PART 715—ACTIVITIES INVOLVING UNSCHEDULED DISCRETE ORGANIC CHEMICALS (UDOCs) Authority: 22 U.S.C. 6701 et seq.; Source: 71 FR 24929, Apr. 27, 2006, unless otherwise noted. § 715.1 Annual declaration requirements for production by synthesis of unscheduled discrete organic chemicals (UDOCs). (a) Declaration of production by synthesis of UDOCs for purposes not prohibited by the CWC Production quantities that trigger the declaration requirement. (i) In excess of 200 metric tons aggregate of all UDOCs (including all UDOCs containing the elements phosphorus, sulfur or fluorine, referred to as “PSF chemicals”) during the previous calendar year; or (ii) In excess of 30 metric tons of an individual PSF chemical at one or more plants at your plant site during the previous calendar year. Note to § 715.1( a ii In calculating the aggregate production quantity of each individual PSF chemical produced by a PSF plant, do not include production of a PSF chemical that was produced in quantities less than 30 metric tons. Include only production quantities from those PSF plants that produced more than 30 metric tons of an individual PSF chemical. (2) UDOCs subject to declaration requirements under this part. (A) Use; or (B) Sale as a specific end product. (ii) Exemptions. (B) Chemicals and chemical mixtures produced through a biological or biomediated process; (C) Products from the refining of crude oil, including sulfur-containing crude oil; (D) Metal carbides (i.e., chemicals consisting only of metal and carbon); and (E) UDOCs produced by synthesis that are ingredients or by-products in foods designed for consumption by humans and/or animals. Note to § 715.1( a See supplement no. 2 to this part 715 for examples of UDOCs subject to the declaration requirements of this part, and for examples of activities that are not considered production by synthesis. (3) Exemptions for UDOC plant sites. (i) Hydrocarbon means any organic compound that contains only carbon and hydrogen; and (ii) Explosive means a chemical (or a mixture of chemicals) that is included in Class 1 of the United Nations Organization hazard classification system. (b) Types of declaration forms to be used Annual declaration on past activities. Certification Form and Form UDOC No Changes Authorization Form Note to § 715.1( b If there is a change in the inspection status of your plant site, as described in paragraph (d)(2) of this section, you may submit an Annual Declaration on Past Activities, in lieu of a Change in Inspection Status Form, under the circumstances described in Note 3 to paragraph (d)(2). In this case, the due date for submitting the Annual Declaration on Past Activities to BIS, covering UDOC production at your plant site during the current current (2) No Changes Authorization Form. No Changes Authorization Form Note to § 715.1( b If, after submitting the No Changes Authorization Form, (c) “Declared” UDOC plant site. (d) Routine inspections of declared UDOC plant sites Inspection requirement. (2) Change in inspection status. (i) Your plant site is currently subject to inspection, pursuant to paragraph (d)(1) of this section, based on your plant site's production by synthesis of UDOCs during the previous (ii) Your plant site's production by synthesis of UDOCs in the current current Note 1 to § 715.1( d Upon receipt of the Change in Inspection Status Form, BIS will inform the Organization for the Prohibition of Chemical Weapons (OPCW) that your plant site is not subject to inspection during the next Note 2 to § 715.1( d If, after submitting your Change in Inspection Status Form to BIS, you determine that the production by synthesis of UDOCs at your plant site actually exceeded the UDOC inspection threshold level specified in paragraph (d)(1) of this section, you must indicate this fact when you submit your Annual Declaration on Past Activities to BIS and indicate, on Form B, the reason your plant site exceeded the UDOC inspection threshold. Note 3 to § 715.1( d You may submit the Annual Declaration on Past Activities described in paragraph (b)(1) of this section, instead of the Change in Inspection Status Form, if you anticipate that UDOC production at your plant site during the current next Note 4 to § 715.1( d Currently inspectable UDOC plant sites that do not submit either a Change in Inspection Status Form or Annual Declaration of Past Activities by December 15th of the current calendar year, in accordance with paragraph (d)(2) of this section, will remain subject to inspection through at least the 90-day period at the beginning of the next calendar year. [71 FR 24929, Apr. 27, 2006, as amended at 72 FR 14408, Mar. 28, 2007] § 715.2 Amended declaration. In order for BIS to maintain accurate information on previously submitted plant site declarations, including current information necessary to facilitate inspection notifications and activities or to communicate declaration requirements, amended declarations will be required under the following circumstances described in this section. This section applies only to annual declarations on past activities submitted for the previous calendar year, unless specified otherwise in a final inspection report. (a) Changes to information that directly affects a declared plant site's Annual Declaration of Past Activities (ADPA) which was previously submitted to BIS. (1) Product group codes for UDOCs produced in quantities exceeding the applicable declaration threshold specified in § 715.1(a)(1) of the CWCR; (2) Approximate number of plants at