49656 Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Proposed Rules 

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. 

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 email. 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: TSCAHotline@epa.gov. 

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 


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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 email. Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information in a disk or CDROM 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, webbased 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 nonexcluded 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 exposurerelated 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, 


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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 (eIURweb) to complete Form U and CDX 

to submit the completed Form U to the 


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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 onethird 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 submitterand 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 nonrelease 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 eIUR 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 eIURweb, 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 CDROM) 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 


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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 rightof-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 


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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 


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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 customerdriven 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 


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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 


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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 followup 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-bychemical 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 


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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-fiveyears 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 sitelimited. 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 sitelimited. 

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 checkbox) 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. 


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• 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 antiscaling 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 

TABLE 1.—CODES FOR REPORTING INDUSTRIAL FUNCTION CATEGORIES— 

Continued 

Code Category 

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 


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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 

TABLE 2.—INDUSTRIAL SECTORS— 

Continued 

Code Sector Description 

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 

TABLE 2.—INDUSTRIAL SECTORS— 

Continued 

Code Sector Description 

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: 


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• 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 


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TABLE 3.—CODES FOR REPORTING

CONSUMER AND COMMERCIAL

PRODUCT CATEGORIES—Continued 

Code Category 

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 (nonpesticidal) 

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. 


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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 Information Provided Based on Production Volume 

Reporting 

Industrial Processing 

and Use 

(% of reports*) 

Consumer and 

Commercial Use (% of 

reports*) 

No processing and use information reported 13 46 

Processing and/or use information provided, but the associated % PV information reported 

as zero, NRO, or left blank 

6 12 

% PV associated with the reported processing and/or use information accounted for more 

than 0% but less than 50% of the manufactured (including imported) production volume 

4 7 

% PV associated with the reported processing and/or use information accounted for 50% 

but less than 100% of the manufactured (including imported) production volume 

65 32 

% PV associated with the reported processing and/or use information accounted for 100% 

or more of the manufactured (including imported) production volume 

12 3 

* 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 


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in the New Chemicals Program indicates 

that this reporting standard generates 

information sufficient for screeninglevel 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 


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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 


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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 


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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 


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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-todate, definitive identities of companies 

manufacturing (including importing) 

chemical substances potentially subject 

to a final rule; and to provide up-todate, 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 sitespecific 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 


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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 screeninglevel 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 per day or per batch ..... If the chemical substance is 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 batches per year ............ If the chemical substance is 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. 


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TABLE 5.—ADDITIONAL EXPOSURE-RELATED DATA ELEMENTS UNDER CONSIDERATION BY EPA FOR IUR—Continued 

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 exposure ................................... For each worker activity, 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 engineering controls used by 

workers.

For each worker activity, 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 monitoring included ................ Indicate whether a summary of 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 ........................................

a. Directly to the environment or 

b. Into control technology to the environment 

For each release, provide the quantity (in pounds) of chemical substance 

released 

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 attached .............................. Indicate whether a description of the releases, calculations or monitoring 

data on the quantities of releases, or additional information on control 

technologies and/or treatment is attached. 


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TABLE 5.—ADDITIONAL EXPOSURE-RELATED DATA ELEMENTS UNDER CONSIDERATION BY EPA FOR IUR—Continued 

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 manufacturer ................... Indicate whether the sites at 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 per day or per batch .... Provide the amount of the 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 batches per year ............ If the chemical substance is 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 exposure ................................... For each worker activity, 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 engineering controls used by 

workers.

For each worker activity, 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 monitoring included ................ Indicate whether a summary of 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). 


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TABLE 5.—ADDITIONAL EXPOSURE-RELATED DATA ELEMENTS UNDER CONSIDERATION BY EPA FOR IUR—Continued 

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 ........................................

a. Directly to the environment or 

b. Into control technology to the environment 

For each release, provide the quantity (in pounds) of chemical substance 

released 

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 attached .............................. Indicate whether a description 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 product ................................... Describe the function of the chemical in the commercial product, e.g., dispersive dye, solvent, stabilizer, hardener, plasticizer, filler, etc. 

Number of potentially exposed commercial workers ....................... Indicate the number of 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 product use ....................... Indicate the duration of 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) containing the chemical 

substance.

Indicate the physical form, 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 product use .......................... Indicate the duration of 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 


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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 exposurerelated 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 exposurerelated 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 


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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 online: 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, 


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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 

17th 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 employmentbased 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 costto-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 


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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). 

