PART 704—REPORTING AND RECORDKEEPING REQUIREMENTS Authority: 15 U.S.C. 2607(a). Subpart A—General Reporting and Recordkeeping Provisions for Section 8(a) Information-Gathering Rules § 704.1 Scope. (a) This part specifies reporting and recordkeeping procedures under section 8(a) of the Toxic Substances Control Act (TSCA) for manufacturers, importers, and processors of chemical substances and mixtures (hereafter collectively referred to as substances) that are identified in subpart B of this part. The reporting and recordkeeping provisions in subpart A of this part apply throughout this part unless revised in any other subpart. (b) Subpart B of this part sets out chemical-specific reporting and recordkeeping requirements under section 8(a) of TSCA. [53 FR 51715, Dec. 22, 1988, as amended at 60 FR 31920, June 19, 1995] § 704.3 Definitions. All definitions as set forth in section 3 of TSCA apply in this part. In addition, the following definitions are provided for the purposes of this part. Annual Article Byproduct CAS Number Coproduct Customer Domestic Enclosed process EPA Import Import for commercial purposes Import in bulk form Importer (i) The person primarily liable for the payment of any duties on the merchandise, or (ii) An authorized agent acting on his behalf. (2) Importer also includes, as appropriate: (i) The consignee. (ii) The importer of record. (iii) The actual owner if an actual owner's declaration and superseding bond have been filed in accordance with 19 CFR 141.20. (iv) The transferee, if the right to draw merchandise in a bonded warehouse has been transferred in accordance with subpart C of 19 CFR part 144. (3) For the purposes of this definition, the customs territory of the United States consists of the 50 States, Puerto Rico, and the District of Columbia. Impurity Intermediate Known to or reasonably ascertainable by Manufacture Manufacture for commercial purposes (i) For commercial distribution, including for test marketing. (ii) For use by the manufacturer, including use for product research and development, or as an intermediate. (2) Manufacture 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. Manufacturer Non-isolated intermediate Own or control Parent company Person Possession or control (1) In the person's own files including files maintained by employees of the person in the course of their employment. (2) In commercially available data bases to which the person has purchased access. (3) Maintained in the files in the course of employment by other agents of the person who are associated with research, development, test marketing, or commercial marketing of the chemical substance in question. Process Process for commercial purposes Processor Production volume Propose to manufacture, import, or process Site Small government Small manufacturer (1) First standard. (2) Second standard. (3) Inflation index. Federal Register Small quantities solely for research and development Substance Test marketing Total annual sales TSCA et seq. [53 FR 51715, Dec. 22, 1988, as amended at 76 FR 50858, Aug. 16, 2011; 76 FR 54933, Sept. 6, 2011; 85 FR 31995, May 28, 2020] § 704.5 Exemptions. A person who is subject to reporting requirements for a substance identified in this part is exempt from those requirements to the extent that the person and that person's use of the substance is described in this section. This section is superseded by any TSCA section 8(a) rule that adds to, removes, or revises the exemptions described in this section. (a) Articles. (b) Byproducts. (c) Impurities. (d) Non-isolated intermediate. (e) Research and development. (f) Small manufacturers and importers. [53 FR 51717, Dec. 22, 1988] § 704.7 Confidential business information claims. Claims of confidentiality must be made in accordance with the procedures described in 40 CFR part 703. [88 FR 37171, June 7, 2023] § 704.9 Where to send reports. Reports must be submitted by certified mail to the Document Control Office (DCO) (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001, ATTN: 8(a) Reporting. [60 FR 34463, July 3, 1995, as amended at 71 FR 33641, June 12, 2006] § 704.11 Recordkeeping. Each person who is subject to the reporting requirements of this part must retain the following records for 3 years following the creation or compilation of the record. (a) A copy of each report submitted by the person in response to the requirements of this part. (b) Materials and documentation sufficient to verify or reconstruct the values submitted in the report. (c) A copy of each notice sent by the person, return receipt requested, to that person's customers for the purpose of notifying their customers of the customer's reporting obligations under this part. (d) All return receipts signed by the person's customers who received the notice described in paragraph (c) of this section. [53 FR 51717, Dec. 22, 1988, as amended at 58 FR 34204, June 23, 1993] § 704.13 Compliance and enforcement. Violators of the requirements of this part may be subject to civil administrative penalties up to $25,000 per day of violation or criminal prosecution, as provided in sections 15 and 16 of TSCA. In addition, under section 17, EPA may seek judicial relief to compel submission of required information. The civil monetary penalty amount listed in this section may not reflect recent inflation adjustments EPA is required to make. The current maximum and minimum statutory civil penalty amounts are located in § 19.4. [53 FR 51717, Dec. 22, 1989, as amended at 89 FR 88656, Nov. 8, 2024] Subpart B—Chemical-Specific Reporting and Recordkeeping Rules § 704.20 Chemical substances manufactured or processed at the nanoscale. (a) Definitions. An agglomerate An aggregate Central Data Exchange CDX CISS tool Discrete form of a reportable chemical substance (i) The change in the reportable chemical substance is due to all of the following: (A) There is a change in process to effect a change in size, a change in one or more of the properties of the reportable chemical substances identified in paragraph (i)(C) of this definition, or both; (B) There is a size variation in the mean particle size that is greater than 7 times the standard deviation of the mean particle size (± 7 times the standard deviation); and (C) There is a change in at least one of the following properties: Zeta potential, specific surface area, dispersion stability, or surface reactivity, that is greater than 7 times the standard deviation of the measured value (± 7 times the standard deviation). (ii) The reportable chemical substance has a different morphology. Examples of morphologies include but are not limited to sphere, rod, ellipsoid, cylinder, needle, wire, fiber, cage, hollow shell, tree, flower, ring, torus, cone, and sheet. (iii) A reportable chemical substance that is coated with another chemical substance or mixture at the end of manufacturing or processing has a coating that consists of a different chemical substance or mixture. Nanoscale Materials Stewardship Program Particle Primary particles chemical Reportable chemical substance Small manufacturer or processor small manufacturer Specific surface area 2 2 3 Surface reactivity Unique and novel properties Zeta potential (b) Persons who must report. (2) Persons who can reasonably ascertain that they propose to manufacture or process a discrete form of a reportable