanes, C4-6
------------------------------------------------------------------------
70955-09-8                                 Alkenes, C13-14 .alpha.-
------------------------------------------------------------------------
70955-10-1                                 Alkenes, C15-18 .alpha.-
------------------------------------------------------------------------
70955-17-8                                 Aromatic hydrocarbons, C12-20
------------------------------------------------------------------------
71243-66-8                                 Hydrocarbon waxes
                                            (petroleum), clay-treated,
                                            microcryst., oxidized,
                                            potassium salts
------------------------------------------------------------------------
71302-82-4                                 Hydrocarbons, C5-8, Houdry
                                            butadiene manuf. by-product
------------------------------------------------------------------------
71329-37-8                                 Residues (petroleum),
                                            catalytic cracking
                                            depropanizer, C4-rich
------------------------------------------------------------------------
71808-30-5                                 Tail gas (petroleum), thermal
                                            cracking absorber
------------------------------------------------------------------------
72230-71-8                                 Distillates (petroleum),
                                            cracked steam-cracked, C5-17
                                            fraction
------------------------------------------------------------------------
72623-83-7                                 Lubricating oils (petroleum),
                                            C>25, hydrotreated bright
                                            stock-based
------------------------------------------------------------------------
72623-84-8                                 Lubricating oils (petroleum),
                                            C15-30, hydrotreated neutral
                                            oil-based, contg. solvent
                                            deasphalted residual oil
------------------------------------------------------------------------
72623-85-9                                 Lubricating oils (petroleum),
                                            C20-50, hydrotreated neutral
                                            oil-based, high-viscosity
------------------------------------------------------------------------
72623-86-0                                 Lubricating oils (petroleum),
                                            C15-30, hydrotreated neutral
                                            oil-based
------------------------------------------------------------------------
72623-87-1                                 Lubricating oils (petroleum),
                                            C20-50, hydrotreated neutral
                                            oil-based
------------------------------------------------------------------------
73138-65-5                                 Hydrocarbon waxes
                                            (petroleum), oxidized,
                                            magnesium salts
------------------------------------------------------------------------
92045-43-7                                 Lubricating oils (petroleum),
                                            hydrocracked non-arom.
                                            solvent deparaffined
------------------------------------------------------------------------
92045-58-4                                 Naphtha (petroleum),
                                            isomerization, C6-fraction
------------------------------------------------------------------------
92062-09-4                                 Slack wax (petroleum),
                                            hydrotreated
------------------------------------------------------------------------
93762-80-2                                 Alkenes, C15-18
------------------------------------------------------------------------
98859-55-3                                 Distillates (petroleum),
                                            oxidized heavy, compds. with
                                            diethanolamine
------------------------------------------------------------------------
98859-56-4                                 Distillates (petroleum),
                                            oxidized heavy, sodium salts
------------------------------------------------------------------------
101316-73-8                                Lubricating oils (petroleum),
                                            used, non-catalytically
                                            refined
------------------------------------------------------------------------
164907-78-2                                Extracts (petroleum),
                                            asphaltene-low vacuum
                                            residue solvent
------------------------------------------------------------------------
164907-79-3                                Residues (petroleum), vacuum,
                                            asphaltene-low
------------------------------------------------------------------------
178603-63-9                                Gas oils (petroleum), vacuum,
                                            hydrocracked,
                                            hydroisomerized,
                                            hydrogenated, C10-25
------------------------------------------------------------------------
178603-64-0                                Gas oils (petroleum), vacuum,
                                            hydrocracked,
                                            hydroisomerized,
                                            hydrogenated, C15-30,
                                            branched and cyclic
------------------------------------------------------------------------
178603-65-1                                Gas oils (petroleum), vacuum,
                                            hydrocracked,
                                            hydroisomerized,
                                            hydrogenated, C20-40,
                                            branched and cyclic
------------------------------------------------------------------------
178603-66-2                                Gas oils (petroleum), vacuum,
                                            hydrocracked,
                                            hydroisomerized,
                                            hydrogenated, C25-55,
                                            branched and cyclic
------------------------------------------------------------------------
212210-93-0                                Solvent naphtha (petroleum),
                                            heavy arom., distn. residues
------------------------------------------------------------------------
221120-39-4                                Distillates (petroleum),
                                            cracked steam-cracked, C5-12
                                            fraction
------------------------------------------------------------------------
445411-73-4                                Gas oils (petroleum), vacuum,
                                            hydrocracked,
                                            hydroisomerized,
                                            hydrogenated, C10-25,
                                            branched and cyclic
------------------------------------------------------------------------


    (2) Specific exempted chemical substances--(i) Exemption. EPA has 
determined that, at this time, the information in Sec.  711.15(b)(4) 
associated with the chemical substances listed in paragraph (b)(2)(iv) 
of this section is of low current interest.
    (ii) Considerations. In making its determination of whether this 
partial exemption should apply to a particular chemical substance, EPA 
will consider the totality of information available for the chemical 
substance in question, including but not limited to, one or more of the 
following considerations:
    (A) Whether the chemical substance qualifies or has qualified in 
past IUR collections for the reporting of the information described in 
Sec.  711.15(b)(4) (i.e., at least one site manufactures 300,000 pounds 
(lb.) or more of the chemical substance).
    (B) The chemical substance's chemical and physical properties or 
potential for persistence, bioaccumulation, health effects, or 
environmental effects (considered independently or together).
    (C) The information needs of EPA, other Federal agencies, tribes, 
States, and local governments, as well as members of the public.
    (D) The availability of other complementary risk screening 
information.