§ 704.3 [Amended] 

2. In § 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 § 710.1 to 

read as follows: 

§ 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: 

§ 710.3 Definitions. 

For purposes of this part: 

* * * * * 

Subpart B (§ § 710.23–710.39) [Removed] 

8. Remove subpart B, consisting of 

§ § 710.23–710.39. 

Subpart C (§ § 710.43–710.59) [Removed] 

9. Remove subpart C, consisting of 

§ § 710.43–710.59. 

10. Add new part 711 to subchapter 

R to read as follows: 

PART 711—TSCA INVENTORY 

UPDATE REPORTING REQUIREMENTS 

Sec. 

§ 711.1 Scope and compliance. 

§ 711.3 Definitions. 

§ 711.5 Chemical substances for which 

information must be reported. 

§ 711.6 Chemical substances for which 

information is not required. 

§ 711.8 Persons who must report. 

§ 711.9 Persons not subject to this part. 

§ 711.10 Activities for which reporting is 

not required. 

§ 711.15 Reporting information to EPA. 

§ 711.20 When to report. 

§ 711.22 Duplicative reporting. 


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§ 711.25 Recordkeeping requirements. 

§ 711.30 Confidentiality claims. 

§ 711.35 Electronic filing. 

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

§ 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. 

§ 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, webbased 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 

§ 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 § 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. 


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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. 

§ 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 § 711.20, unless the 

chemical substance is specifically 

excluded by § 711.6. 

§ 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 § 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 § 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), fullrange straight-run 

64741–43–1 Gas oils (petroleum), straightrun 

64741–44–2 Distillates (petroleum), 

straight-run middle 

64741–45–3 Residues (petroleum), atm. 

tower 


sroberts on DSKD5P82C1PROD with PROPOSALS
49688 Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Proposed Rules 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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), fullrange alkylate 

64741–65–7 Naphtha (petroleum), heavy 

alkylate 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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), solventrefined light 

64741–85–1 Raffinates (petroleum), sorption process 

64741–86–2 Distillates (petroleum), sweetened middle 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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), solventrefined 

64741–91–9 Distillates (petroleum), solvent-refined middle 

64741–92–0 Naphtha (petroleum), solventrefined 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 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Proposed Rules 49689 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

64742–10–5 Extracts (petroleum), residual 

oil solvent 

64742–11–6 Extracts (petroleum), heavy 

naphthenic distillate solvent 

64742–12–7 Gas oils (petroleum), acidtreated 

64742–13–8 Distillates (petroleum), acidtreated middle 

64742–14–9 Distillates (petroleum), acidtreated light 

64742–15–0 Naphtha (petroleum), acidtreated 

64742–16–1 Petroleum resins 

64742–18–3 Distillates (petroleum), acidtreated heavy naphthenic 

64742–19–4 Distillates (petroleum), acidtreated light naphthenic 

64742–20–7 Distillates (petroleum), acidtreated heavy paraffinic 

64742–21–8 Distillates (petroleum), acidtreated 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 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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), claytreated heavy paraffinic 

64742–37–6 Distillates (petroleum), claytreated light paraffinic 

64742–38–7 Distillates (petroleum), claytreated 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), claytreated heavy naphthenic 

64742–45–6 Distillates (petroleum), claytreated 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 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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) 


sroberts on DSKD5P82C1PROD with PROPOSALS
49690 Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Proposed Rules 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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), steamcracked 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

64742–91–2 Distillates (petroleum), steamcracked 

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 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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. 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Proposed Rules 49691 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

68187–60–0 Hydrocarbons, C4, ethanepropane-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, acidfree 

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 sulfidefree 

68308–10–1 Tail gas (petroleum), straightrun distillate 

hydrodesulfurizer, hydrogen 

sulfide-free 

68308–11–2 Tail gas (petroleum), propanepropylene alkylation feed 

prep deethanizer 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

68410–12–8 Distillates (petroleum), steamcracked, C5-10 fraction, 

high-temp. stripping products with light steamcracked 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 


sroberts on DSKD5P82C1PROD with PROPOSALS
49692 Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Proposed Rules 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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.-byproduct 

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, ethylenemanuf.-by-product 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN 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 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

68477–39–4 Distillates (petroleum), 

cracked stripped steamcracked petroleum distillates, C8-10 fraction 

68477–40–7 Distillates (petroleum), 

cracked stripped steamcracked 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-isobutylenerich 

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, heartcut 

68477–48–5 Distillates (petroleum), mixed 

heavy olefin vacuum, lowboiling 

68477–53–2 Distillates (petroleum), steamcracked, C5-12 fraction 

68477–54–3 Distillates (petroleum), steamcracked, C8-12 fraction 

68477–55–4 Distillates (petroleum), steamcracked, C5-10 fraction, 

mixed with light steamcracked petroleum naphtha 

C5 fraction 

68477–58–7 Distillates (petroleum), steamcracked petroleum distillates, C5-18 fraction 

68477–59–8 Distillates (petroleum), steamcracked petroleum distillates cyclopentadiene 

conc. 

