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94 PART 712—CHEMICAL INFORMATION RULES Subpart A

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94 PART 712—CHEMICAL INFORMATION RULES Subpart A § 711.35 40 CFR Ch. I (7–1–19 Edition) portion of the Master Inventory File is reporting under this part. Subpart B claimed as confidential, EPA may covers manufacturers’ and processors’ make the information available to the reporting. public without further notice to the (b) Chemical substances, mixtures, submitter. and categories of substances or mix- tures which have been recommended by § 711.35 Electronic filing. the Interagency Testing Committee for (a) You must use e-CDRweb to com- testing consideration by the Agency plete and submit Form U (EPA Form but not designated for Agency response 7740–8). Submissions may only be made within 12 months, will be added to as set forth in this section. § 712.30 using the procedure specified in (b) Submissions must be sent elec- § 712.30(c) only to the extent that the tronically to EPA via CDX. total number of designated and rec- (c) Access e-CDRweb and instruc- ommended chemicals has not exceeded tions, as follows: 50 in any 1 year. Additional rec- (1) By Web site. Go to the EPA Inven- ommended but not designated chemi- tory Update Reporting Internet home- cals may be added after proposal, and page at http://www.epa.gov/iur and fol- consideration of public comment. low the appropriate links. [47 FR 26998, June 22, 1982, as amended at 50 (2) By phone or e-mail. Contact the FR 34809, Aug. 28, 1985; 60 FR 31921, June 19, EPA TSCA Hotline at (202) 554–1404 or 1995] [email protected] for a CD–ROM containing the instructions. § 712.3 Definitions. The definitions in section 3 of TSCA, PART 712—CHEMICAL 15 U.S.C. 2602, apply for this part. In INFORMATION RULES addition, the following definitions apply: Subpart A—General Provisions (a) Byproduct means any chemical substance or mixture produced without Sec. 712.1 Scope and compliance. a separate commercial intent during 712.3 Definitions. the manufacture, processing, use, or 712.5 Method of identification of substances disposal of another chemical substance for reporting purposes. or mixture. 712.7 Report of readily obtainable informa- (b) EPA means the U.S. Environ- tion for subparts B and C. mental Protection Agency. 712.15 Confidentiality. (c) Import in bulk form means to im- Subpart B—Manufacturers Reporting— port a chemical substance (other than Preliminary Assessment Information as part of a mixture or article) in any quantity, in cans, bottles, drums, bar- 712.20 Manufacturers and importers who rels, packages, tanks, bags, or other must report. containers used for purposes of trans- 712.25 Exempt manufacturers and import- portation or containment, if the chem- ers. ical substance has an end use or com- 712.28 Form and instructions. 712.30 Chemical lists and reporting periods. mercial purpose separate from the con- tainer. AUTHORITY: 15 U.S.C. 2607(a). (d) Importer means anyone who im- SOURCE: 47 FR 26998, June 22, 1982, unless ports a chemical substance, including a otherwise noted. chemical substance as part of a mix- ture or article, into the customs terri- Subpart A—General Provisions tory of the U.S. and includes the per- son liable for the payment of any du- § 712.1 Scope and compliance. ties on the merchandise, or an author- (a) This part establishes procedures ized agent on his behalf. Importer also for chemical manufacturers and proc- includes, as appropriate: essors to report production, use, and (1) The consignee. exposure-related information on listed (2) The importer of record. chemical substances. Subpart A estab- (3) The actual owner if an actual lishes requirements that apply to all owner’s declaration and superseding 94 VerDate Sep<11>2014 10:47 Aug 09, 2019 Jkt 247183 PO 00000 Frm 00104 Fmt 8010 Sfmt 8010 Q:\40\40V33.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Environmental Protection Agency § 712.3 bond has been filed in accordance with chemical produced for a commercial 19 CFR 141.20. purpose. (4) The transferee, if the right to (i) Mixture means any combination of withdraw merchandise in a bonded two or more chemical substances if the warehouse has been transferred in ac- combination does not occur in nature cordance with subpart C of 19 CFR part and is not, in whole or in part, the re- 144. For the purposes of this definition, sult of a chemical reaction; except that the customs territory of the U.S. con- mixture does include (1) any combina- sists of the 50 states, Puerto Rico, and tion which occurs, in whole or in part, the District of Columbia. as a result of a chemical reaction if the (e) Impurity means a chemical sub- combination could have been manufac- stance unintentionally present with tured for commercial purposes without another chemical substance or mix- a chemical reaction at the time the ture. chemical substances comprising the (f) Intermediate means any chemical combination were combined, and if all substance that is consumed, in whole of the chemical substances comprising or in part, in chemical reactions used the combination