[[Page 49699]]

    (E) The availability of comparable processing and use information.
    (F) Whether the potential risks of the chemical substance are 
adequately managed.
    (iii) Amendments. EPA may amend the chemical substance list in 
paragraph (b)(2)(iv) of this section on its own initiative or in 
response to a request from the public based on EPA's determination of 
whether the information in Sec.  711.15(b)(4) is of low interest.
    (A) Any person may request that EPA amend the chemical substance 
list in Table 2 in paragraph (b)(2)(iv) of this section. Your request 
must be in writing and must be submitted to the following address: OPPT 
IUR Submission Coordinator (Mail Code 7407M), Attention: Inventory 
Update Reporting, Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001. Requests must identify the chemical 
substance in question, as well as its CASRN or other chemical 
identification number as identified in Sec.  711.15(b)(3)(i), and must 
contain a written rationale for the request that provides sufficient 
specific information, addressing the considerations listed in Sec.  
711.6(b)(2)(ii), including cites and relevant documents, to demonstrate 
to EPA that the collection of the information in Sec.  711.15(b)(4) for 
the chemical substance in question either is or is not of low current 
interest. If a request related to a particular chemical substance is 
resubmitted, any subsequent request must clearly identify new 
information contained in the request. EPA may request other information 
that it believes necessary to evaluate the request. EPA will issue a 
written response to each request within 120 days of receipt of the 
request, and will maintain copies of these responses in a docket that 
will be established for each reporting cycle.
    (B) As needed, the Agency will initiate rulemaking to make 
revisions to Table 2 in paragraph (b)(2)(iv) of this section.
    (C) To assist EPA in reaching a decision regarding a particular 
request prior to a given principal reporting year, requests must be 
submitted to EPA no later than 12 months prior to the start of the next 
principal reporting year.
    (iv) List of chemical substances. EPA has designated the chemical 
substances listed in Table 2 of this paragraph by CASRN, as partially 
exempt from reporting under the IUR.


         Table 2.--CASRN of Partially Exempt Chemical Substances
------------------------------------------------------------------------
                  CASRN                               Chemical
------------------------------------------------------------------------
50-70-4                                    D-Glucitol
------------------------------------------------------------------------
50-81-7                                    L-Ascorbic acid
------------------------------------------------------------------------
50-99-7                                    D-Glucose
------------------------------------------------------------------------
56-81-5                                    1,2,3-Propanetriol
------------------------------------------------------------------------
56-87-1                                    L-Lysine
------------------------------------------------------------------------
57-50-1                                    .alpha.-D-Glucopyranoside,
                                            .beta.-D-fructofuranosyl
------------------------------------------------------------------------
58-95-7                                    2H-1-Benzopyran-6-ol, 3,4-
                                            dihydro-2,5,7,8-tetramethyl-
                                            2-[(4R,8R)-4,8,12-
                                            trimethyltridecyl]-,
                                            acetate, (2R)-
------------------------------------------------------------------------
59-02-9                                    2H-1-Benzopyran-6-ol, 3,4-
                                            dihydro-2,5,7,8-tetramethyl-
                                            2-[(4R,8R)-4,8,12-
                                            trimethyltridecyl]-, (2R)-
------------------------------------------------------------------------
59-51-8                                    Methionine
------------------------------------------------------------------------
69-65-8                                    D-Mannitol
------------------------------------------------------------------------
87-79-6                                    L-Sorbose
------------------------------------------------------------------------
87-99-0                                    Xylitol
------------------------------------------------------------------------
96-10-6                                    Aluminum, chlorodiethyl-
------------------------------------------------------------------------
97-93-8                                    Aluminum, triethyl-
------------------------------------------------------------------------
100-99-2                                   Aluminum, tris(2-
                                            methylpropyl)-
------------------------------------------------------------------------
123-94-4                                   Octadecanoic acid, 2,3-
                                            dihydroxypropyl ester
------------------------------------------------------------------------
124-38-9                                   Carbon dioxide
------------------------------------------------------------------------
137-08-6                                   .beta.-Alanine, N-[(2R)-2,4-
                                            dihydroxy-3,3-dimethyl-1-
                                            oxobutyl]-, calcium alt
                                            (2:1)
------------------------------------------------------------------------
142-47-2                                   L-Glutamic acid, monosodium
                                            salt
------------------------------------------------------------------------
150-30-1                                   Phenylalanine
------------------------------------------------------------------------
563-43-9                                   Aluminum, dichloroethyl-
------------------------------------------------------------------------
1070-00-4                                  Aluminum, trioctyl-
------------------------------------------------------------------------
1116-70-7                                  Aluminum, tributyl-
------------------------------------------------------------------------
1116-73-0                                  Aluminum, trihexyl-
------------------------------------------------------------------------
1191-15-7                                  Aluminum, hydrobis(2-
                                            methylpropyl)-
------------------------------------------------------------------------
1317-65-3                                  Limestone
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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
------------------------------------------------------------------------

[[Page 49700]]

 
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.
------------------------------------------------------------------------

Sec.  711.8  Persons who must report.

