Document 857EEQdberrb2wNqROQ2OJaK
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ENVIRONMENTAL i PROTECTION '------ --
AGENCY
TOXIC SUBSTANCES CONTROL
General Provisions and Inventory Requirements; Public Meeting
I v
KMX 01201
39182 5
PROPOSED RULES
ENVIRONMENTAL PROTECTION AGENCY
stances for Inclusion on an Inventory of chemical substances required by subsec tion 8(b) of TSCA. On April 12, 1977.
Modifications of Initial Reporting Requirements
The main purpose in revising the pro
[ 40 CFR Parts 700 and 710]
EPA published a supplemental notice of posed approach is to use these initial re
[OT8-081003; FBL 764-1]
proposed rulemaking in the Federal porting requirements not only to com Register (43 FR 19298) providing ad pile the Inventory required by section 8
TOXIC SUBSTANCES CONTROL
ditional information pertaining to the (b) but also to fulfill the Congressional
General Provisions and Inventory Reporting Requirements; Supplemental Notice; Public Meeting
AGENCY: Environmental Protection
proposed Inventory regulations. This no tice set forth instructions for use of a Candidate List of Chemical Substances
and specified minerals which EPA pro posed to Include in the Inventory of
intent, as stated in section 2 of TSCA, that adequate data be developed for im plementation of TSCA and other au
thorities directed to regulating risks as sociated with chemical substances. Al
Agency.
chemical substances. On April 28, 1977, though the regulations proposed on
ACTION; Proposed Rules; Notice of EPA published a notice of availability March 9, 1977 would have required
Public Meeting.
SUMMARY: This notice reproposes the Inventory reporting regulations first proposed on March 9. 1977 in the Fed eral Register and supplemented there after. Specifically, these reproposed reg ulations would require some manufac
turers: (1) To report the identity of each
chemical substance manufactured (or imported) for a commercial purpose and the site of such manufacture;
(2) To estimate the amount of each such chemical substance manufactured
or imported at each site;
(3) To Indicate whether each such chemical substance Is manufactured and used only within one site; and
of the Candidate List of Chemical Sub stances for use in reporting chemicals for inclusion on the inventory (42 FR 21639). In addition, on July 8, 1977, the Agency published a notice to amend the procedures for securing a copy of the Candidate List on computer-readable
tape (42 FR 35183).
On April 18, 1977, EPA held a public meeting in Washington, D.C. to provide
interested persons an opportunity to comment publicly on the proposed regu
lations. In addition, approximately 200 persons have submitted written com
ments on the proposed regulations. Both the transcript of the public meeting and
the written comments are available for inspection by the public in the Federal
Register Office of the Office of Toxic
manufacturers to report chemical sub
stances manufactured for commercial purposes, the proposed approach would
not have required reporting concerning production sites or the quantities pro duced.
In contrast to EPA's original proposal, the revised version published here would require certain manufacturers not only to identify the chemical substances in commerce but also to report where the chemical substances are manufactured
and in what quantities. This information will be valuable for estimating the
potential exposure to chemical sub stances for monitoring, control, and pre
ventive actions. For example, plant site information would be useful in identify
ing possible sources of hazardous chemi
(4) To indicate whether the respond ent is a manufacturer, processor, and/ or Importer of each such chemical sub
stance. In addition, these reproposed regula
tions would authorize certain other per sons to report such information at their
Substances.
As a result of these comments, EPA has decided to repropose the inventory reporting regulations to require addi tional reporting by some persons and less
reporting by others.
cals, especially in an emergency. Data
on the quantities of chemical substances in commerce would enable EPA and other agencies to select substances for priority attention among the tens of thousands in commerce.
These amendments would expand the
discretion.
Participation in the Public Meeting scope of the initial reporting require
DATES: Written comments must be re ceived on or before September 16, 1977. EPA will hold a public meeting in Wash ington, D.C. on August 24, 1977 to pro vide an opportunity for oral comments.
Details are provided below.
