U.S. EPA, Working Paper and Request for Comments: Clarification of TSCA §§710.4(d)(7) and 720.30(h)(7) Reporting Requirements (July 8, 1991) (ELR Order No. AD-473)

• Author: Carolyne R. Hathaway/William K. Rawson/Ann Claassen/Julia A. Hatcher
• Pages: 521-528

Working Paper and Request for Comments: Clarif‌ication of TSCA §§710.4(d)(7) & 720.30(h)(7) Page 521

Working Paper and Request for

Comments: Clarif‌ication of TSCA

§§710.4(d)(7) and 720.30(h)(7)

Reporting Requirements

EPA

7/8/91

July 8, 1991

UNITE D STATES ENVIRONM ENTAL

PROTECTION AGENCY

WASHINGTON, D.C. 20460

OFFICE OF PESTICIDES AND TOXIC

SUBSTANCES

Dear

I would like to take t his opportunity to invite your

comments on the enclosed working paper. i s

working paper discu sses the manner in which EPA

plans to clarif y, in the form of a tech nical amend-

ment, the Toxic Substances Control Act (TSCA)

Inventory and Premanufact ure Notication (PMN)

reporting requirements found at 40 C FR 710.4(d)

(7) and 720.30(h)(7), respectively. ese provisions

exclude from TSCA Inventory and PMN repor ting

requirements certai n chemical substances that may

be produced from chemical re actions involving other

chemical substa nces that are intended to function as

additives in commercia l manufacturing processes.

EPA’s interpretation and applicat ion of these re port ing

regulations ha s been discussed recently in several mee t-

ings between EPA personnel a nd representati ves from

the chemical ma nufac turing industry. In addition to

this, the regu lations have been the subject of a number

of letters submitted to EPA’s Oce of Toxic Substance s

(OTS) for review and response. A s a result of these

interactions with indust ry, EPA concludes that there

is some confusion in cert ain chemical manufactur ing

sectors about the intended scope of the regu lations.

To assist chemical manufac turers and importers in

understanding t hese exclusionary provisions, EPA

intends to issue the clari cation presented in the work-

ing paper in the Federal R egister. In support of its

clarication EPA is considerin g implementing a spe cial

reporting period duri ng which manufacturers and

importers aected by t he clarication will be permit-

ted to submit substances for inclusion in t he TSCA

Inventory that are clar ied as subject to the reporting

requirements. Additional ly, a post-promulgation com-

ment period will be included as pa rt of EPA’s clarica-

tion strategy.

Prior to issuing the clar ication in the Federal Register

we believe that it is prudent to solicit comments from

chemical manuf acturers and importers, trade assoc ia-

tions, and environmental g roups. is i s to ensure that

there are no outstandi ng issues that are not addressed

in the claric ation document. We are request ing your

comments within th irty days of your receipt of this let-

ter and the enclosed working pap er. Please submit your

comments to the address provided be low:

US Environmental Protection Agenc y

Oce of Toxic Substances (TS-793)

401 M Street, S.W.

Washington, D.C. 20460

Attn: Henry P. Lau, Chief

Chemical Inventory Sect ion

I would like to than k you in advance for your time and

attention in this matter.

Sincerely,

Joseph Carra

Deputy Director

Oce of Toxic Substances

Enclosure

EPA WORKING PAPER

Clarif‌ication of TSCA §§ 710.4(d)(7) &

720.30(h)(7) Reporting Requirements

SUMMA RY: EPA intends to clarif y the regulatory

language of t he chemical substance reporting reg ula-

tions found at 40 CFR 710.4(d)(7) and 720.30(h)(7) of

the Toxic Substances Control Act (TSCA) by a dding

an explanatory note to ea ch of the regulations. e

regulations subject to th is clarication are included in

the section 8(b) Inventory Reporting R ules and section

5(a) Premanufacture Notication (PMN ) requirements

of TSCA, respect ively. ese regul ations exclude from

reporting requirements cer tain chemical substance s

that may be produced from chemica l reactions involv-

ing other chemical subs tances that are intended to

function as additi ves in c ommercia l chemical manu-

facturing a nd formulat ing operations.

is claric ation rearms EPA’s original i ntent at 40

CFR 710.4(d)(7) and 720.30(h)(7) to exclude from

reporting requirements, only t hose substances that

are not manufactu red for a commercial purpose for

distribution in commerce. In d iscussing its clarica-

tion, EPA addresses several is sues raised by chemical

manufacturer s and formulators that pertain to the

application of the regulat ions. EPA intends that t his

clarication be u sed by manufacturers to correctly

determine if chemica l substances that form from