    Except as provided in Sec.  711.9 and Sec.  711.10, the following 
persons are subject to the requirements of this part. 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--(1) For the 2011 
submission period, any person who manufactured (including imported) for 
commercial purposes 25,000 lb. (11,340 kilogram (kg)) or more of a 
chemical substance described in Sec.  711.5 at any single site owned or 
controlled by that person at any time during the principal reporting 
year (i.e., calendar year 2010) is subject to reporting.
     (2) For the submission periods subsequent to the 2011 submission 
period, any person who manufactured (including imported) for commercial 
purposes 25,000 lb. (11,340 kg) or more of a chemical substance 
described in Sec.  711.5 at any single site owned or controlled by that 
person at any time during any calendar year since the last principal 
reporting year (e.g., for the 2015 submission period, consider calendar 
years 2011, 2012, 2013, and 2014, given that 2010 was the last 
principal reporting year).
    (b) Exceptions. Any person who manufactured (including imported) 
for commercial purposes any chemical substance that is the subject of a 
rule promulgated under TSCA section 5(a)(2), 5(b)(4), or 6, or is the 
subject of an order in effect under TSCA section 5(e), or is the 
subject of relief that has been granted under a civil action under TSCA 
section 5 or 7 is subject to reporting for that chemical substance, 
regardless of the production volume.


Sec.  711.9  Persons not subject to this part.

    A person described in Sec.  711.8 is not subject to the 
requirements of this part if that person qualifies as a small 
manufacturer as that term is defined in 40 CFR 704.3. Notwithstanding 
this exclusion, a person who qualifies as a small manufacturer is 
subject to this part 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 is the subject of an order in effect under TSCA 
section 5(e), or is the subject of relief that has been granted under a 
civil action under TSCA section 5 or 7.


Sec.  711.10  Activities for which reporting is not required.

    A person described in Sec.  711.8 is not subject to the 
requirements of this part with respect to any chemical substance 
described in Sec.  711.5 that the person solely manufactured or 
imported under the following circumstances:
    (a) The person manufactured or imported the chemical substance 
described in Sec.  711.5 solely in small quantities for research and 
development.
    (b) The person imported the chemical substance described in Sec.  
711.5 as part of an article.
    (c) The person manufactured the chemical substance described in 
Sec.  711.5 in a manner described in 40 CFR 720.30(g) or (h).


Sec.  711.15  Reporting information to EPA.

    For the 2011 submission period, any person who must report under 
this part, as described in Sec.  711.8, must submit the information 
described in this section for each chemical substance described in 
Sec.  711.5 that the person manufactured (including imported) for 
commercial purposes in an amount of 25,000 lb. (11,340 kg) or more (or 
lower volume for chemical substances subject to the rules, orders, or 
actions described in Sec.  711.8(b)) during the principal reporting 
year (i.e., calendar year 2010). For the submission periods subsequent 
to the 2011 submission period, any person who must report under this 
part, as described in Sec.  711.8(b), must submit the information 
described in this section for each chemical substance described in 
Sec.  711.5 that the person manufactured (including imported) for 
commercial purposes in an amount of 25,000 lb. (11,340 kg) or more (or 
lower volume for chemical substances subject to the rules, orders, or 
actions described in Sec.  711.8(b)) at any one site during any 
calendar year since the last principal

[[Page 49701]]

reporting year (e.g., for the 2015 submission period, consider calendar 
years 2011, 2012, 2013, and 2014, since 2010 was the last principal 
reporting year). The principal reporting year for each submission 
period is the previous calendar year (e.g., the principal reporting 
year for the 2015 submission period is calendar year 2014). For all 
submission periods, a separate report must be submitted for each 
chemical substance at each site for which the submitter is required to 
report. A submitter of information under this part must report 
information as described in this section to the extent that such 
information is known to or reasonably ascertainable by that person.
    (a) Reporting information to EPA. Any person who reports 
information to EPA must do so using the e-IURweb reporting software 
provided by EPA at the address set forth in Sec.  711.35. The 
submission must include all information described in paragraph (b) of 
this section. Persons must submit a separate Form U for each site for 
which the person is required to report. The e-IURweb reporting software 
is described in the instructions available from EPA at the website set 
forth in Sec.  711.35.
    (b) Information to be reported. Manufacturers (including importers) 
of a reportable chemical substance in an amount of 25,000 lb. (11,340 
kg) or more at a site during any calendar year since the last principal 
reporting year must report the information described in this section. 
As described in Sec.  711.6(b)(1) and (b)(2), manufacturers of certain 
chemical substances are not required to report the information 
described in paragraph (b)(4) of this section.
    (1) A certification statement signed and dated by an authorized 
official of the submitter company. Persons reporting must submit this 
information using e-IURweb as described in Sec.  711.35. The authorized 
official must certify that the submitted information has been completed 
in compliance with the requirements of this part and that the 
confidentiality claims made on the Form U are true and correct. The 
certification must be signed and dated by the authorized official for 
the submitter company, and provide that person's name, official title, 
and e-mail address.
    (2) Company and plant site information. The following currently 
correct company and plant site information must be reported for each 
site at which at least 25,000 lb. (11,340 kg) of a reportable chemical 
substance is manufactured (including imported) during any calendar year 
since the last principal reporting year (see Sec.  711.3 for the 
``site'' for importers):
    (i) The parent company name, address, and Dun and Bradstreet 
Number. A submitter under this part must obtain a Dun and Bradstreet 
Number for the parent company if none exists.
    (ii) 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 contact person's 
full mailing address, telephone number, and e-mail address.
    (iii) The name and full street address of each site. A submitter 
under this part 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. A 
submitter under this part must obtain a Dun and Bradstreet Number for 
the site reported if none exists.
    (3) Specific information for chemical substances manufactured in 
amounts of 25,000 lb. or more. The following chemical-specific 
information must be reported for each reportable chemical substance 
manufactured (including imported) at each site in amounts of 25,000 lb. 
(11,340 kg) or more during any calendar year since the last principal 
reporting year:
    (i) The specific, currently correct CA Index name as used to list 
the chemical substance on the TSCA Inventory and the correct 
corresponding CASRN for each reportable chemical substance at each 
site. A submitter under this part may use an EPA-designated TSCA 
Accession Number for a confidential chemical substance in lieu of a 
CASRN when a CASRN 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 codes in Table 3 of this paragraph.