chemical substance after the final effective date of the rule which was not reported under paragraph (b)(1) of this section must report except as provided in paragraph (c) of this section. (c) When reporting is not required. (i) Chemical substances formed at the nanoscale as part of a film on a surface. (ii) DNA. (iii) RNA. (iv) Proteins. (v) Enzymes. (vi) Lipids. (vii) Carbohydrates. (viii) Peptides. (ix) Liposomes. (x) Antibodies. (xi) Viruses. (xii) Microorganisms. (xiii) Chemical substances which dissociate completely in water to form ions that are smaller than 1 nanometer. (xiv) Chemical substances that are not on the TSCA Chemical Substance Inventory at the time reporting would otherwise be required under this section. (2) Persons who submitted a notice under 40 CFR parts 720, 721, or 723 for a reportable chemical substance on or after January 1, 2005 are not required to submit a report for the reportable chemical substance submitted except where the person manufactures or processes a discrete form of the reportable chemical substance. (3) Section 704.5(a) through (e) apply to reporting under this section. Small manufacturers and processors as defined in paragraph (a) of this section are exempt from reporting under this section. (4) Persons who submitted some or all of the required information for a reportable chemical substance as part of the Nanoscale Materials Stewardship Program are not required to report the information previously submitted except where the person manufactures or processes a discrete form of the reportable chemical substance. (d) What information to report. (1) The common or trade name, the specific chemical identity including the correct Chemical Abstracts (CA) Index Name and available Chemical Abstracts Service (CAS) Registry Number, and the molecular structure of each chemical substance or mixture. Information must be reported as specified in § 720.45. (2) Material characteristics including particle size, morphology, and surface modifications. (3) Physical/chemical properties. (4) The maximum weight percentage of impurities and byproducts resulting from the manufacture, processing, use, or disposal of each chemical substance. (5)(i) Persons described in paragraph (b)(1) of this section must report the annual production volume for the previous three years before the effective date of the final rule and an estimate of the maximum production volume for any consecutive 12-month period during the next two years of production after the final effective date of this rule. (ii) Persons described in paragraph (b)(2) of this section must report the estimated maximum 12 month production volume and the estimated maximum production volume for any consecutive 12 month period during the first three years of production. (iii) Estimates for paragraphs (d)(5)(i) and (ii) of this section must be on 100% chemical basis of the discrete form of the solid nanoscale material. (6) Use information describing the category of each use by function and application, estimates of the amount manufactured or processed for each category of use, and estimates of the percentage in the formulation for each use. (7) Detailed information on methods of manufacturing or processing. (8) Exposure information with estimates of the number of individuals exposed in their places of employment, descriptions and duration of the occupational tasks that cause such exposure, descriptions and estimates of any general population or consumer exposures. (9) Release information with estimates of the amounts released, descriptions and duration of the activities that cause such releases, and whether releases are directly to the environment or to control technology. (10) Risk management practices describing protective equipment for individuals, engineering controls, control technologies used, any hazard warning statement, label, safety data sheet, customer training, or other information which is provided to any person who is reasonably likely to be exposed to this substance regarding protective equipment or practices for the safe handing, transport, use, or disposal of the substance. (11) Existing information concerning the environmental and health effects. (e) How to report. (1) Reporting form. (2) Electronic submission. (i) To access the CDX portal, go to https://cdx.epa.gov. (ii) The CISS tool is accessible in CDX. (f) When to report. (2) Persons specified in paragraph (b)(2) of this section must report the information specified in paragraph (d) of this section at least 135 days before commencing manufacture or processing of a discrete form of the reportable chemical substance, except where the person has not formed an intent to manufacture or process that discrete form at least 135 days before commencing such manufacture or processing, in which case the information must be filed within 30 days of the formation of such an intent. (g) Recordkeeping. (h) Confidential business information. (2) In submitting a claim of confidentiality, a person attests to the truth of the following four statements concerning all information which is claimed confidential: (i) My company has taken measures to protect the confidentiality of the information, (ii) I have determined that the information is not required to be disclosed or otherwise made available to the public under any other Federal law. (iii) I have a reasonable basis to conclude that disclosure of the information is likely to cause substantial harm to the competitive position of the person. (iv) I have a reasonable basis to believe that the information is not readily discoverable through reverse engineering. [82 FR 3653, Jan. 12, 2017] § 704.25 11-Aminoundecanoic acid. (a) Definitions 11-AA (2) Enclosed process (3) Internal subunit Internal subunits (4) Monomer (5) Polymer (6) Polymer molecule (7) Small processor (i) First standard. (ii) Second standard. (iii) Inflation index. small manufacturer Federal Register (8) Subunit (b) Persons who must report. (1) Persons who manufacture or propose to manufacture 11-AA: (i) For use as an intermediate in the manufacture of polymers in an enclosed process when it is expected that the 11-AA will be fully polymerized during the manufacturing process, or (ii) For use as a component in photoprocessing solutions. (2) Persons who import or propose to import 11-AA: (i) For use as an intermediate in the manufacture of polymers in an enclosed process when it is expected that the 11-AA will be fully polymerized during the manufacturing process, or (ii) For use as a component in photoprocessing solutions. (3) Persons who process or propose to process 11-AA: (i) For use as an intermediate in the manufacture of polymers in an enclosed process when it is expected that the 11-AA will be fully polymerized during the manufacturing process, or (ii) For use as a component in photoprocessing solutions. (c) Persons not subject to this section. (1) Small manufacturers (includes importers) as described in § 704.3. (2) Small processors. (3) Persons described in § 704.5. (4) Persons who, at any time during the 3-year period ending July 22, 1986, manufactured, imported, or processed 11-AA: (i) For use as an intermediate in the manufacture of polymers in an enclosed process when it is expected that the 11-AA will be fully polymerized during the manufacturing process, or (ii) For use as a component in