ADDRESS: Comments should be ad dressed to the Federal Register Section (WH-557), Office of Toxic Substances, Attention: Vicki Briggs, Environmental Protection Agency, 401 M Street SW,, Washington, D.C. 20460. Comments should be filed in triplicate and bear the identifying notation OTS-081002. All written comments filed pursuant to this
The public meeting on these proposed regulations will be on Wednesday, Aug ust 24, 1977 from 9:00 a.m. to 4:30 p.m. in the Thomas Jefferson Auditorium of the Department of Agriculture, 14th and Independence Avenue, SW., Washington, D.C. Persons who want to reserve time to present their comments at that meet
ing should contact Vicki Briggs at the
address provided above or telephone 202 426-9819. Each person may request up to 15 minutes although less time may be allotted depending upon the number of
participants. EPA will make a transcript
of the proceedings for public inspection.
ments, but would limit the applicability of the requirements to those persons with establishments that are primarily en gaged in the manufacture of chemical substances. Accordingly, only the ap
proximately 20,000 establishments in the Standard Industrial Classification Ma jor Group 28 (Basic Chemicals and Allied Products) and Grnun p.aii (Petro
leum Refining) would be required to re
port each chemical substance manu factured at the production site and the
volume of production. Manufacturers outside these groups would not be re
quired to report. These latter persons could choose to report or could authorize
notice will be available for public in
Status or Refroposal
a trade association to report to ensure
spection at that office from 8:30 am. to 4:00 pm. Monday through Friday.
The record of this rulemaking will in chemical substances which they manu clude all comments received in response facture are included on the inventory.
FOR FURTHER INFORMATION CON to the earlier notices of proposed rule The hundreds of thousands of chemical
TACT:
Mr. John Rltch, Office of Industry As sistance. Office of Toxic Substances (TS-788), Environmental Protection Agency. 401 M Street, SW., Washing ton, D.C. 20460,202-755-0535.
making as well as the comments re ceived in response to this notice. The
public is encouraged to review the earlier notices of proposed rulemaking if any
questions arise concerning the context of these reproposed regulations. While EPA would welcome comments on any
processors may report during a limited
period following publication of the initial
Inventory. EPA may require reporting by any of these manufacturers or proces sors as part of its phased reporting
strategy under section 8(a), discussed in the following section.
SUPPLEMENTARY INFORMATION: These regulations are proposed under the authority of subsection 8(a) of the
aspect of these proposed regulations,
persons are encouraged to direct their comments to the new provisions pro
Other amendments to the March 9, 1977 proposal include a requirement that manufacturers indicate whether a chemi
Toxic Substances Control Act (90 Stat. 2003; 15 U.S.C. 2601 et seq.; hereinafter
posed here and not duplicate comments submitted earlier on other aspects of
cal substance is manufactured and proc essed solely within one site and not dis
referred to as TSCA). On March 9. 1977, EPA first published
in the Federal Register (42 FR 13130)
proposed Inventory reporting regulations to govern reporting of chemical sub-
the proposed regulations. EPA will re spond to all the comments submitted in response to the proposed rulemaking notices In the final inventory reporting
regulations.
tributed for a commercial purpose out side that site. EPA is considering spe cially designating these chemical sub stances on the Inventory and providing under section 5(a) (2) that any use of
FEDERAL REGISTER, VOL. 42, NO. 148--TUESDAY, AUGUST 2, 1977
PROPOSED RULES
39185
those substances for commercial pur poses outside the manufacturing site would be considered a "significant new use." In addition, respondents would be required to indicate whether they manu facture, process, and/or Import a chemi cal substance. Knowing which persons manufacture. Import, or process a re ported chemical substance would enable EPA to direct any future notice or re quirement to appropriate persons and permit the Agency to estimate how much of a substance Is manufactured domesti cally and how much Is imported.
Various representatives of the Federal government and environmental groups have urged EPA to amend the initial re porting requirements to include report ing on uses of chemical substances. EPA recognizes the Importance of obtaining use Information In order to estimate ex posure to a chemical substance. However, Incorporating use reporting Into the initial requirements would substantially delay the publication of the inventory, perhaps for more than a year after the statutory date. Premanufacture notifica tion of new chemicals would be delayed accordingly.
