PART 749—WATER TREATMENT CHEMICALS Authority: 15 U.S.C. 2605 and 2607. Subparts A-C [Reserved] Subpart D—Air Conditioning and Cooling Systems § 749.68 Hexavalent chromium-based water treatment chemicals in cooling systems. (a) Chemicals subject to this section. (b) Purpose. (c) Applicability. (d) Definitions. (1) Act et seq. (2) Chilled water loop (3) Closed cooling water system (4) Comfort cooling towers (5) Container (6) Cooling tower (7) Cooling system (8) Distributor (9) EPA (10) Hexavalent chromium (11) Hexavalent chromium-based water treatment chemicals (12) Industrial cooling tower (13) Label (14) Person (15) Shipment (16) Water treatment chemicals (e) Prohibition of distribution in commerce and commercial use. (2) All persons are prohibited from commercial use of hexavalent chromium-based water treatment chemicals in comfort cooling towers. (3) Distribution in commerce of hexavalent chromium-based water treatment chemicals for use in, and commercial use of hexavalent chromium-based water treatment chemicals in, industrial cooling towers and closed cooling water systems are not prohibited. (f) Effective dates. (2) The prohibition described in paragraph (e)(2) of this section against using hexavalent chromium-based water treatment chemicals in comfort cooling towers is effective May 18, 1990. (g) Labeling. WARNING: This product contains hexavalent chromium. Inhalation of hexavalent chromium air emissions increases the risk of lung cancer. Federal Law prohibits use of this substance in comfort cooling towers, which are towers that are open water recirculation devices and that are dedicated exclusively to, and are an integral part of, heating, ventilation, and air conditioning or refrigeration systems. (2) The first word of the warning statement shall be capitalized, and the type size for the first word shall be no smaller than 10-point type for a label less than or equal to 10 square inches in area, 12-point type for a label above 10 but less than or equal to 15 square inches in area, 14-point type for a label above 15 but less than or equal to 30 square inches in area, or 18-point type for a label above 30 square inches in area. The type size of the remainder of the warning statement shall be no smaller than 6-point type. All required label text shall be in English and of sufficient prominence and shall be placed with such conspicuousness, relative to other label text and graphic material, to ensure that the warning statement is read and understood by the ordinary individual under customary conditions of purchase and use. (h) Recordkeeping. (i) The name, address, contact, and telephone number of the cooling system owners/operators to whom the chemicals were shipped. (ii) The chemicals included in the shipment, the amount of each chemical shipped, and the location(s) at which the chemicals will be used. (2) The information described in paragraph (h)(1) of this section shall be retained for 2 years from the date of shipment. (i) Reporting. (i) For the headquarters, the distributor name, address, telephone number, and the name of a contact. (ii) For the shipment offices through which hexavalent chromium-based water treatment chemicals are sold for use in cooling systems, the distributor name, address, telephone number, and the name of a contact. (2) The report identified in paragraph (i)(1) of this section shall be updated as changes occur in the distributor headquarters or shipment office information. The updated report shall be submitted to the Regional Administrator and postmarked no later than 10 calendar days after the change occurs. (3) A person may assert a claim of confidentiality for any information submitted to EPA in connection with this rule. Any claim of confidentiality must accompany the information when submitted to EPA. Persons claiming information as confidential should do so by circling, bracketing, or underlining it and marking it with “CONFIDENTIAL.” EPA will disclose information subject to a claim of confidentiality only to the extent permitted by section 14 of TSCA and 40 CFR part 2, subpart B. If a person does not assert a claim of confidentiality for information at the time it is submitted to EPA, EPA may make the information public without further notice to that person. (j) Enforcement. (2) Failure or refusal to establish and maintain records or to permit access to or copying of records, as required by the Act, is a violation of section 15 of the Act (15 U.S.C. 2614). (3) Failure or refusal to permit entry or inspection as required by section 11 of the Act (15 U.S.C. 2610) is a violation of section 15 of the Act (15 U.S.C. 2614). (4) Violators may be subject to the civil and criminal penalties in section 16 of the Act (15 U.S.C. 2615) for each violation. (k) Inspections. [55 FR 240, Jan. 3, 1990, as amended at 59 FR 42773, Aug. 19, 1994]