photoprocessing solutions. (d) What information to report. (e) When to report. (2) Persons who initiated manufacturing, importing, or processing of 11-AA for use as an intermediate in the manufacture of polymers in an enclosed process when it is expected that the 11-AA will be fully polymerized during the manufacturing process, or for use as a component in photoprocessing solutions during the time period between July 22, 1986 and July 13, 1987 must notify EPA by August 10, 1987. (f) Recordkeeping. (g) Where to send reports. [52 FR 19864, May 28, 1987, as amended at 60 FR 16308, Mar. 29, 1995; 60 FR 34463, July 3, 1995; 71 FR 33641, June 12, 2006] § 704.33 P-tert-butylbenzoic acid (P-TBBA), p-tert-butyltoluene (P-TBT) and p-tert-butylbenzaldehyde (P-TBB). (a) Definitions P-TBBA (2) P-TBT (3) P-TBB (4) Small processor (i) First standard. (ii) Second standard. (iii) Inflation index. small manufacturer Federal Register (b) Persons who must report. (1) Persons who manufactured, imported, or processed P-TBBA, P-TBT, and/or P-TBB for commercial purposes during the person's latest complete corporate fiscal year prior to June 25, 1986. For purposes of this provision, processors of P-TBBA, P-TBT, and/or P-TBB shall include only those persons who processed the substances other than as non-isolated intermediates. (2) Persons who commence manufacture or importation of P-TBBA, P-TBT, and/or P-TBB for commercial purposes after June 25, 1986. This provision is applicable to persons who cease manufacture or importation of P-TBBA, P-TBT, and/or P-TBB after June 25, 1986 and then subsequently resume manufacture or importation of the substance(s). (3) Persons who process P-TBBA, P-TBT, and/or P-TBB for commercial purposes in any way other than as a non-isolated intermediate after June 25, 1986. (c) Persons not subject to this rule. (d) Information to report. (1) All manufacturers, importers, and processors specified in paragraph (b) of this section shall report their name and headquarters address. (2) All manufacturers, importers, and processors specified in paragraph (b) of this section shall report the name, address, and office telephone number (including area code) of their principal technical contact. (3) All manufacturers, importers, and processors specified in paragraph (b) of this section shall report the name and address of each site where P-TBBA, P-TBT, and/or P-TBB is manufactured, imported, or processed. (4) All manufacturers, importers, and processors specified in paragraph (b)(1) of this section only shall report the information described in this paragraph (d)(4). Respondents to this paragraph (d)(4) shall report separately for each substance that they manufacture, import, or process, and for each site at which they do so. However, if the information to be reported in response to this paragraph (d)(4) is the same for different sites, the respondent need not report separately for each site but need only notify EPA that the information is the same for each site. The information to be reported under this paragraph (d)(4) shall cover the respondent's latest complete corporate fiscal year prior to June 25, 1986. Respondents to this paragraph (d)(4) shall report the following information: (i) The total quantity (by weight) of P-TBBA, P-TBT, or P-TBB manufactured, imported, or processed for commercial purposes per site. (ii) A narrative description of the manufacturing, importing, or processing operation(s) involving P-TBBA, P-TBT, or P-TBB at each site. (iii) A narrative description of worker activities involving P-TBBA, P-TBT, or P-TBB at each site, including the number of workers potentially exposed to each substance and, if applicable, the number of workers potentially exposed to more than one substance. (iv) The potential routes of worker exposure to P-TBBA, P-TBT, or P-TBB at each site (e.g., inhalation, ingestion, dermal absorption). (v) Available monitoring data from employee breathing zones with potential exposure to P-TBBA, P-TBT, or P-TBB at each site, including a description of the method of monitoring, the number of samples taken, and the potential number of workers similarly exposed for each worker job category. Respondents to this paragraph (d)(4)(v) shall submit data showing a range of 8-hour time weighted averages (TWAs), provided that the data are available in that form. Respondents also shall submit a calculated geometric mean of these data, with an explanation of the method by which the mean was derived. However, if the monitoring data are not available in the form of 8-hour TWAs, respondents shall submit raw sample data results and the duration time of sampling for each job category. (vi) A narrative description of any personal protective equipment and/or engineering controls used to prevent exposure to P-TBBA, P-TBT, or P-TBB at each site. (vii) A listing of the estimated quantities of P-TBBA, P-TBT, or P-TBB released directly into air, water, or land from each site. (viii) A narrative description of the times during the manufacturing, importing, or processing operations involving P-TBBA, P-TBT, or P-TBB when environmental release occurs at each site. (ix) A narrative description of any engineering controls used to prevent environmental release of P-TBBA, P-TBT, or P-TBB at each site. (x) A narrative description of all known end uses of any P-TBBA, P-TBT, or P-TBB that is manufactured, imported, or processed by the respondent. The narrative need not include customer identity. (xi) A narrative description of the methods used at each site for disposing of wastes generated during the manufacture, importation, or processing of P-TBBA, P-TBT, or P-TBB, including the quantity and content of such wastes (per site), the method of disposal, and an identification of the disposal site(s). (5) All manufactureres, importers, and processors specified in paragraph (b) of this section shall report the information described in this paragraph (d)(5). Respondents to this paragraph (d)(5) shall report separately for each substance that they intend to manufacture, import, or process during the first 2 years following the date on which they become subject to this rule. The data reported under this paragraph (d)(5) shall cover that 2-year period. Respondents to this paragraph (d)(5) shall report separately for each site at which they intend to manufacture, import, or process each substance. Respondents need not comply with this paragraph (d)(5) if the information to be reported is identical to that reported by the respondent under paragraph (d)(4) of this section, provided that the respondent makes note of that fact to EPA. Respondents to this paragraph (d)(5) shall report the following information: (i) An estimate of the total quantity (by weight) of P-TBBA, P-TBT, or P-TBB that the respondent intends to manufacture, import, or process for commercial purposes per site during each of the first 2 years following the date on which the respondent becomes subject to this rule. (ii) A narrative description of the intended manufacturing, importing, or processing activities involving P-TBBA, P-TBT, or P-TBB at each site during the first 2 years following the date on which the respondent becomes subject to this rule. The description shall include a summary of the intended manufacturing, importing, or processing operation(s); a summary of intended worker