are included in the for the intentional manufacture of EPA, TSCA Chemical Substance Inven- other chemical substances or mixtures, tory after the effective date of the or that is intentionally present for the premanufacture notification require- purpose of altering the rates of such ment under 40 CFR part 720, and (2) hy- chemical reactions. (See also para- drates of a chemical substance or hy- graph (j) of this section.) drated ions formed by association of a (g) Known to or reasonably ascertain- chemical substance with water. The able by means all information in a per- term mixture includes alloys, inor- son’s possession or control, plus all in- ganic glasses, ceramics, frits, and ce- formation that a reasonable person ments, including Portland cement. similarly situated might be expected to (j) Non-isolated intermediate means possess, control, or know, or could ob- any intermediate that is not inten- tain without unreasonable burden. tionally removed from the equipment (h) Manufacture for commercial pur- in which it is manufactured, including poses means to import, produce, or the reaction vessel in which it is manu- manufacture with the purpose of ob- factured, equipment which is ancillary taining an immediate or eventual com- to the reaction vessel, and any equip- mercial advantage for the manufac- ment through which the substance turer and includes, among other passes during a continuous flow proc- things, such ‘‘manufacture’’ of any ess, but not including tanks or other amount of a chemical substance or vessels in which the substance is stored mixture: after its manufacture. (See also para- (1) For commercial distribution, in- graph (f) of this section.) cluding for test marketing. (k) Owned or controlled by the parent (2) For use by the manufacturer, in- company means the parent owns or con- cluding use for product research and trols 50 percent or more of the other development, or as an intermediate. company’s voting stock or other equity Manufacture for commercial purposes rights, or has the power to control the also applies to substances that are pro- management and policies of the other duced coincidentally during the manu- company. facture, processing, use, or disposal of (l) Person means any natural person, another substance or mixture, includ- firm, company, corporation, joint ven- ing byproducts and coproducts that are ture, partnership, sole proprietorship, separated from that other substance or association, or any other business enti- mixture, and impurities that remain in ty, any State or political subdivision that substance or mixture. Byproducts thereof, any municipality, any inter- and impurities may not in themselves state body, and any department, agen- have commercial value. They are none- cy, or instrumentality of the Federal theless produced for the purpose of ob- government. taining a commercial advantage since (m) Process for commercial purposes they are part of the manufacture of a means the preparation of a chemical 95 VerDate Sep<11>2014 10:47 Aug 09, 2019 Jkt 247183 PO 00000 Frm 00105 Fmt 8010 Sfmt 8010 Q:\40\40V33.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 712.5 40 CFR Ch. I (7–1–19 Edition) substance or mixture, after its manu- naphtha, 64741–87–3,’’ but do not refine the facture, for distribution in commerce naphtha to produce ‘‘hexane, 110–54–3’’ would with the purpose of obtaining an imme- not report on hexane. Only the production of diate or eventual commercial advan- ‘‘hexane’’ as an isolated product must be re- tage for the processor. Processing of ported—not previous production of more crude, complex substances such as naphtha any amount of a chemical substance or from which hexane is extracted. Thus, per- mixture is included. If a chemical or sons who produce crude oil, ores, and other mixture containing impurities is proc- crude natural materials, but do not carry essed for commercial purposes, then them through further manufacturing steps those impurities are also processed for that produce a listed chemical have no re- commercial purposes. porting responsibilities under this Part. (n) Site means a contiguous property Note, however, that any method of extrac- unit. Property divided only by a public tion, refinement, or purification of a listed right-of-way shall be considered one chemical substance is considered to be man- ufacturing for the purposes of this rule. site. There may be more than one man- ufacturing plant on a single site. (c) Chemical substances as marketed. (o) Test marketing means distributing This part requires reporting about in commerce a limited amount of a chemical substances as they are mar- chemical substance or mixture, or arti- keted or used in practice. The fol- cle containing such substance or mix- lowing preparations of a chemical sub- ture, to a defined number of potential stance must be reported as the sub- customers, during a predetermined stance itself, not as a mixture, since testing period, to explore market capa- these preparations are regarded as the bility prior to broader distribution in substance in practice.
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