     Table 3.--Codes to Specify Type of Chemical Identifying Number
------------------------------------------------------------------------
                   Code                              Number Type
------------------------------------------------------------------------
A                                           Accession Number
------------------------------------------------------------------------
C                                           Chemical Abstracts Registry
                                             Number (CASRN)
------------------------------------------------------------------------


    (A) If an importer submitting a report cannot provide all the 
information specified in Sec.  711.15(b) of this section because it is 
claimed as confidential by the supplier of the chemical substance, the 
importer must have the supplier provide the correct chemical identity 
information directly to EPA in a joint submission, electronically using 
e-IURweb and CDX (see Sec.  711.35), and which clearly references the 
importer's submission.
    (B) If a manufacturer submitting a report cannot provide all the 
information specified in Sec.  711.15(b) of this section because the 
reportable chemical substance is manufactured using a reactant having a 
specific chemical identity claimed as confidential by its supplier, the 
manufacturer must submit a report directly to EPA containing all the 
information known to or reasonably ascertainable by the manufacturer 
about the chemical identity of the reported chemical substance. In 
addition, the manufacturer must ensure that the supplier of the 
confidential reactant provide the correct chemical identity of the 
confidential reactant directly to EPA in a joint submission, 
electronically using e-IURweb and CDX (see Sec.  711.35), and which 
clearly references the manufacture's submission.
    (ii) For the principal reporting year only, a statement indicating, 
for each reportable chemical substance at each site, whether the 
chemical 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) For the principal reporting year, the total annual volume (in 
pounds) of each reportable chemical substance domestically manufactured 
and imported at each site. The total annual domestically manufactured 
volume (not including imported volume) and the total annual imported 
volume must be separately reported. This amount must be reported to two 
significant figures of accuracy. For each complete calendar year since 
the last principal reporting year, the total annual volume 
(domestically manufactured and imported volumes in pounds) of each 
reportable chemical substance at each site.
    (iv) For the principal reporting year only, the volume used on site 
and the volume exported of each reportable chemical substance 
domestically manufactured and imported at each site. This amount must 
be reported to two significant figures of accuracy.
    (v) For the principal reporting year only, a designation 
indicating, for each imported reportable chemical substance at each 
site, whether the imported chemical substance is physically present at 
the reporting site.
    (vi) For the principal reporting year only, a designation 
indicating, for each reportable chemical substance at each site, 
whether the chemical substance is being recycled, remanufactured,

[[Page 49702]]

reprocessed, reused, reworked, or otherwise used for a commercial 
purpose instead of being disposed of as a waste or included in a waste 
stream.
    (vii) For the principal reporting year only, the total number of 
workers reasonably likely to be exposed to each reportable chemical 
substance at each site. For each reportable chemical substance at each 
site, the submitter must select from among the ranges of workers listed 
in Table 4 of this paragraph and report the corresponding code (i.e., 
W1 through W8):


 Table 4.--Codes for Reporting Number of Workers Reasonably Likely To Be
                                 Exposed
------------------------------------------------------------------------
                   Code                                 Range
------------------------------------------------------------------------
W1                                          Fewer than 10 workers
------------------------------------------------------------------------
W2                                          At least 10 but fewer than
                                             25 workers
------------------------------------------------------------------------
W3                                          At least 25 but fewer than
                                             50 workers
------------------------------------------------------------------------
W4                                          At least 50 but fewer than
                                             100 workers
------------------------------------------------------------------------
W5                                          At least 100 but fewer than
                                             500 workers
------------------------------------------------------------------------
W6                                          At least 500 but fewer than
                                             1,000 workers
------------------------------------------------------------------------
W7                                          At least 1,000 but fewer
                                             than 10,000 workers
------------------------------------------------------------------------
W8                                          At least 10,000 workers
------------------------------------------------------------------------


    (viii) For the principal reporting year only, 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 substance 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 chemical substance is 
sent off-site/reacted on-site. For each chemical substance at each 
site, select the maximum concentration of the chemical substance from 
among the ranges listed in Table 5 of this paragraph and report the 
corresponding code (i.e., M1 through M5):


     Table 5.--Codes for Reporting Maximum Concentration of Chemical
                                Substance
------------------------------------------------------------------------
                                               Concentration Range (%
                   Code                                weight)
------------------------------------------------------------------------
M1                                          Less than 1% by weight
------------------------------------------------------------------------
M2                                          At least 1 but less than 30%
                                             by weight
------------------------------------------------------------------------
M3                                          At least 30 but less than
                                             60% by weight
------------------------------------------------------------------------
M4                                          At least 60 but less than
                                             90% by weight
------------------------------------------------------------------------
M5                                          At least 90% by weight
------------------------------------------------------------------------