For this and other reasons, EPA de cided to postpone use reporting to the second phase of Its reporting strategy, as
described below.
Overall Strategy
By reproposing the inventory regula tions, EPA recognizes that It will be un able to meet the statutory deadline for publication of the inventory in November 1977. Nonetheless, EPA believes that the proposed delay Is warranted by the im portance of the data base that would be generated as a foundation for implemen tation of TSCA. At the same time, EPA will not attempt to develop a comprehen sive data base on all chemical substances through the initial reporting require ments. EPA has developed an overall strategy for data development under sec tion 8(a) of TSCA. These initial report ing requirements are the first of three phases.
The second phase of EPA's pro posed strategy will be Initiated after these regulations are final this fall. In this phase, EPA will address chemical substances selected because of their concern to EPA, the Occu pational Safety and Health Administra tion (OSHA), the Consumer Product Safety Commission (CPSC), as well as to other agencies and interested parties. Manufacturers and processors of those chemical substances may be required to submit use information, including the estimated amounts of a chemical sub stance manufactured or processed for each use. In addition, EPA would con sider asking for information on impuri ties. byproducts, worker exposure, and ot\>er factors as needed for specific chemical substances or categories of chemical substances.
The third phase of EPA's reporting strategy would begin after the inventory
is published in 1978. EPA would by regu
lation require reporting under section
8(a) for additional chemical substances
selected In part on the basis of their rel ative production volumes as reported under the initial reporting requirements. During this phase, EPA intends to de velop the data base for a larger portion of chemical substances in commerce with respect to their use, exposure and other factors. Finally, in addition to such sys tematic reporting, EPA anticipates that It may ask for information on certain chemical substances as needed by the Department of Labor and others In emergency situations.
In determining what information to require in each of these phases, EPA will of course review alternative sources of data such as information available under Section 308 of the Federal Water Pollu tion Control Act Amendments of 1972 and other authorities, and will minimize duplicative reporting requirements.
DmiuTioHS or Small Maicutactcrers
rox These Regulations Only
In proposing an expanded approach to the inventory reporting requirements,
EPA would require certain manufactur ers and importers to report Information In addition to the Identities of chemical substances in commerce. Paragraph 710.5(d) of these proposed regulations outlines this information. Although TSCA section 8(a) provides broad au thority to EPA to require Information necessary for the administration of the Act, EPA may require "small manufac turers and processors" to submit only In formation required for compilation of the initial Inventory or concerning a chemical substance which is subject to a proposed rule or order under TSCA section 4, 5, or 8, or court action under section 5 or 7.
Some of the additional information outlined in paragraph 710.5(d), such as production volume and the manufactur ing sites of a chemical substance, may not be considered necessary for compila tion of the initial Inventory. Therefore, EPA may not be authorized to require submission of that information from "small manufacturers" under these reg ulations. Accordingly, EPA Is proposing to define which persons qualify as "small manufacturers" for the purpose of these regulations and to exempt small manu facturers from certain of these report ing requirements.
The definition of "small manufac turer" proposed here is a one-time defi nition intended to apply solely to these regulations. Accordingly, It would only apply to manufacturers in SIC groups 28 and 2911 and to importers of chemical substances. Persons should not interpret this definition as indicative of future definitions which will be proposed for the purpose of subsequent regulations under section 8(a) of TSCA. Those definitions for "small manufacturers" will take into account the burdens of complying with the future reporting and/or record keeping requirements.