activities involving the substances, including an estimate of the number of persons anticipated to be exposed annually to P-TBBA, P-TBT, or P-TBB (per site) during the 2-year period, the anticipated routes of worker exposure to the substances (e.g., inhalation, ingestion, dermal absorption); and a summary of any personal protective equipment and/or engineering controls that the respondent intends to use to prevent exposure to the substances. (iii) A narrative description of anticipated environmental releases of P-TBBA, P-TBT, or P-TBB at each site from the manufacture, importation, or processing of these substances during the first 2 years following the date on which the respondent becomes subject to this rule. The narrative shall include the anticipated quantities of each substance released directly into air, water, or land, the anticipated routes of environmental release, and any intended engineering controls to be used to prevent environmental release of the substances. (iv) A narrative description of all anticipated end uses or P-TBBA, P-TBT, or P-TBB resulting from the respondent's manufacture, importation, or processing of the substances during the first 2 years following the date on which the respondent becomes subject to this rule. The summary need not include customer identity. (v) A narrative summary of the anticipated disposal of wastes generated from the manufacture, importation, or processing of P-TBBA, P-TBT, or P-TBB during the first 2 years following the date on which the respondent becomes subject to this rule. The summary shall include the anticipated quantity and content of such wastes (per site), the intended method of disposal, and an identification of intended disposal site(s). (e) When to report. (f) Certification. (g) Recordkeeping. [51 FR 17339, May 12, 1986; 51 FR 18323, May 19, 1986, as amended at 52 FR 20083, May 29, 1987; 58 FR 34204, June 23, 1993] § 704.43 Chlorinated naphthalenes. (a) Definitions Extent of chlorination (2) Import (3) Isomeric ratio (4) Polychlorinated biphenyl (5) Small manufacturer (i) A manufacturer of a chemical substance is small if its total annual sales, when combined with those of its parent company (if any), are less than $40 million. However, if the annual production volume of a particular chemical substance at any individual site owned or controlled by the manufacturer is greater than 45,400 kilograms (100,000 pounds), the manufacturer shall not qualify as small for purposes of reporting on the production of that chemical substance at that site, unless the manufacturer qualifies as small under paragraph (a)(5)(ii) of this section. (ii) A manufacturer of a chemical substance is small if its total annual sales, when combined with those of its parent company (if any), are less than $4 million, regardless of the quantity of the particular chemical substance produced by that manufacturer. (iii) For imported mixtures containing a chemical substance identified in paragraph (b) of this section, the 45,400 kilograms (100,000 pounds) standard in paragraph (a)(5)(i) of this section applies only to the amount of the chemical substance in a mixture and not the other components of the mixture. (6) Waste (b) Substances for which reports must be submitted. CAS registry number Chemical substance 90-13-1 Naphthalene, 1-chloro- 91-58-7 Naphthalene, 2-chloro- 1321-64-8 Naphthalene, pentachloro- 1321-65-9 Naphthalene, trichloro- 1335-87-1 Naphthalene, hexachloro- 1335-88-2 Naphthalene, tetrachloro- 1825-30-5 Naphthalene, 1,5-dichloro- 1825-31-6 Naphthalene, 1,4-dichloro- 2050-69-3 Naphthalene, 1,2-dichloro- 2050-72-8 Naphthalene, 1,6-dichloro- 2050-73-9 Naphthalene, 1,7-dichloro- 2050-74-0 Naphthalene, 1,8-dichloro- 2050-75-1 Naphthalene, 2,3-dichloro- 2065-70-5 Naphthalene, 2,6-dichloro- 2198-75-6 Naphthalene, 1,3-dichloro- 2198-77-8 Naphthalene, 2,7-dichloro- 2234-13-1 Naphthalene, octachloro- 25586-43-0 Naphthalene, chloro- 32241-08-0 Naphthalene, heptachloro- 70776-03-3 Naphthalene, chloro derivatives. (c) Persons who must report. (2) Persons who propose to import a chemical substance identified in paragraph (b) of this section on or after October 8, 1984. (3) Persons who manufacture a chemical substance identified in paragraph (b) of this section after October 8, 1984. (4) A person is required to report only once for each chemical substance identified in paragraph (b) of this section. (d) Persons exempt from reporting. (2) Persons described in § 704.5. (e) What information to report. (1) Company name and address. (2) Name, address, and telephone number of the principal technical contact. (3) For chemical substances proposed to be imported, the proposed date of import. (4) A description of the use(s) or intended use(s) for the chemical substance. (5) A description of the isomeric ratio and extent of chlorination of the chemical substance and the impurity level of polychlorinated biphenyls. (6) The quantity (by weight) manufactured or imported within 12 months prior to October 8, 1984, if any, and the estimated quantity (by weight) to be manufactured or imported for the first 3 years following the date of the report or the date of the intended start of import whichever occurs later. (7) The number of persons exposed to the chemical substance during manufacture, import, processing, distribution in commerce, use, and disposal. (8) If a manufacturer's waste contains one or more of the chemical substances identified in paragraph (b) of this section, the manufacturer must: (i) Provide the quantity (by weight) of the chemical substances identified in paragraph (b) of this section present in the waste. (ii) Identify the constituents of the waste and their concentrations, (iii) State the rate of waste generation as a percentage of production volume, (iv) Describe where in the manufacturing process the waste is generated, and (v) Describe the method for disposal of the waste. (f) When to report. (2) Persons who propose to import a chemical substance identified in paragraph (b) of this section on or after October 8, 1984 must notify EPA by November 6, 1984, or 15 days after making the management decision described in § 704.3, whichever is later in time. (3) Persons who manufacture a chemical substance identified in paragraph (b) of this section after October 8, 1984 must notify EPA within 30 days after the initial date of manufacture. [49 FR 33653, Aug. 24, 1984; 49 FR 45133, Nov. 15, 1984; 50 FR 1215, Jan. 10, 1985; 51 FR 19839, June 3, 1986; 52 FR 20083, May 29, 1987. Redesignated at 53 FR 51717, Dec. 22, 1988] § 704.45 Chlorinated terphenyl. (a) Definitions Chlorinated terphenyl (2) Extent of chlorination (3) Isomeric ratio (4) Polychlorinated biphenyl (5) Small manufacturer (i) First standard. (ii) Second standard. (b) Persons who must report. (1) Persons who manufacture or propose to manufacture chlorinated terphenyl. (2) Persons who import (importers) or propose to import chlorinated terphenyl as a chemical substance in bulk or as part of a mixture. (c) What information to report. (1) Company name and address. (2) Name, address, and telephone number of principal technical contact. (3) A description of the use(s) or intended use(s) for chlorinated terphenyl. (4) A description of the isomeric ratio and extent of chlorination of the chlorinated terphenyl and the impurity level of polychlorinated