68477–60–1 Extracts (petroleum), cold-acid 

68477–61–2 Extracts (petroleum), coldacid, C4-6 

68477–62–3 Extracts (petroleum), coldacid, C3-5, butene-rich 

68477–63–4 Extracts (petroleum), reformer 

recycle 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Proposed Rules 49693 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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), catalyticcracked gas oil 

depropanizer bottoms, C4- 

rich acid-free 

68477–72–5 Gases (petroleum), catalyticcracked 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 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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, propenerich 

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), hydrogenrich 

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 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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, hydrogenmethane-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), steamcracked petroleum distillates cyclopentadiene 

conc., C4-cyclopentadienefree 

68478–22–8 Tail gas (petroleum), catalytic 

cracked naphtha stabilization absorber 


sroberts on DSKD5P82C1PROD with PROPOSALS
49694 Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Proposed Rules 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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 straightrun 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), fullrange coker 

68513–03–1 Naphtha (petroleum), light 

catalytic reformed, arom.- 

free 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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), steamcracked light 

68513–74–6 Waste gases, ethylene oxide 

absorber-reactor 

68514–15–8 Gasoline, vapor-recovery 

68514–29–4 Hydrocarbons, amylene feed 

debutanizer overheads nonextractable raffinates 

68514–31–8 Hydrocarbons, C1-4 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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, olefinrich 

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, isoprenerich 

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 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Proposed Rules 49695 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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), steamcracked 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), methanerich off 

68527–15–1 Gases (petroleum), oil refinery 

gas distn. off 

68527–16–2 Hydrocarbons, C1-3 

68527–18–4 Gas oils (petroleum), steamcracked 

68527–19–5 Hydrocarbons, C1-4, 

debutanizer fraction 

68527–21–9 Naphtha (petroleum), claytreated full-range straightrun 

68527–22–0 Naphtha (petroleum), claytreated light straight-run 

68527–23–1 Naphtha (petroleum), light 

steam-cracked arom. 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

68527–26–4 Naphtha (petroleum), light 

steam-cracked, 

debenzenized 

68527–27–5 Naphtha (petroleum), fullrange alkylate, butanecontg. 

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 acidfree 

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 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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. byproduct 


sroberts on DSKD5P82C1PROD with PROPOSALS
49696 Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Proposed Rules 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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-ringarom.-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), solventrefined heavy paraffinic distillate solvent 

68783–05–1 Gases (petroleum), ammoniahydrogen sulfide, watersatd. 

68783–06–2 Gases (petroleum), 

hydrocracking low-pressure 

separator 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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-ringarom.-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), fullrange straight-run middle 

68814–89–1 Extracts (petroleum), heavy 

paraffinic distillates, solventdeasphalted 

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.- 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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), straightrun, high-boiling 

68918–69–4 Petrolatum (petroleum), 

oxidized, zinc salt 

68918–73–0 Residues (petroleum), claytreating 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. 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Proposed Rules 49697 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

68919–09–5 Gases (petroleum), straightrun naphtha catalytic reforming off 

68919–10–8 Gases (petroleum), straightrun 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), fullrange 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, ethylenemanuf.-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 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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), straightrun naphtha 

hydrodesulfurizer 

68952–81–8 Tail gas (petroleum), thermalcracked 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), straightrun naphtha catalytic reformer stabilizer overhead 

68955–35–1 Naphtha (petroleum), catalytic 

reformed 

68955–36–2 Residues (petroleum), steamcracked, 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 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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. heartcut 

70528–72–2 Distillates (petroleum), heavy 

distillate solvent ext. vacuum overheads 

70528–73–3 Residues (petroleum), heavy 

distillate solvent ext. vacuum 


sroberts on DSKD5P82C1PROD with PROPOSALS
49698 Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Proposed Rules 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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 

TABLE 1.—CAS REGISTRY NUMBERS

OF PARTIALLY EXEMPT CHEMICAL

SUBSTANCES TERMED ‘‘PETROLEUM

PROCESS STREAMS’’ FOR PURPOSES

OF INVENTORY UPDATE REPORTING—Continued 

CASRN Product 

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 § 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 § 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. 