the declared plant site that produced any amount of UDOCs (including all PSF chemicals); (3) Aggregate amount of production (by production range) of UDOCs produced by all plants at the declared plant site; (4) Exact number of plants at the declared plant site that individually produced more than 30 metric tons of a single PSF chemical; and (5) Production range of each plant at the declared plant site that individually produced more than 30 metric tons of a single PSF chemical. (b) Changes to company and plant site information submitted in the ADPA that must be maintained by BIS Internal company changes. (i) Name of declaration point of contact (D-POC), including telephone number, facsimile number, and e-mail address; (ii) Name(s) of inspection point(s) of contact (I-POC), including telephone number, facsimile number(s) and e-mail address(es); (iii) Company name (see 715.2(b)(2) for other company changes); (iv) Company mailing address; (v) Plant site name; (vi) Plant site owner, including telephone number and facsimile number; and (vii) Plant site operator, including telephone number and facsimile number. (2) Change in ownership of company or plant site. (i) Information that must be submitted to BIS by the company selling a declared plant site: (A) Name of seller (i.e., name of company selling a declared plant site); (B) Name of declared plant site name and U.S. Code Number for that plant site; (C) Name of purchaser (i.e., name of new company purchasing a declared plant site) and identity of contact person for the purchaser, if known; (D) Date of ownership transfer or change; (E) Additional details on the sale of the declared plant site relevant to ownership or operational control over any portion of the declared plant site (e.g., whether the entire plant site or only a portion of the declared plant site has been sold to a new owner); and (F) Details regarding whether the new owner will submit the declaration for the entire calendar year during which the ownership change occurred, or whether the previous owner and new owner will submit separate declarations for the periods of the calendar year during which each owned the plant site. ( 1 ( 2 ( 3 (ii) Information that must be submitted to BIS by the company purchasing a declared plant site: (A) Name of purchaser (i.e., name of individual or company purchasing a declared plant site); (B) Mailing address of purchaser; (C) Name of declaration point of contact (D-POC) for the purchaser, including telephone number, facsimile number, and e-mail address; (D) Name(s) of inspection point(s) of contact (I-POC) for the purchaser, including telephone number(s), facsimile number(s), and e-mail address(es); (E) Name of the declared plant site and U.S. Code Number for that plant site; (F) Location of the declared plant site; (G) Name of plant site where the production of UDOCs exceeds the applicable declaration threshold; (H) Owner of plant site where the production of UDOCs exceeds the applicable declaration threshold, including telephone number and facsimile number; (I) Operator of plant site where the production of UDOCs exceeds the applicable declaration threshold, including telephone number and facsimile number; and (J) Details on the next declaration or report submission on whether the new owner will submit the declaration or report for the entire calendar year during which the ownership change occurred, or whether the previous owner and new owner will submit separate declarations or report for the periods of the calendar year during which each owned the plant site. Note 1 to § 715.2( b You must submit an amendment to your most recently submitted declaration or report for declaring changes to internal company information (e.g., company name change) or changes in ownership of a facility or trading company that have occurred since the submission of this declaration or report. BIS will process the amendment to ensure current information is on file regarding the facility or trading company (e.g., for inspection notifications and correspondence) and will also forward the amended declaration to the OPCW to ensure that they also have current information on file regarding your facility or trading company. Note 2 to § 715.2( b You may notify BIS of change in ownership via a letter to the address given in § 711.6 of the CWCR. If you are submitting an amended declaration, use Form B to address details regarding the sale of the declared plant site. Note 3 to § 715.2( b For ownership changes, the declared plant site will maintain its original U.S. Code Number, unless the plant site is sold to multiple owners, at which time BIS will assign new U.S. Code Numbers. (c) Inspection-related amendments. (d) Non-substantive changes. (e) Documentation required for amended declarations. (1) A letter containing all of the corrected information required, in accordance with the provisions of this section, to amend your declaration; or (2) Both of the following: (i) A new Certification Form; and (ii) The specific form required for the declaration containing the corrected information required, in accordance with the requirements of this section, to amend your declaration. § 715.3 Declarations returned without action by BIS. If you submit a declaration and BIS determines that the information contained therein is not required by the CWCR, BIS will return the original declaration to you, without action, accompanied by a letter explaining BIS's decision. In order to protect your confidential business information, BIS will not maintain