Section 8(a) (3) (B) of TSCA provides
that, after consulting with the Small
Business Administration, the Adminis
trator shall by rule prescribe standards
for determining the manufacturers and
processors which qualify as "small man ufacturers and processors." The legisla
tive history of TSCA shows that the Sen ate bill contained no exemption from the
reporting requirements for small manu facturers and processors. The House bill first introduced this provision because reporting and record-keeping require
ments "may Impose a particularly heavy
burden on small manufacturers and processors" (HU. Rep. No. 94-1341, 94th . Cong., 2d Sees. 42 (1976)). The Confer ence substitute retained the exemption of the House amendment in order to "protect small manufacturers and proc essors from unreasonably burdensome re quirements" (italics added) (H-R. Rep. ' No. 94-1679. 94th Cong., 2d Sess. 80
(1976)). In exempting "small manufacturers
and processors" from certain reporting requirements. Congress intended that EPA balance Its need for certain infor
mation with tiie burden Imposed upon small manufacturers and processors in
submitting that information. As dis
cussed above, EPA believes that the in formation which would be required by
these regulations is necessary to estab lish a data base for implementation of TSCA and other authorities directed to
regulating risks associated with chemi cal substances. In developing the pro
posed exemption from these reporting requirements, EPA has consulted with the Small Business Administration (SBA) and others in order to assess the administrative and economic burdens for small manufacturers of complying with these reporting regulations.
As proposed in ! 710.2 of these regu lations, the term "small manufacturer or importer" means "a manufacturer
who (a) has only a single manufacturing site, and either (b) has total sales of
less than $100,000, based on the manu facturer's latest complete fiscal year, or (c) has no more than 2,000 pounds an
nual production (i.e., amount manufac tured and imported) of each manufac tured chemical substance. In the case of a
company which is owned or controlled by
another company, such factors would ap ply to the parent company and all com
panies owned or controlled by it taken together."
Manufacturers and importers which fall within this definition would be ex
empt from reporting production volume. They would not be exempt from report ing the following information, which is necessary for compilation of the inven tory: The identities of the chemical sub
stances they manufacture or Import; the business address; whether a chemical substance Is used solely within the man ufacturing site; or whether they manu facture. process, and/or Import the chemical substance. Any small manufac
turer whose chemical substance is not included on the Initial inventory would be subject to the premanufacture.notifi
cation requirements of TSCA section 5. In considering alternative definitions,
EPA is evaluating the burden of comply ing with the expanded reporting require ments in light of the fact that manufac turers and Importers would already be
reporting the identities of chemical sub
FEDERAL REGISTER, VOL. 42, NO. 148--TUESDAY, AUGUST 2, 1977
39184
? PROPOSED RULES
stances for the Inventory. In promulgat
ing these regulations, EPA will probably define "small" In terms of (a) plant site, and either (b) sales or (c) production levels. Incorporating only two parame ters In the final definition.
With respect to the alternative of de fining the tom "small manufacturer" in terms of clauses (a) and (b) above, the number of plant sites Is indicative of the management structure of a company and the likelihood that the Information required would already exist In a cen tralized form. Information on the total annual sales of all products Is generally available to all manufacturers. It also Is a measure of size In terms of dollars and therefore Is relevant to the burden Im posed by these reporting requirements. EPA considers $100,000 an appropriate level above which all manufacturers should be able to comply with the addi tional requirements of this regulation without undue economic burden. If the manufacturer Is owned or controlled by
another company, the manufacturer should compute both the total annual sales and the number of plant sites on
the basis of the sales and number of plants In the United States for that com
pany as a whole.
If "small" Is defined In terms of (a) and (b), potentially as many as 20 per cent of the firms In Standard Industrial Classification Major Group 28 (SIC 28), Chemicals and Allied Products, would be considered "small manufacturers." However, the exempted manufacturers contribute a very small fraction, less than one percent, of the total sales
within SIC 28.
Alternatively, If EPA chose to define "small manufacturer" in terms of
clauses (a) and (c) above, one plant site and no more than 2,000 pounds annual
production of any chemical substance, the number of establishments which would be exempted from reporting pro duction would probably be far fewer. In fact, the effect of using the criteria in
clauses (a) and (c) would be to exempt those persons who only manufacture chemical substances In less than 2,000 pounds from reporting the estimated production levels of those substances. EPA solicits comments on this alterna tive, especially with respect to the num
ber of pounds selected for setting the exemption.