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(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 § 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 § 711.15(b)(3)(i), and must 

contain a written rationale for the 

request that provides sufficient specific 

information, addressing the 

considerations listed in § 711.6(b)(2)(ii), 

including cites and relevant documents, 

to demonstrate to EPA that the 

collection of the information in 

§ 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-tetramethyl2-[(4R,8R)-4,8,12- 

trimethyltridecyl]-, acetate, 

(2R)- 

59–02–9 2H-1-Benzopyran-6-ol, 3,4- 

dihydro-2,5,7,8-tetramethyl2-[(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, chlorodiethyl97–93–8 Aluminum, triethyl100–99–2 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, dichloroethyl1070–00–4 Aluminum, trioctyl1116–70–7 Aluminum, tributyl1116–73–0 Aluminum, trihexyl1191–15–7 Aluminum, hydrobis(2- 

methylpropyl)- 

1317–65–3 Limestone 

1333–74–0 Hydrogen 

TABLE 2.—CASRN OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES— 

Continued 

CASRN Chemical 

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.- 

chlorochlorotriethyldi12542–85–7 Aluminum, trichlorotrimethyldi16291–96–6 Charcoal 

26836–47–5 D-Glucitol, 

monooctadecanoate 

61789–44–4 Fatty acids, castor-oil 

61789–97–7 Tallow 


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TABLE 2.—CASRN OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES— 

Continued 

CASRN Chemical 

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-, diand 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 di68425–17–2 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 

TABLE 2.—CASRN OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES— 

Continued 

CASRN Chemical 

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. 

§ 711.8 Persons who must report. 

Except as provided in § 711.9 and 

§ 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 § 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 

§ 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. 

§ 711.9 Persons not subject to this part. 

A person described in § 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. 

§ 711.10 Activities for which reporting is 

not required. 

A person described in § 711.8 is not 

subject to the requirements of this part 

with respect to any chemical substance 

described in § 711.5 that the person 

solely manufactured or imported under 

the following circumstances: 

(a) The person manufactured or 

imported the chemical substance 

described in § 711.5 solely in small 

quantities for research and 

development. 

(b) The person imported the chemical 

substance described in § 711.5 as part of 

an article. 

(c) The person manufactured the 

chemical substance described in § 711.5 

in a manner described in 40 CFR 

720.30(g) or (h). 

§ 711.15 Reporting information to EPA. 

For the 2011 submission period, any 

person who must report under this part, 

as described in § 711.8, must submit the 

information described in this section for 

each chemical substance described in 

§ 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 

§ 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 § 711.8(b), must submit 

the information described in this section 

for each chemical substance described 

in § 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 

§ 711.8(b)) at any one site during any 

calendar year since the last principal 


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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 § 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 eIURweb reporting software is described 

in the instructions available from EPA at 

the website set forth in § 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 § 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 

§ 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 § 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 § 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 eIURweb and CDX (see § 711.35), and 

which clearly references the importer’s 

submission. 

(B) If a manufacturer submitting a 

report cannot provide all the 

information specified in § 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 § 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, 


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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

Code Concentration Range (% 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. 


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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 

TABLE 7.—CODES FOR REPORTING

INDUSTRIAL SECTORS—Continued 

Code Sector Description 

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 


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TABLE 8.—CODES FOR REPORTING INDUSTRIAL FUNCTION CATEGORIES— 

Continued 

Code Category 

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 


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TABLE 10.—CODES FOR REPORTING

CONSUMER AND COMMERCIAL

PRODUCT CATEGORIES—Continued 

Code Category 

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 (nonpesticidal) 

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). 

§ 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 § 711.8(a) must report 

during each submission period for each 

chemical substance described in § 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). 

§ 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 § 711.15 for a 

chemical substance described in § 711.5 

to EPA, and has done so within 1 year 

of the start of a submission period 

described in § 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 § 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 § 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 § 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. 

§ 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. 

§ 711.30 Confidentiality claims. 

(a) Confidentiality claims. Any person 

submitting information under this part 


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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 § 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 § 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 

§ 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 § 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 


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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 § 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. 

§ 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 

TSCA-Hotline@epa.gov for a CD-ROM 

containing the instructions. 

[FR Doc. 2010–19830 Filed 8–12–10; 8:45 am] 

BILLING CODE 6560–50–S 


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