a copy of any declaration that is returned without action. However, BIS will maintain a copy of the RWA letter. § 715.4 Deadlines for submitting UDOC declarations, No Changes Authorization Forms, Change in Inspection Status Forms, and amendments. Declarations, No Changes Authorization Forms, Change in Inspection Status Forms, and amendments required under this part must be postmarked by the appropriate dates identified in supplement no. 3 to this part 715 of the CWCR. Required documents under this part include: (a) Annual Declaration on Past Activities (b) No Changes Authorization Form (c) Change in Inspection Status Form current (d) Amended declaration. [71 FR 24929, Apr. 27, 2006, as amended at 72 FR 14408, Mar. 28, 2007] Supplement No. 1 to Part 715—Definition of an Unscheduled Discrete Organic Chemical Unscheduled discrete organic chemical means any chemical: (1) Belonging to the class of chemical compounds consisting of all compounds of carbon except for its oxides, sulfides and metal carbonates identifiable by chemical name, by structural formula, if known, and by Chemical Abstract Service registry number, if assigned; and (2) that is not contained in the Schedules of Chemicals (see Supplements No. 1 to parts 712 through 714 of the CWCR). Unscheduled discrete organic chemicals subject to declaration under this part are those produced by synthesis that are isolated for use or sale as a specific end-product. Note: Carbon oxides consist of chemical compounds that contain only the elements carbon and oxygen and have the chemical formula C X y 2 a b 2 d 3 e 2 3 a 3 a 2 Supplement No. 2 to Part 715—Examples of Unscheduled Discrete Organic Chemicals (UDOCs) and UDOC Production (1) Examples of UDOCs not subject to declaration include: (i) UDOCs produced coincidentally as by-products that are not isolated for use or sale as a specific end product, and are routed to, or escape from, the waste stream of a stack, incinerator, or waste treatment system or any other waste stream; (ii) UDOCs, contained in mixtures, which are produced coincidentally and not isolated for use or sale as a specific end-product; (iii) UDOCs produced by recycling (i.e., involving one of the processes listed in paragraph (3) of this supplement) of previously declared UDOCs; (iv) UDOCs produced by the mixing (i.e., the process of combining or blending into one mass) of previously declared UDOCs; and (v) UDOCs that are intermediates and that are used in a single or multi-step process to produce another declared UDOC. (2) Examples of UDOCs that you must declare under part 715 of the CWCR include, but are not limited to, the following, unless they are not isolated for use or sale as a specific end product: (i) Acetophenone (CAS #98-86-2); (ii) 6-Chloro-2-methyl aniline (CAS #87-63-8); (iii) 2-Amino-3-hydroxybenzoic acid (CAS #548-93-6); and (iv) Acetone (CAS #67-64-1). (3) Examples of activities that are not considered “production by synthesis” under part 715 of the CWCR, which means the end products resulting from such activities would not be declared under part 715, are as follows: (i) Fermentation; (ii) Extraction; (iii) Purification; (iv) Distillation; and (v) Filtration. Supplement No. 3 to Part 715— Deadlines for Submission of Declarations, No Changes Authorization Forms, Amendments for Unscheduled Discrete Organic Chemical (UDOC) Facilities, and Change in Inspection Status Forms Declarations Applicable forms Due dates Annual Declaration on Past Activities (previous calendar year) Certification, UDOC, A (as appropriate), B (optional) February 28 of the year following any calendar year in which the production by synthesis of UDOCs exceeded the applicable declaration threshold in § 715.1(a)(1) of the CWCR.* No Changes Authorization Form (declaration required, but no changes to data contained in previously submitted annual declaration on past activities—previous calendar year) No Changes Authorization Form February 28 of the year following any calendar year in which the production by synthesis of UDOCs exceeded the applicable declaration threshold in § 715.1(a)(1) of the CWCR. Amended Declaration: Certification, UDOC, A (as appropriate), B (optional) —Declaration information —15 calendar days after change in information. —Company information —30 calendar days after change in information. —Post-inspection letter —45 calendar days after receipt of letter. Change in Inspection Status Form (applies only if your plant site is currently subject to inspection, pursuant to § 715.1(d)(1) of the CWCR, and you anticipate that the production by synthesis of UDOCs at your plant site during the current calendar year will remain below the inspection threshold level specified therein) Change in Inspection Status Form December 15th of any calendar year in which the production by synthesis of UDOCs is anticipated to be below the inspection threshold level specified in § 715.1(d)(1) of the CWCR.* * You may submit the Annual Declaration on Past Activities (ADPA) described in § 715.1(b)(1), instead of the Change in Inspection Status Form, if you anticipate that UDOC production at your plant site during the current calendar year will be below the inspection threshold level specified in § 715.1(d)(1), but you expect your plant site to remain subject to the UDOC declaration requirements in § 715.1(a)(1). In this case, the due date for the Annual Declaration on Past Activities will be December 15th of the current calendar year, instead of February 28th of the next [72 FR 14408, Mar. 28, 2007]