biphenyls. (5) The quantity (by weight) manufactured or imported within 12 months prior to the effective date of the rule, if any, and the estimated quantity (by weight) to be manufactured or imported for the first three years following the date of the report or the date of the intended start of production, whichever occurs later. (6) The proposed date for the initiation of manufacturing or importation of chlorinated terphenyl, if appropriate. (d) When to report. [49 FR 11184, Mar. 26, 1984, as amended at 49 FR 32068, Aug. 10, 1984; 50 FR 2048, Jan. 15, 1985; 52 FR 20083, May 29, 1987. Redesignated at 53 FR 51717, Dec. 22, 1988; 58 FR 34204, June 23, 1993] § 704.95 Phosphonic acid, [1,2-ethanediyl-bis[nitrilobis-(methylene)]]tetrakis- (EDTMPA) and its salts. (a) Substances for which reporting is required. CAS No. Chemical name 1429-50-1 Phosphonic acid, [1,2-ethanediyl-bis[nitrilobis (methylene)]] tetrakis- (EDTMPA) 15142-96-8 Phosphonic acid, [1,2-ethanediyl-bis[nitrilobis(methylene)]] tetrakis-, hexasodium salt 34274-30-1 Phosphonic acid, [1,2-ethanediyl-bis[nitrilobis(methylene)]] tetrakis-, potassium salt 57011-27-5 Phosphonic acid, [1,2-ethanediyl-bis[nitrilobis (methylene)]] tetrakis-, ammonium salt 67924-23-6 Cobaltate (6-), [[[1,2-ethanediylbis [nitrilobis (methylene)]] tetrakis-[phosphonato]] (8-)]-, pentapotassium hydrogen, (OC-6-21)- 67969-67-9 Cobaltate (6-), [[[1,2-ethanediylbis [nitrilobis (methylene)]] tetrakis- [phosphonato]] (8-)-N,N′,O,O″,O″″,O″″″]-, pentasodium hydrogen, (OC-6-21)- 67989-89-3 Cuprate (6-), [[[1,2-ethanediylbis [nitrilobis (methylene)]] tetrakis- [phosphonato]] (8-)]-, pentapotassium hydrogen, (OC-6-21)- 68025-39-8 Cobaltate (6-), [[[1,2-ethanediylbis [nitrilobis (methylene)]] tetrakis- [phosphonato]] (6-)-N,N′,O,O″,O″″,O″″″]-, pentaammonium hydrogen, (OC-6-21)- 68188-96-5 Phosphonic acid, [1,2-ethanediylbis [nitrilobis (methylene)]] tetrakis-, tetrapotassium salt 68309-98-8 Cadmate (6-), [[[1,2-ethanediylbis [nitrilobis (methylene)]] tetrakis- [phosphonato]] (8-)]-, pentapotassium hydrogen, (OC-6-21)- 68901-17-7 Phosphonic acid, [1,2-ethanediylbis [nitrilobis (methylene)]] tetrakis-, octaammonium salt 68958-86-1 Nickelate (6-), [[[1,2-ethanediylbis [nitrilobis (methylene)]] tetrakis- [phosphonato]] (8-)]-, pentaammonium hydrogen, (OC-6-21)- 68958-87-2 Nickelate (6-), [[[1,2-ethanediylbis [nitrilobis (methylene)]] tetrakis- [phosphonato]] (8-)]-, pentapotassium hydrogen, (OC-6-21)- 68958-88-3 Nickelate (6-), [[[1,2-ethanediylbis [nitrilobis (methylene)]] tetrakis [phosphonato]] (8-)]-, pentasodium hydrogen, (OC-6-21)- (b) Persons who must report. (1) Persons who manufacture or import any of the substances identified in paragraph (a) of this section. (2) Persons who propose to manufacture or propose to import any of the substances identified in paragraph (a) of this section. For the purposes of importer reporting under this section, an import site is the operating unit within the person's organization which is directly responsible for importing the substance and which controls the import transaction; the import site may in some cases be the organization's headquarters office in the United States. (c) What information to report. (1) Initial Report: (i) Name and Chemical Abstracts Service Registry Number of the substance for which the report is submitted. (ii) Company name and headquarters address. (iii) Name, address, and telephone number of the principal technical contact. (iv) The total quantity (by weight in pounds) of the substance manufactured or imported for the person's most recently completed corporate fiscal year. (v) A description of the commercial uses of the substance during the person's most recently completed corporate fiscal year, including the production volume for each use. (vi) The estimated quantity (by weight in pounds) of the substance proposed to be manufactured or imported in the person's current corporate fiscal year. (vii) A description of the intended commercial uses of the substance during the person's current corporate fiscal year, including the estimated production volume for each use. (2) Follow-up Report: (i) Name and Chemical Abstracts Service Registry Number of the substance for which the report is submitted. (ii) Company name and headquarters address. (iii) Name, address, and telephone number of the principal technical contact. (iv) The estimated quantity (by weight in pounds) of the substance proposed to be manufactured or imported in the person's current corporate fiscal year. (v) A description of the intended commercial uses of the substance during the person's current corporate fiscal year, including the estimated production volume for each use. (d) When to report. (2) Persons specified in paragraph (b)(2) of this section must submit an initial report within 30 days after making the management decision described in § 704.3 or by January 3, 1989, whichever is later. (3) Persons specified in paragraph (b) of this section, who submitted a report described in paragraph (c)(1) of this section, must submit a follow-up report described in paragraph (c)(2) of this section within 30 days of making the management decision, described at § 704.3, to do either of the following events: (i) Manufacture or import the substance in a quantity 50 percent greater than the quantity reported in the most recently submitted report. (ii) Manufacture or import the substance for a use not reported for that substance in any previous report. (e) Certification. (f) Recordkeeping. [53 FR 41337, Oct. 21, 1988, as amended at 58 FR 34204, June 23, 1993] § 704.102 Hexachloronorbornadiene. (a) Definitions Endrin alpha, beta, beta, alpha, alpha, abeta, beta, alpha (2) HEX-BCH (3) Isodrin alpha, alpha, beta, beta, beta, beta (4) Small business (i) A business is small if its total annual sales, when combined with those of its parent (if any), are less than $40 million. However, if the annual manufacture, importation, or processing volume of a particular chemical substance at any individual site owned or controlled by the business is greater than 45,400 kilograms (100,000 pounds), the business shall not qualify as small for purposes of reporting on the manufacture, importation, or processing of that chemical substance at that site, unless the business qualifies as small under paragraph (a)(4)(ii) of this section. (ii) A business is small if its total annual sales, when combined with those of its parent company (if any), are less than $4 million, regardless of the quantity of the particular chemical substance manufactured, imported, or processed by that business. (iii) For imported and processed mixtures containing HEX-BCH, the 45,400 kilograms (100,000 pounds) standard in paragraph (a)(4)(i) of this section applies only to the amount of HEX-BCH in a mixture and not the other components of the mixture. (5) 8-hour time weighted average Where: E is the equivalent exposure for the working shift. C i i T i i (6) Year (b) Persons who must report. (i) Persons who are manufacturing, importing, or processing HEX-BCH for use as an intermediate in the production or isodrin or endrin on or after January 2, 1986; and (ii) Persons who propose to manufacture, import, or process HEX-BCH for use as an intermediate in the production of isodrin or endrin, on or after January 2, 1986. (2) Persons described in paragraph (b)(1) of this