    (ix) For the principal reporting year only, the physical form(s) of 
the reportable chemical substance as it is sent off-site from each 
site. If the chemical substance 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 
chemical substance at each site, the submitter must report as many 
physical forms as apply from among the physical forms listed in this 
unit:
    (A) Dry powder.
    (B) Pellets or large crystals.
    (C) Water- or solvent-wet solid.
    (D) Other solid.
    (E) Gas or vapor.
    (F) Liquid.
    (x) For the principal reporting year only, submitters must report 
the percentage, rounded off to the closest 10%, of total production 
volume of the reportable chemical substance, for the principal 
reporting year only, reported in response to paragraph (b)(3)(iii) of 
this section, that is associated with each physical form reported under 
paragraph (b)(3)(ix) of this section.
    (4) Specific information related to processing and use. Persons 
subject to paragraph (b)(3) of this section must report the information 
described in paragraphs (b)(4)(i) and (b)(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 for the principal reporting year only 
and only to the extent that it is known to or reasonably ascertainable 
by the submitter. Information required to be reported under this 
paragraph is limited to domestic (i.e., within the customs 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 known or reasonably 
ascertainable, 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 chemical 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) listed in Table 6 of this paragraph. A 
particular designation may need to be reported more than once, to the 
extent that a submitter reports more than one sector (under paragraph 
(b)(4)(i)(B) of this section) that applies to a given designation under 
this paragraph.


   Table 6.--Codes for Reporting Type of Industrial Processing or Use
                                Operation
------------------------------------------------------------------------
                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) A code indicating the sector(s) which best describe the 
industrial activities associated with each industrial processing or use 
operation reported under paragraph (b)(4)(i)(A) of this section. For 
each chemical substance, report the code that corresponds to the 
appropriate sector(s) listed in Table 7 of this paragraph. A particular 
sector code may need to be reported more than once, to the extent that 
a submitter reports more than one industrial function code (under 
paragraph (b)(4)(i)(C) of this section) that applies to a given sector 
code under this paragraph.


[[Page 49703]]



            Table 7.--Codes for Reporting Industrial Sectors
------------------------------------------------------------------------
                   Code                          Sector Description
------------------------------------------------------------------------
IS1                                         Agriculture, Forestry,
                                             Fishing and Hunting
------------------------------------------------------------------------
IS2                                         Oil and Gas Drilling,
                                             Extraction, and support
                                             activities
------------------------------------------------------------------------
IS3                                         Mining (except Oil and Gas)
                                             and support activities
------------------------------------------------------------------------
IS4                                         Utilities
------------------------------------------------------------------------
IS5                                         Construction
------------------------------------------------------------------------
IS6                                         Food, beverage, and tobacco
                                             product manufacturing
------------------------------------------------------------------------
IS7                                         Textiles, apparel, and
                                             leather manufacturing
------------------------------------------------------------------------
IS8                                         Wood Product Manufacturing
------------------------------------------------------------------------
IS9                                         Paper Manufacturing
------------------------------------------------------------------------
IS10                                        Printing and Related Support
                                             Activities
------------------------------------------------------------------------
IS11                                        Petroleum Refineries
------------------------------------------------------------------------
IS12                                        Asphalt Paving, Roofing, and
                                             Coating Materials
                                             Manufacturing
------------------------------------------------------------------------
IS13                                        Petroleum Lubricating Oil
                                             and Grease Manufacturing
------------------------------------------------------------------------
IS14                                        All other Petroleum and Coal
                                             Products Manufacturing
------------------------------------------------------------------------
IS15                                        Petrochemical Manufacturing
------------------------------------------------------------------------
IS16                                        Industrial Gas Manufacturing
------------------------------------------------------------------------
IS17                                        Synthetic Dye and Pigment
                                             Manufacturing
------------------------------------------------------------------------
IS18                                        Carbon Black Manufacturing
------------------------------------------------------------------------
IS19                                        All Other Basic Inorganic
                                             Chemical Manufacturing
------------------------------------------------------------------------
IS20                                        Cyclic Crude and
                                             Intermediate Manufacturing
------------------------------------------------------------------------
IS21                                        All Other Basic Organic
                                             Chemical Manufacturing
------------------------------------------------------------------------
IS22                                        Plastics Material and Resin
                                             Manufacturing
------------------------------------------------------------------------
IS23                                        Synthetic Rubber
                                             Manufacturing
------------------------------------------------------------------------
IS24                                        Organic Fiber Manufacturing
------------------------------------------------------------------------
IS25                                        Pesticide, Fertilizer, and
                                             Other Agricultural Chemical
                                             Manufacturing
------------------------------------------------------------------------
IS26                                        Pharmaceutical and Medicine
                                             Manufacturing
------------------------------------------------------------------------
IS27                                        Paint and Coating
                                             Manufacturing
------------------------------------------------------------------------
IS28                                        Adhesive Manufacturing
------------------------------------------------------------------------
IS29                                        Soap, Cleaning Compound, and
                                             Toilet Preparation
                                             Manufacturing
------------------------------------------------------------------------
IS30                                        Printing Ink Manufacturing
------------------------------------------------------------------------
IS31                                        Explosives Manufacturing
------------------------------------------------------------------------
IS32                                        Custom Compounding of
                                             Purchased Resins
------------------------------------------------------------------------
IS33                                        Photographic Film, Paper,
                                             Plate, and Chemical
                                             Manufacturing
------------------------------------------------------------------------
IS34                                        All Other Chemical Product
                                             and Preparation
                                             Manufacturing
------------------------------------------------------------------------
IS35                                        Plastics Product
                                             Manufacturing
------------------------------------------------------------------------
IS36                                        Rubber Product Manufacturing
------------------------------------------------------------------------
IS37                                        Non-metallic Mineral Product
                                             Manufacturing (includes
                                             clay, glass, cement,
                                             concrete, lime, gypsum, and
                                             other non-metallic mineral
                                             product manufacturing)
------------------------------------------------------------------------
IS38                                        Primary Metal Manufacturing
------------------------------------------------------------------------
IS39                                        Fabricated Metal Product
                                             Manufacturing
------------------------------------------------------------------------
IS40                                        Machinery Manufacturing
------------------------------------------------------------------------
IS41                                        Computer and Electronic
                                             Product Manufacturing
------------------------------------------------------------------------
IS42                                        Electrical Equipment,
                                             Appliance, and Component
                                             Manufacturing
------------------------------------------------------------------------
IS43                                        Transportation Equipment
                                             Manufacturing
------------------------------------------------------------------------
IS44                                        Furniture and Related
                                             Product Manufacturing
------------------------------------------------------------------------
IS45                                        Miscellaneous Manufacturing
------------------------------------------------------------------------
IS46                                        Wholesale and Retail Trade
------------------------------------------------------------------------
IS47                                        Services
------------------------------------------------------------------------
IS48                                        Other (requires additional
                                             information)
------------------------------------------------------------------------