EPA also solicits comments on this proposed definition of "small manufac
turer," including any quantitative data on the estimated costs of compliance, the number, sizes, and types of firms for which It may be a significant additional
burden, or other information which de
scribes the Impact of these reporting re quirements on small manufacturers. For example. EPA anticipates that reporting production may be burdensome for some manufacturers, particularly those who use batch processing to produce a variety of chemicals and keep records of produc tion only on the basis of shipments or customer invoices. EPA would also ap preciate any comments on other possible parameters for defining "small manufac
turer," such as profits, market share, fi nancial assets, or the number of em ployees.
OiHza DcrannoKS
A* Indicated In 1710.3, EPA proposes to revise many of the definitions pub lished In the March 0, 1877 proposed regulations. The definitions are Included In I 710.2 rather than f 700.2 so that their applicability will be limited to these regulations and not automatically extend to subsequent regulations under TSCA. While minor proposed changes to the originally proposed terms are Included In the new f 7103, these changes are not discussed here as they will be ad dressed In the final regulations.
Several definitions Included In the March 9, 1977 regulations were taken from other authorities. Specifically, the definitions of "food additive," "drug," "coemetic," "device," "special nuclear material," "nuclear byproduct material," "nuclear source material," and "pes ticide" were incorporated without modi fication from other regulations. Instead of Including these definitions In their entirety In these regulations, EPA would
Include them by reference. Thus any changes in the other statutes will auto matically be reflected In these regula tions.
Included in these proposed regulations are three additional terms. EPA is pro posing to define "article" as a "manu factured Item (a) which Is formed to a specific shape or design during manu facture, (b) which has end use func tion (s) dependent In whole or in part upon its shape or design during end use, and (c),, which is functional in Its end use(s) without change of chemical com position during its end use; except that <d> fluids and particles are not con sidered articles regardless of shape or design." This definition Is added to
clarify proposed 9 710.4(d) (6) which would exclude from the inventory, and from these reporting requirements, a chemical substance which Is the result of a chemical reaction that occurs upon use of curable plastic molding compounds and other chemical substances to manu facture an article destined for the mar ketplace without further chemical change. Examples of this are chemical substances that form during the thermosetting process in forming plastic articles, firing pottery or enamel prod ucts, setting concrete sidewalks, or mold ing rubber products. This exclusion Is discussed further below under the sec tion "Chemical Substances Excluded From the Inventory."
Related to this is the proposed defini tion of "manufacture, process, or import 'for commercial purposes' " which means
to manufacture, process, or import for use by the manfacturer, as well as for distribution In commerce, for use as a
catalyst or an intermediate, and for test marketing purposes. This definition is intended to clarify that chemical sub stances that are used by the manufac turer, not only as an intermediate or catalyst in the manufacture of another
chemical substance, but also In manufacture of a mixture or an arti
or in any other way, would be subj< to these regulations. Accordingly, cher
cal substances which are manufactu: and then converted by the manufactm into an article should be reported that manufacturer and would not excluded from reporting for the lnve tory under f 710.4(d) (8). For examp a person who manufactures a polym and then converts the polymer into synthetic fiber should report the pol: mer.
The term "establishment" Is deflnt as "an economic unit, generally at single site, as defined for purposes , the Standard Industrial Classification Establishments. There may be more thi one establishment at a single site." Tt term Is necessary to clarify propost I 710.3(a) which would provide that on manufacturers with establishments : certain Standard Industrial Classifies tlon (SIC) groups would be required report.
EPA is proposing to define the ter: "site" as "each contiguous proper: unit where a chemical substance manufactured or processed whether < not such site Is Independently owned c operated. Property divided only by a put 11c right of way shall be considered or site. For the purposes of importe chemical substances, the site shall be th buslness address of the Importer." Whi all persons are encouraged to report t site, 9 710.5(a)(1) would require on] those persons required to report undt 9 710.3(a) to report by site. EPA solicit comment on these definitions and th clarity of the reporting requirement with respect to articles, establishment! and sites.