section who engage or propose to engage in more than one activity (i.e., manufacture and processing) must report the information required in paragraph (d) separately for each activity. (c) Persons exempt from reporting. (2) Persons described in § 704.5(a) and (c). (d) Information to report. (i) Company name and address. (ii) Name, address, and telephone number of the principal contact. (iii) Name and address of plant sites where HEX-BCH is or is proposed to be manufactured, imported, or processed, noting for each plant site which activity takes or would take place at each site. (iv) If applicable, the intended date for initiating the manufacture, import, or processing of HEX-BCH. (v) If applicable, the actual quantity (by weight) of HEX-BCH manufactured, imported, or processed during the most recently concluded year. (vi) The estimated quantity (by weight) of HEX-BCH to be manufactured, imported, or processed each year during the first 3 years following the date of the report or the date of the intended start of manufacture, import, or processing, whichever occurs later. (vii) For each year described in paragraphs (d)(1) (v) and (vi) of this section: the number or expected number of employees exposed to HEX-BCH during the manufacture, import, processing, distribution in commerce, use, and disposal; the routes of exposure; and the 8-hour time weighted average of exposure. (viii) If employees are exposed or expected to be exposed to HEX-BCH, state for each reported route of exposure, whether personal protective equipment is used or expected to be used, and a description of the personal protective equipment. (ix) The actual or anticipated quantity, content, method of disposal, and disposal site of any wastes generated or expected to be generated during the manufacture, importation, or processing of HEX-BCH. (2) Subsequent reports must provide, to the extent known to or reasonably ascertainable by the person reporting, the information in paragraph (d)(1) of this section and a statement explaining why the subsequent report is required. (e) When to report. (2) Persons who propose to manufacture, import, or process HEX-BCH on or after January 2, 1986, must submit an initial report to EPA by February 3, 1986, or 30 days after making the management decision described in § 704.3 “Propose to manufacture, import, or process,” whichever is later in time. (3) Persons described in paragraph (b) of this section, who have submitted a report described in paragraph (d) of this section, must submit a subsequent report within 30 days of any of the following events. Based on the most recently submitted report: (i) The manufacture, importation, or processing of HEX-BCH begins at a plant site different than that reported pursuant to paragraph (d)(1)(iii) of this section. (ii) The actual quantity (by weight) of HEX-BCH manufactured, imported, or processed in a given year is greater than or equal to 200 percent of the estimated value for that year reported pursuant to paragraph (d)(1)(vi) of this section. (iii) The total number of employees exposed to HEX-BCH is greater than 130 percent of the projected value reported pursuant to paragraph (d)(1)(vii) of this section. (iv) The route of exposures to HEX-BCH differs from that reported pursuant to paragraph (d)(1)(vii) of this section. (v) The actual 8-hour time weighted average exposure for any activity exceeds the projection reported pursuant to paragraph (d)(1)(vii) of this section by more than 100 percent. (vi) The method of disposal or disposal site reported pursuant to paragraph (d)(1)(ix) of this section has changed. (vii) Three years have passed since the most recent submission of a report and the person is still engaged in the manufacture, importation, or processing of HEX-BCH. (f) Certification of review. (g) Recordkeeping. (1) Retain documentation of information contained in their reports. This documentation must be maintained for a period of 3 years from the date of the submission of the report; and (2) Retain the certification required by paragraph (f) of this section for 3 years from the date of its creation. [50 FR 47536, Nov. 19, 1985, as amended at 52 FR 20083, May 29, 1987. Redesignated at 53 FR 51717, Dec. 22, 1988; 58 FR 34204, June 23, 1993] § 704.104 Hexafluoropropylene oxide. (a) Definitions. (2) “Enclosed process” means a process that is designed and operated so that there is no intentional release of any substance present in the process. A process with fugitive, inadvertent, or emergency pressure relief releases remains an enclosed process so long as measures are taken to prevent worker exposure to and environmental contamination from the releases. (3) “Small processor” means a processor that meets either the standard in paragraph (a)(3)(i) of this section or the standard in paragraph (a)(3)(ii) of this section. (i) First standard. (ii) Second standard. (iii) Inflation index. Federal Register (b) Persons who must report. (1) Persons who manufacture or propose to manufacture HFPO for use as an intermediate in the manufacture of fluorinated substances in an enclosed process. (2) Persons who import or propose to import HFPO for use as an intermediate in the manufacture of fluorinated substances in an enclosed process. (3) Persons who process or propose to process HFPO as an intermediate in the manufacture of fluorinated substances in an enclosed process. (c) Persons not subject to this rule. (1) Small processors. (2) Persons described in § 704.5(a) through (f). (3) Persons who have already submitted to EPA a completed copy of the Preliminary Assessment Information Manufacturer's Report (EPA Form 7710-35, as described at § 712.28 of this chapter) for HFPO are not required to report under this section with respect to activities previously reported on. (d) What information to report. (e) When to report. (2) Persons who propose to manufacture, import, or process HFPO for use as an intermediate in the manufacture of fluorinated substances in an enclosed process after December 10, 1987, must report within 30 days after making a firm management decision to commit financial resources for the manufacturing, importing, or processing of HFPO. (f) Recordkeeping. (g) Where to send reports. [52 FR 41299, Oct. 27, 1987, as amended at 58 FR 34204, June 23, 1993; 60 FR 16308, Mar. 29, 1995; 60 FR 31920, June 19, 1995; 60 FR 34463, July 3, 1995; 71 FR 33641, June 12, 2006; 85 FR 31995, May 28, 2020] § 704.175 4,4′-methylenebis(2-chloroaniline) (MBOCA). (a) Substance subject to reporting. (b) Persons who must report. (1) Persons who propose to manufacture MBOCA in the United States on or after June 2, 1986. (2) Persons who are manufacturing MBOCA in the United States as of June 2, 1986. (3) Persons manufacturing MBOCA in the United States on or after June 2, 1986 who propose to change their manner or method of manufacturing the substance from a manner or method of manufacturing that previously was reported under this section. (c) Persons not subject to this rule. (1) Persons who import MBOCA into the customs territory of the United States and do not otherwise manufacture the substance in the United States. (2) Persons who complied with the requirements of this section prior to June 2, 1986 and received written notification of compliance from EPA. (d) What information to report. (e) When to report. (2) Persons specified in paragraph (b)(2) of this section must report by July 2, 1986. (3) Persons specified in paragraph (b)(3) of this section must report within 30 days of making a firm management decision to commit financial resources to change their manner or method of manufacturing the substance from a manner or method of manufacturing that previously was reported under this section. [51 FR 13223, Apr. 18, 1986, as amended at 52 FR 20083, May 29, 1987; 58 FR 34204, June 23, 1993] § 704.180 Asbestos. (a) Definitions. Asbestos Table 1 to Paragraph ( a CASRN Asbestos type 1332-21-4 Asbestos. 