    (C) For each sector reported under paragraph (b)(4)(i)(B) of this 
section, code(s) from Table 8 of this paragrph 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/sector combination (under 
paragraphs (b)(4)(i)(A) and (b)(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/
sector/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 substance, measured by 
weight. If none of the listed industrial function categories accurately 
describes a use of a chemical substance, the category ``Other'' may be 
used, and must include a description of the use.


      Table 8.--Codes for Reporting Industrial Function Categories
------------------------------------------------------------------------
                   Code                               Category
------------------------------------------------------------------------
U001                                        Abrasives
------------------------------------------------------------------------
U002                                        Adhesives and sealant
                                             chemicals
------------------------------------------------------------------------
U003                                        Adsorbents and absorbents
------------------------------------------------------------------------
U004                                        Agricultural chemicals (non-
                                             pesticidal)
------------------------------------------------------------------------
U005                                        Anti-adhesive agents
------------------------------------------------------------------------
U006                                        Bleaching agents
------------------------------------------------------------------------
U007                                        Corrosion inhibitors and
                                             anti-scaling agents
------------------------------------------------------------------------
U008                                        Dyes
------------------------------------------------------------------------
U009                                        Fillers
------------------------------------------------------------------------
U010                                        Finishing agents
------------------------------------------------------------------------
U011                                        Flame retardants
------------------------------------------------------------------------
U012                                        Fuels and fuel additives
------------------------------------------------------------------------
U013                                        Functional fluids (closed
                                             systems)
------------------------------------------------------------------------
U014                                        Functional fluids (open
                                             systems)
------------------------------------------------------------------------
U015                                        Intermediates
------------------------------------------------------------------------
U016                                        Ion exchange agents
------------------------------------------------------------------------
U017                                        Lubricants and lubricant
                                             additives
------------------------------------------------------------------------
U018                                        Odor agents
------------------------------------------------------------------------
U019                                        Oxidizing/reducing agents
------------------------------------------------------------------------
U020                                        Photosensitive chemicals
------------------------------------------------------------------------
U021                                        Pigments
------------------------------------------------------------------------

[[Page 49704]]

 
U022                                        Plasticizers
------------------------------------------------------------------------
U023                                        Plating agents and surface
                                             treating agents
------------------------------------------------------------------------
U024                                        Process regulators
------------------------------------------------------------------------
U025                                        Processing aids, specific to
                                             petroleum production
------------------------------------------------------------------------
U026                                        Processing aids, not
                                             otherwise listed
------------------------------------------------------------------------
U027                                        Propellants and blowing
                                             agents
------------------------------------------------------------------------
U028                                        Solids separation agents
------------------------------------------------------------------------
U029                                        Solvents (for cleaning or
                                             degreasing)
------------------------------------------------------------------------
U030                                        Solvents (which become part
                                             of product formulation or
                                             mixture)
------------------------------------------------------------------------
U031                                        Surface active agents
------------------------------------------------------------------------
U032                                        Viscosity adjustors
------------------------------------------------------------------------
U033                                        Laboratory chemicals
------------------------------------------------------------------------
U034                                        Paint additives and coating
                                             additives not described by
                                             other categories
------------------------------------------------------------------------
U999                                        Other (specify)
------------------------------------------------------------------------


    (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, 
sector, and industrial function category. Where a particular 
combination of industrial processing or use operation, sector, and 
industrial function category accounts for less than 5% of the 
submitter's site's total production volume of a reportable chemical 
substance, the percentage must not be rounded off to 0% if the 
production volume attributable to that industrial processing or use 
operation, sector, and industrial function category combination is 
25,000 lb. (11,340 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, sector, and 
industrial function category.
    (E) For each combination of industrial processing or use operation, 
sector, 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 chemical 
substance, the submitter must select from among the ranges of sites 
listed in Table 9 of this paragraph and report the corresponding code 
(i.e., S1 through S7):


             Table 9.--Codes for Reporting Numbers of Sites
------------------------------------------------------------------------
                   Code                                 Range
------------------------------------------------------------------------
S1                                          Fewer than 10 sites
------------------------------------------------------------------------
S2                                          at least 10 but fewer than
                                             25 sites
------------------------------------------------------------------------
S3                                          at least 25 but fewer than
                                             100 sites
------------------------------------------------------------------------
S4                                          at least 100 but fewer than
                                             250 sites
------------------------------------------------------------------------
S5                                          at least 250 but fewer than
                                             1,000 sites
------------------------------------------------------------------------
S6                                          at least 1,000 but fewer
                                             than 10,000 sites
------------------------------------------------------------------------
S7                                          at least 10,000 sites
------------------------------------------------------------------------