Applicability; Who Must Retort; Whc
May Report, Who May Not Report
Section 710.3 is Intended to clarify wh< must report for the Inventory unde these regulations and for whom report Ing is optional. In addition, the sectlm states who may not report Althougl these regulations expand the Informs tlon obtained, EPA Is proposing to hi the expanded reporting requirement primarily to those establishments whlcl are the basic manufacturers of chemica substances.
Under the March 9. 1977 proposal every person who currently manufac tures a chemical substance for commer clal purposes would have had to reporthat substance for the inventory. Man, comments emphasized that this approacl would require duplicative reporting b? persons who are not generally recognized as part of the chemicals industry but who, for economic reasons or special pur poses, manufacture a limited number ol chemical substances essential to their processes. For example, in the pulp and paper industry, pulp mills manufacture sodium hydroxide and other chemical substances as part of their recovery proc esses. If EPA adopted the approach ol the March 9, 1977 proposal, there may be
more than 400 such establishments re-
FEOERAl REGISTER, VOL. 4i, NO. 148--TUESDAY, AUGUST 2, 1972
mOfOSEV RUUS
n-rtjM that they manufacture sodium
Eijrogfde or other chemical substances
summon to pulp manufacture.
aj an alternative. these initial report-
m, requirements wooM loon on the
identical and allied products sector of
S- manufacturing tadnstty and the
netroleum refining sector, as defined by
arc Major Group 38 and Group 3*11. re*
Actively. Major Gram 38includes the
m=flufacturers of chemicals such as
alkalies, and organics; synthetic
man and plastics; dry colon and pig*
soaps and detergents; and paints
andfertilizers. Group SMI.petroleumre-
^tng. is the basis of the organic chem
icals industry.
.
Establishments subject to TSCA which
fall outside these BSC groups are pri
marily involved in processing chemical
jutetances. such as fabricating plastic
and rubber products or treating articles
such as textiles and metals, and would
not be required to report. Ju most cases
tbs frwnirji substances they manufac
ture would be reported by establishments
in SIC Group 28. To the extent that they
manufacture chemical substances for
special purposes that may not otherwise
be reported lor the inventory, they would
be responsible for ensuring, either
through trade associations or Indi
vidually, that those substances were In
cluded In the inventory. Otherwise, if
these substances are not included In the
Inventory, any person who manufactured
or Imported the substances would be
subject to premanufseture notification
requirements under section 5(a) (1) (A>
of TSCA.
One advantage of limiting required re
porting primarily to manufacturing es
tablishments in the chemical and allied
products sectors of Industry would be
that EPA would be able to direct the re
porting requirements to 20,000 establish
ments rather than to 225208 or more es
tablishments. most of which primarily
process chemical substances, as ex
plained above. Those establishments In
SIC group 21 represent approximately 95
percent of chemical production.
Further, If someone identified a hazard
associated with the processing of a chem
ical substance or wanted to know exactly
what chemical iwbetancea may be manu
factured or processed by establishments
outside 8IC groups 2g and 2911. EPA has
authority under section 8(a) to require
such detailed reporting. As mentioned in
the discussion of EPA's overall strategy.
EPA Intends to Implement this general
reporting authority to develop s data
base on those substances for which there
is significant human or environmental
exposure or some other reason lor
concern.
EPA solicits comments on this pro
posal to limit required reporting to estab
lishments la QIC groups 28 and 3911. Specifically. EPA assumes that there may
be manufacturers who do not know in
which SIC group their establishment ap
propriately belongs. Others may have
been categorised in one group five years
ago and have since changed their pri
mary economic aetivtty and belong in a
different SIC grow. EPA intends to no
tify eaeh establishment which, to the
best of EPA's knowledge, should be in cluded in the SIC groups 38 or 2P11. If for some reason a person has not been directly notified and would belong In SIC groups 28 or 2911. that person would stiH be required to report to EPA. Ac cordingly, it wouM be useful to EPA to know to what extent manufacturers are
familiar with SIC groupings and wheth er the descriptions provided in the Standard Industrial Classification Man ual published by the U.S. Government
Printing Office would be adequate for manufacturers to determine In which
group they belong. Section 710.3(a)(2) would modify the
original proposal and would only require
Importers to report those chemical sub stances Imported Into the united States for a commercial purpose sines January 1.197T. The March 9,1977 proposed reg ulations would have required importers to report not only those chemical sub stances Imported in bulk into the United States but also those chemical substances contained la the articles they import.