12001-29-5 Chrysotile. 12001-28-4 Crocidolite. 12172-73-5 Amosite. 77536-67-5 Anthophyllite. 77536-68-6 Tremolite. 77536-66-4 Actinolite. NA Libby amphibole asbestos (mainly consisting of tremolite [CASRN 77536-68-6], winchite [CASRN 12425-92-2], and richterite [CASRN 17068-76-7]). Bulk asbestos Bulk materials containing asbestos Chemical Information Submission System CISS Form A Form B Primary processor Secondary processor Small processor (b) Substance for which reports must be submitted. (c) Persons who must report. i.e., (d) Persons exempt from reporting. (1) Non-isolated intermediate. (2) Research and development. (3) Small manufacturers (including importers) and processors. (4) Byproducts. (e) Reporting information to EPA. (1) Required forms. (i) Form A. (ii) Form B. (2) A certification statement signed and dated by an authorized official of the submitter company. (3) Company and plant site information. (i) Company name. (ii) Authorized official. (iii) Point of contact. (iv) Site information. (A) The appropriate D&B number for the plant site. If none exists, you must obtain a D&B number for the reported site. (B) Other site identification numbers, including the Facility Registry Service (FRS) identification number, if they exist. (v) Applicable NAICS code. (vi) Number of employees. i.e., Table 2 to Paragraph ( e Code Range W1 Fewer than 10 employees. W2 At least 10 but fewer than 25 employees. W3 At least 25 but fewer than 50 employees. W4 At least 50 but fewer than 100 employees. W5 At least 100 but fewer than 500 employees. W6 At least 500 but fewer than 1,000 employees. W7 At least 1,000 but fewer than 10,000 employees. W8 At least 10,000 employees. (4) Activity information. (i) Type of activity at reporting site. (A) Mining of bulk asbestos or bulk materials containing asbestos, including as an impurity. (B) Milling of bulk asbestos or bulk materials containing asbestos, including as an impurity. (C) Importing of bulk asbestos or bulk materials containing asbestos, including as an impurity. ( 1 For importing only. ( 2 (D) Primary processing of bulk asbestos or bulk materials containing asbestos, including as an impurity. (E) Secondary processing of asbestos, including as a component of a mixture, or an article containing asbestos. (F) Importing of asbestos, including as a component of a mixture, or an article containing asbestos. (ii) For importing only. (iii) Form B only. (A) The most specific asbestos type that applies. (B) Report. ( 1 ( 2 Table 3 to Paragraph ( e Code Disposition description 1 Used on-site, including further processed. 2 Stored on-site. 3 Sent to another U.S. site (including intra-company transfer) for use or processing. 4 Stored at another U.S. site (including intra-company transfer). 5 Exported outside of the U.S. without further processing. 6 Disposed of within the U.S. (explain). 7 Other (explain). (iv) Reporting information for mining, milling, or importing of bulk materials containing asbestos, including as an impurity. (A) Bulk material type manufactured or processed. (B) For Form B only, for each bulk material type: ( 1 ( 2 ( 3 ( 4 ( i ( ii (C) For each bulk material type, the disposition of bulk material (see Table 3 of this paragraph (e)). (D) For importing only, if the imported bulk material was never physically present at the reporting site. (v) Reporting information for primary processors. (A) For Form B only, the total quantity of asbestos processed. (B) End product type, selecting from products listed in Table 4 of this paragraph (e). If your end product is not listed, report “other” and provide a brief description. For each end product type, report: ( 1 ( 2 ( 3 ( 4 ( 5 ( i ( ii Table 4 to Paragraph ( e Code Name End product unit of measure Papers, Felts, and Related Products 01 Commercial paper Short Tons. 02 Rollerboard Short Tons. 03 Millboard Short Tons. 04 Pipeline wrap Short Tons. 05 Beater-add gasketing paper Short Tons. 06 High-grade electrical paper Short Tons. 07 Unsaturated roofing felt Short Tons. 08 Saturated roofing felt Short Tons. 09 Flooring felt Short Tons. 10 Corrugated paper Short Tons. 11 Specialty paper (specify generic name) Short Tons. 12 Other (specify generic name) (Specify). Floor Coverings 13 Vinyl asbestos floor tile Square yards. 14 Asbestos felt backed vinyl flooring Square yards. 15 Other (specify generic name) (Specify). Asbestos Cement Products 16 A/C pipe and fittings Short Tons. 17 A/C sheet, flat 100 sq. ft. 18 A/C sheet corrugated 100 sq. ft. 19 A/C shingle Squares. 20 Other (specify generic name) (Specify). Transportation Friction Materials (including aircrafts, marine vessels, railroad engine and railcars, and other vehicles) 21 Drum brake lining (light-medium vehicle) Pieces. 22 Disc brake pads (light-medium vehicle) Pieces. 23 Disc brake pads (heavy vehicle) Pieces. 24 Brake block (heavy equipment) Pieces. 25 Clutch facings (all) Pieces. 26 Automatic transmission friction components Pieces. 27 Friction materials (industrial and commercial) Pieces. 28 Custom automotive body filler Pieces. 29 Transmissions Pieces. 30 Mufflers Pieces. 31 Radiator top insulation Pieces. 32 Radiator sealant Pieces. 33 Other (specify generic name) (Specify). Appliances 34 Appliance Industrial and consumer (specify generic name) Pieces. 35 Other (specify generic name) (Specify). Construction Products 36 Boiler and furnace baffles Pieces. 37 Decorated building panels Pieces. 38 Asbestos cement sheet Pieces. 39 Flexible Air Conductor Pieces. 40 Hoods and Vents Pieces. 41 Portable construction building Pieces. 42 Roofing, saturated Pieces. 43 Roof shingles Pieces. 44 Wallboard Pieces. 45 Wall/roofing panels Pieces. 46 Other (specify generic name) (Specify). Electrical Products and Components 47 Cable insulation Pieces. 48 Electronic motor components Pieces. 49 Electrical resistance supports Pieces. 50 Electrical switchboard Pieces. 51 Electrical switch supports Pieces. 52 Electrical wire insulation Pieces. 53 Motor armature Pieces. 54 Other (specify generic name) (Specify). Fire and Heat Shielding Equipment and Components 55 Arc deflectors Pieces. 56 Fire doors Pieces. 57 Fireproof absorbent paper Short Tons. 58 Heat shields Pieces. 59 Molten metal handling equipment Pieces. 60 Oven and stove insulation Short Tons. 61 Pipe wrap Pieces. 62 Stove lining, wood and coal Pieces. 63 Stove pipe rings Pieces. 64 Sleeves Pieces. 65 Thermal Insulation Short Tons. 66 Other (specify generic name) (Specify). Textiles and Clothing 67 Cloth Pounds. 68 Thread, yarn, lap, roving, cord, rope, or wick Pounds. 69 Aprons Pieces. 70 Boots Pieces. 71 Gloves and mittens Pieces. 72 Hats and helmets Pieces. 73 Overgaiters Pieces. 74 Suits Pieces. 75 Aluminized cloth Short Tons. 76 Rope or braiding Short Tons. 77 Yarn, lap or roving Short Tons. 78 Wicks Short Tons. 79 Bags Pieces. 