    (F) For each combination of industrial processing or use operation, 
sector, 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 chemical substance, the submitter must select from among the 
worker ranges listed in paragraph (b)(3)(v) of this section and report 
the corresponding code (i.e., W1 though W8).
    (ii) Consumer and commercial use information--(A) Using the codes 
listed in Table 10 of this paragraph, submitters must designate the 
consumer and commercial product category or categories that best 
describe the consumer and commercial 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. If none of the listed consumer and commercial 
product categories accurately describes the consumer and commercial 
products in which each reportable chemical substance is used, the 
category ``Other'' may be used, and must include a description of the 
use.


     Table 10.--Codes for Reporting Consumer and Commercial Product
                               Categories
------------------------------------------------------------------------
                   Code                               Category
------------------------------------------------------------------------
  Chemical Substances in Furnishing, Cleaning, Treatment/Care Products
------------------------------------------------------------------------
C101                                        Floor Coverings
------------------------------------------------------------------------
C102                                        Foam Seating and Bedding
                                             Products
------------------------------------------------------------------------
C103                                        Furniture and Furnishings
                                             not covered elsewhere
------------------------------------------------------------------------
C104                                        Fabric, Textile, and Leather
                                             Products not covered
                                             elsewhere
------------------------------------------------------------------------
C105                                        Cleaning and Furnishing Care
                                             Products
------------------------------------------------------------------------
C106                                        Laundry and Dishwashing
                                             Products
------------------------------------------------------------------------
C107                                        Water Treatment Products
------------------------------------------------------------------------
C108                                        Personal Care Products
------------------------------------------------------------------------
C109                                        Air Care Products
------------------------------------------------------------------------
C110                                        Apparel and Footwear Care
                                             Products
------------------------------------------------------------------------
    Chemical Substances in Construction, Paint, Electrical, and Metal
                                Products
------------------------------------------------------------------------
C201                                        Adhesives and Sealants
------------------------------------------------------------------------
C202                                        Paints and Coatings
------------------------------------------------------------------------
C203                                        Building/Construction
                                             Materials - Wood and
                                             Engineered Wood Products
------------------------------------------------------------------------
C204                                        Building/Construction
                                             Materials not covered
                                             elsewhere
------------------------------------------------------------------------
C205                                        Electrical and Electronic
                                             Products
------------------------------------------------------------------------
C206                                        Metal Products not covered
                                             elsewhere
------------------------------------------------------------------------
C207                                        Batteries
------------------------------------------------------------------------
    Chemical Substances in Packaging, Paper, Plastic, Hobby Products
------------------------------------------------------------------------
C301                                        Food Packaging
------------------------------------------------------------------------
C302                                        Paper Products
------------------------------------------------------------------------
C303                                        Plastic and Rubber Products
                                             not covered elsewhere
------------------------------------------------------------------------
C304                                        Toys, Playground, and
                                             Sporting Equipment
------------------------------------------------------------------------

[[Page 49705]]

 
C305                                        Arts, Crafts, and Hobby
                                             Materials
------------------------------------------------------------------------
C306                                        Ink, Toner, and Colorant
                                             Products
------------------------------------------------------------------------
C307                                        Photographic Supplies, Film,
                                             and Photochemicals
------------------------------------------------------------------------
    Chemical Substances in Automotive, Fuel,Agriculture, Outdoor Use
                                Products
------------------------------------------------------------------------
C401                                        Automotive Care Products
------------------------------------------------------------------------
C402                                        Lubricants and Greases
------------------------------------------------------------------------
C403                                        Anti-Freeze and De-icing
                                             Products
------------------------------------------------------------------------
C404                                        Fuels and Related Products
------------------------------------------------------------------------
C405                                        Explosive Materials
------------------------------------------------------------------------
C406                                        Agricultural Products (non-
                                             pesticidal)
------------------------------------------------------------------------
C407                                        Lawn and Garden Care
                                             Products
------------------------------------------------------------------------
      Chemical Substances in Products not Described by Other Codes
------------------------------------------------------------------------
C980                                        Non-TSCA Use
------------------------------------------------------------------------
C909                                        Other (specify)
------------------------------------------------------------------------


    (B) An indication, within each consumer and commercial product 
category reported under paragraph (b)(4)(ii)(A) of this section, 
whether the use is a consumer or a commercial use.
    (C) Submitters must determine, within each consumer and commercial 
product category reported under paragraph (b)(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 substance 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 age 14 or younger, regardless of 
the concentration of the chemical 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 known to or reasonably 
ascertainable by the submitter.
    (D) 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 consumer and commercial product 
category. Where a particular consumer and commercial product category 
accounts for less than 5% of the total production volume of a 
reportable chemical substance, the percentage must not be rounded off 
to 0% if the production volume attributable to that commercial and 
consumer product category is 25,000 lb. (11,340 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 consumer and commercial product category.
    (E) Where the reportable chemical substance is used in consumer or 
commercial products, the estimated typical maximum concentration, 
measured by weight, of the chemical substance in each consumer and 
commercial product category reported under paragraph (b)(4)(ii)(A) of 
this section. For each chemical substance in each commercial and 
consumer product category reported under paragraph (b)(4)(ii)(A) of 
this section, submitters must select from among the ranges of 
concentrations listed in Table 5 in paragraph (b)(3)(viii) of this 
section and report the corresponding code (i.e., M1 through M5).
    (F) Where the reportable chemical substance is used in a commercial 
product, the submitter must estimate the number of commercial 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 Table 4 in paragraph 
(b)(3)(vii) of this section and report the corresponding code (i.e., W1 
though W8).