Comments from Industry and trade as sociations argued that it would bo ex tremely burdensome for Importers to Identify the chemical substances con tained to the articles they import. More over, they argued that the proposed reg ulations would have imposed a burden on importer* of articles which was not im posed on domestic manufacturers of ar ticles. The Administrator has .decided to revise the original proposal to limit the reporting requirement to imported chemical substance*. This includes all
chemical substances which ore imported In cans, bottles, drums, barrels, pack ages. tanks, bags, and other devices which ore used to contain the substances
during importation. EPA solicits com ments on this reproposal.
Aside from importers, under this pro posal only establishments in SIC groups 28 and 2911 would be required to report the chemical substances they have man
ufactured since January'!, 1977. Section 710.3(b) provides that in addition to those required to report, any person who haa manufactured, imparted, or proc
essed a chemieal substance for a com mercial purpose since January 1, 1975, may report that substance or authorize a trade association or other representa tive to report on his behalf.
As proposed In 1710.3(e), during a special reporting period, 120 days after
the first publication of the inventory, any person who has processed or used a chemical substance (including the manufacture of a mixture or article con taining that chemical substance) for a commercial purpose since January 1. 1975 may report that chemical substance if it was not included in the inventory. EPA would like to minimize duplicative reporting of chemical substances by proc essors during the initial reporting pe riod to facilitate compilation of the ini tial inventory in a timely way. Many processors and users have expressed con cern that the manufacturers of the chemical substances they process may
fail to report. EPA hopes that this pmposed provision would reduce the amount of duplicative reporting by processors seeking to ensure that chemical stepstances are included in the inventory.
As provided by section 5(a) (1)(A> at TSCA, 38 days after publication of the initial Inventory any person who manu facture* or imports "new
substance mart submit premagufactuie notification pitas' to m&nufactgrs or im portation of the chemical substance. Processors are not subject to the provi
sions of section 5(e) (1)(A>. However, it te a prohibited act under section 15(2) ef TSCA for a person to use for commercial purposes a chemical substance which be had reason to know was manufactured to violation of section 5. As a matter of Agency policy, the Agency will not en force section 15(3) with respect to proc essors and users of chemical substances (toehiding manufacturers ef a mixture or article containing that during the 120-day period proposed to } 7102 (c). The Agency will, however, en force section 15(2) with respect to ail manufacturers and importers of chemical substances during that period, and will enforce section* 15(3) and (3) with re spect to aU persona after the period expires.
Section 710.3(d) would clarify who may not report chemical substances lor
the inventory, either because the chem ical substances are automatically In cluded in the Inventory as provided In i 710.4(b), or because they are excluded from the inventory as provided in para graphs (c) and (d) of S 710.4. A person should only report those substances
which he knows and could verify are chemical substances as defined in the Act. In particular, chemical substances used exclusively as pesticides and drugs may not be reported. In addition, chemi eal substances manufactured solely to small quantities for research and de velopment may not be reported. If a per son does not know whether his customers may use the substance for a TSCA use and does not report, but discovers later that they do, he may add It to the inven tory at that time. Any customer who uses the substance could add it to the inven tory during the 120-day period provided in 8 710.3(c). .
Scops or thx Invshtory
In the March 9, 1977 proposal EPA relied upon certain definitions of terms such as "mixture," "manufacture or process for `commercial purposes'." and
"by-product" to clarify what chemical substances should be reported for the in ventory. Because this approach was con fusing to many, EPA has redrafted sec tion 710.4 to clarify what substances are eligible for inclusion on the inventory.