80 Belting Short Tons. 81 Blankets Pieces. 82 Carpet padding Short Tons. 83 Commercial/industrial dryer felts Short Tons. 84 Draperies Pieces. 85 Drip cloths Pieces. 86 Fire hoses Pieces. 87 Ironing board pads and insulation Pieces. 88 Mantles, lamp or catalytic heater Pieces. 89 Packing and packaging components Pieces. 90 Piano and organ felts Pieces. 91 Rugs Pieces. 92 Tape Pieces. 93 Theater curtains Pieces. 94 Umbrellas Pieces. 95 Other (specify generic name) (Specify). Gaskets 96 Sheet gasketing, rubber encapsulated beater addition Pieces. 97 Sheet gasketing, rubber encapsulated compressed Pieces. 98 Compressed sheet gasketing (other) Pieces. 99 Metal reinforced gaskets Pieces. 100 Automotive gaskets Pieces. 101 Other (specify generic name) (Specify). Marine Equipment and Supplies 102 Caulks, marine Pounds. 103 Liners, pond or canal Pieces. 104 Marine bulkheads Pieces. 105 Other (specify generic name) (Specify). Paints, Coatings, Sealants and Compounds 106 Asphaltic compounds Pounds. 107 Automotive/truck body coatings Gallons. 108 Buffing and polishing compounds Pounds. 109 Caulking and patching compounds Pounds. 110 Drilling fluid Gallons. 111 Flashing compounds Pounds. 112 Furnace cement Pounds. 113 Glazing compounds Pounds. 114 Plaster and stucco Pounds. 115 Pump valve, flange and tank sealing components Pieces. 116 Roof coatings Gallons. 117 Textured paints Gallons. 118 Tile cement Pounds. 119 Other (specify generic name) (Specify). Other Products 120 Sheet gasketing (other than beater-add) Square yards. 122 Packing Pounds. 123 Paints and surface coatings Gallons. 124 Adhesives and sealants Gallons. 125 Asbestos-reinforced plastics Pounds. 126 Insulation materials not elsewhere classified (specify generic name) (Specify). 127 Mixed or repackaged asbestos Short Tons. 128 Aerial distress flares Pieces. 129 Acoustical product Pieces. 130 Ammunition wadding Pieces. 131 Ash trays Pieces. 132 Baking sheets Pieces. 133 Blackboards Pieces. 134 Candlesticks Pieces. 135 Chemical tanks and vessels Pieces. 136 Filters Pieces. 137 Grommets Pieces. 138 Gun grips Pieces. 139 Jewelry making equipment Pieces. 140 Kilns Pieces. 141 Lamp sockets Pieces. 142 Light bulbs (all types) Pieces. 143 Linings for vaults, safes, humidifiers and filing cabinets Pieces. 144 Phonograph records Pieces. 145 Pottery clay Pounds. 146 Welding rod coatings Pieces. 147 Other (specify generic name) (Specify). (vi) Reporting information for secondary processors. (A) For Form B only, the estimated total quantity of asbestos processed. (B) End product type listed in Table 4 of this paragraph (e). For each product type, report: ( 1 ( 2 ( 3 ( i ( ii ( 4 (vii) Reporting information for importers. (A) For Form B only, the estimated total quantity of asbestos imported. (B) Imported product type (Table 4 of this paragraph (e)). For each imported product type, report: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( i ( ii ( 7 (5) Employee information. (i) Number of employees involved with activity. Select from among the ranges of employees listed in Table 2 of this paragraph (e) and report the corresponding code ( i.e., (ii) Is personal protective equipment used? If yes, identify the type(s) of personal protective equipment used. (iii) For Form B only, submit any workplace exposure measurement assessments and data ( e.g., (f) When to report. (g) Recordkeeping requirements. (h) Confidentiality claims Assertion of confidentiality claims Generally. (ii) Exceptions. (A) Site NAICS code required by § 704.180(e)(3)(v); (B) For chemical identities and bulk material forms required by §§ 704.180(e)(4)(iii)(A), (iv)(A), (iv)(B)( 3 1 1 2 (C) Any data element that is left blank or designated as “not known or reasonably ascertainable;” or (D) Health and safety data required by § 704.180(e)(5)(iii), except that the following information may be claimed as confidential: ( 1 ( 2 ( 3 (iii) Certification statement for claims. “I certify that all claims for confidentiality asserted with this submission are true and correct, and all information submitted herein to substantiate such claims is true and correct. Any knowing and willful misrepresentation is subject to criminal penalty pursuant to 18 U.S.C. 1001. I further certify that: I have taken reasonable measures to protect the confidentiality of the information; I have determined that the information is not required to be disclosed or otherwise made available to the public under any other Federal law; I have a reasonable basis to conclude that disclosure of the information is likely to cause substantial harm to the competitive position of my company; and I have a reasonable basis to believe that the information is not readily discoverable through reverse engineering.” (2) Substantiation Requirement to substantiate. (ii) Information in substantiations may be claimed as confidential. (iii) Substantiation questions for all claims. (A) Please specifically explain what harm to the competitive position of your business would be likely to result from the release of the information claimed as confidential. How would that harm be substantial? likely i.e., possible e.g., (B) Has your business taken precautions to protect the confidentiality of the disclosed information? If yes, please explain and identify the specific measures, including but not limited to internal controls, that your business has taken to protect the information claimed as confidential. If the same or similar information was previously reported to EPA as non-confidential (such as in an earlier version of this submission), please explain the circumstances of that prior submission and reasons for believing the information is nonetheless still confidential. (C)( 1 ( 2 ( 3 (D) Is the claim of confidentiality intended to last less than 10 (ten) years (see TSCA section 14(e)(1)(B))? If yes, please indicate the number of years (between 1 (one) and 10 (ten) years) or the specific date after which the claim is withdrawn. (E) Has EPA, another federal agency, or court made any confidentiality determination regarding information associated with this chemical substance? If yes, please provide the circumstances associated with the prior determination, whether the information was found to be entitled to confidential treatment, the entity that made the decision, and the date of the determination. (iv) Exemptions from the substantiation requirement. 1 1 2 2 3 (v) No claim of confidentiality. (vi) Public copies. (A) Where the electronic reporting tool contains a checkbox or other means of designating with specificity what information is claimed as confidential, no further action by the submitter is required to satisfy this requirement. (B) For all other information claimed as confidential, including but not limited to information in attachments and in substantiations required under paragraph (h) of this section, the submitter must prepare and attach a public copy. Submissions with public or sanitized copies that are entirely blank or that are substantially reduced in length as compared to the CBI version will not meet the requirements of this paragraph (h)(2)(vi) of this section. (i) Electronic reporting. (1) By website. https://cdx.epa.gov/ (2) By phone or email. [email protected]. [88 FR 47800, July 25, 2023; 88 FR 84242, Dec. 5, 2023]