Sec.  711.20  When to report.

    All information reported to EPA in response to the requirements of 
this part must be submitted during an applicable submission period from 
June 1 to September 30 at 4-year intervals, beginning in 2011. Any 
person described in Sec.  711.8(a) must report during each submission 
period for each chemical substance described in Sec.  711.5 that the 
person manufactured (including imported) during any calendar year since 
the last principal reporting year (e.g., for the 2011 submission 
period, consider calendar years 2006, 2007, 2008, 2009, and 2010, since 
2005 was the last principal reporting year).


Sec.  711.22  Duplicative reporting.

    (a) With regard to TSCA section 8(a) rules. Any person subject to 
the requirements of this part who previously has complied with 
reporting requirements of a rule under TSCA section 8(a) by submitting 
the information described in Sec.  711.15 for a chemical substance 
described in Sec.  711.5 to EPA, and has done so within 1 year of the 
start of a submission period described in Sec.  711.20, is not required 
to report again on the manufacture of that chemical 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 Sec.  711.5. 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 40 CFR 704.3, 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.
    (c) Toll manufacturers and persons contracting with a toll 
manufacturer. This part requires that only one report be submitted on 
each chemical substance described in Sec.  711.5. When a company 
contracts with a toll manufacturer to manufacture a chemical substance, 
and each party meets the Agency's definition of ``manufacturer'' as set 
forth in Sec.  711.3, the contracting company is primarily responsible 
for the IUR submission. In the event the contracting company does not 
report, the toll manufacturer must report. Both the contracting company 
and the toll manufacturer are liable if no report is made.


Sec.  711.25  Recordkeeping requirements.

    Each person who is subject to the reporting requirements of this 
part 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.


Sec.  711.30  Confidentiality claims.

    (a) Confidentiality claims. Any person submitting information under 
this part

[[Page 49706]]

may assert a business confidentiality claim for the information at the 
time it is submitted. Any such confidentiality claims must be made at 
the time the information is submitted. Confidentiality claims cannot be 
made when a response is left blank or an indication of not known to or 
reasonably ascertainable by is provided. These claims will apply only 
to the information submitted with the claim. New confidentiality 
claims, if appropriate, must be asserted with regard to information 
submitted during a different submission period. Guidance for asserting 
confidentiality claims is provided in the instructions identified in 
Sec.  711.35. Information claimed as confidential in accordance with 
this section will be treated and disclosed in accordance with the 
procedures in 40 CFR part 2.
    (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 chemical substance is treated as 
confidential in the Master Inventory File as of the time the report is 
submitted for that chemical substance under this part. 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 part? 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 chemical 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 (CBI), 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 substance 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 part? 
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 CBI, 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) Processing and use information. A submitter may assert a claim 
of confidentiality for each data element required by Sec.  711.15(b)(4) 
only if the linkage of the information with a reportable chemical 
substance is confidential and not publicly available. The following 
steps must be taken to assert a claim of confidentiality for each data 
element, individually, required by Sec.  711.15(b)(4):
    (1) The submitter must submit with the report detailed written 
answers to the following questions signed and dated by an authorized 
official:
    (i) Is the identified use of this chemical substance publicly 
known? For example, is information on the use available in 
advertisements or other marketing materials, professional journals or 
other similar materials, or in non-confidential mandatory or voluntary 
government filings or publications? Has your company ever provided use 
information on the chemical substance that was not claimed as 
confidential?
    (ii) What harmful effect, if any, to your competitive position do 
you think would result from the information reported as required by 
Sec.  711.15(b)(4) and the chemical substance being disclosed in 
connection with reporting under this part? How could a competitor use 
such information? Would the effects of disclosure be substantial? What 
is the causal relationship between the disclosure and the substantial 
harmful effects?
    (2) If any of the information contained in the answers to the 
questions listed in paragraph (d)(1) of this section is asserted to 
contain CBI, 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

[[Page 49707]]

business information,'' ``proprietary,'' or ``trade secret.''
    (e) No claim of confidentiality. If no claim of confidentiality is 
indicated on Form U submitted to EPA under this part; if Form U lacks 
the certification required by Sec.  711.15(b)(1); if confidentiality 
claim substantiation required under paragraphs (b), (c), and (d) of 
this section is not submitted with Form U; or if the identity of a 
chemical substance listed on the non-confidential portion of the Master 
Inventory File is claimed as confidential, EPA may make the information 
available to the public without further notice to the submitter.


Sec.  711.35  Electronic filing.

    (a) You must use e-IURweb to complete and submit Form U; EPA Form 
7740-8. Submissions may only be made as set forth in this section.
    (b) Submissions must be sent electronically to EPA via CDX.
    (c) Obtain e-IURweb and instructions, as follows:
    (1) By website. Go to the EPA Inventory Update Reporting Internet 
homepage at http://www.epa.gov/iur and follow the appropriate links.
    (2) By phone or e-mail. Contact the EPA TSCA Hotline at (202) 554-
1404 or [email protected] for a CD-ROM containing the instructions.

[FR Doc. 2010-19830 Filed 8-12-10; 8:45 am]
BILLING CODE 6560-50-S