Basically, the Act provides in sections 8 (b) and (f) that any chemical sub stance may be included on the Inventory if it has been manufactured or processed for a commercial purpose in the United States within three years of the effective date of these regulations. In the regula tions proposed on March 9. 1977, EPA anticipated that the regulations would
FI0HAI RiqilTII, V01. 41, NO. 141--TUISOAY, AUGUST 2, 1977
39186
become effective by July 1,1977, and that the three-year period would date from July 1, 1974. The decision to repropose means that the final regulations will not be published until sometime in October. In order to define a reporting period that Industry can rely upon, regardless of the actual date the final regulations are pub lished, EPA is proposing that the threeyear period begin on January 1, 1976. This proposal would satisfy those who have urged that EPA define the period in terms of calendar years. EPA recog nizes that some may still prefer to have the period Include the full three years from whatever date the regulations are final. EPA specifically solicits comment on this matter.
Section 710.4(a) generally defines which chemical substances are manufac tured, imported, or processed "for a com mercial purpose." Because the term "manufacture" is defined to Include "to Import into the customs territory of the United States," chemical substances which are Imported into the United States are subject to the same provisions as those which are manufactured in the united States. The provisions in 1710.4 (a) are consistent with the definition of the term "manufacture, process, or im port Tor commercial purposes' " in } 710.2. Accordingly, any chemical sub stance manufactured, processed, or im ported (1) for distribution in commerce, (2) for use as a catalyst or an inter mediate, (3) for use by the manufac turer, or (4) for test market purposes, would be eligible for Inclusion on the Inventory.
Chemical Substanczs Automatically INCLUDED
Section 710.4(b) specifies that chem ical substances which are naturally oc curring and are unprocessed or proc essed only by manual, mechanical, or gravitational means; by dissolution in water; or by heating solely to remove water shall be automatically Included on the Inventory under the category "Nat urally Occurring Chemical Substances." Examples of naturally occurring sub stances that would be included on the inventory are raw agricultural commodi ties, water, air, natural gas, crude oil, rocks, ores, and minerals.
In the March 9,1977 regulations, EPA proposed to automatically include on the inventory the general category "raw agricultural commodities." The revised proposal would incorporate this category. Accordingly, as under the original pro posal, manufacturers. Importers, and processors of raw agricultural, horticul tural, and silvicultural products, such as unprocessed cotton, wood, wool, straw, oat hulls, and raw hides, for example, would not report. For clarity, this pro posal also cites water, air, and natural gas, and crude oil as examples of "nat urally occurring chemical substances" that need not be reported. With respect to rocks, ores, and minerals, this re vised approach would not attempt to list each automatically Included mineral
separately, but would Include all rocks,
ores, and minerals under the category
PROPOSED RULES
i'.;> . !. "naturally occurring chemical sub stances."
In the supplement to the March 9, 1977 regulations published on April 12,
1977 (42 FR 19308), EPA proposed a list of minerals under consideration for in
clusion on the Inventory without re porting. Persona commenting on that
proposal have emphasized the difficulty
of knowing precisely all the minerals a
company may be extracting from the earth and, accordingly, whether the
minerals being mined were included on the inventory or not. Most rocks and ores contain many different substances of varying composition depending upon
the geological formation of the mined area. With respect to creating an Inven tory of where each major mineral Is mined, the U.S. Bureau of Mines already has such an Inventory. For those min erals, such as asbestos, which may pre sent a risk to human health or the en vironment, EPA will require information on uses, exposure, and other factors nec essary in assessing that risk under sec tion 8(a) of the Act
EPA solicits comments on the pro posed approach to "naturally occurring
chemical substances" and any sugges
tions for clarifying this category.
Chsmical Substances Excitron by Dxrnnnoir ox by TSCA Siction 8(b)
Section 710.4(e) clarifies those sub
stances which may not be reported for the Inventory either because of the defi nition of "chemical substance" in section
3(2) of the Act or the specific exemption
for chemical substances manufactured. Imported, or processed solely in small quantities for research in section 8(b) of TSCA. In response to the March 9,
1977, proposal, EPA received extensive comments on the exclusion of chemical
substances used in the manufacture of
pesticides and drugs and will respond to
the comment* in
sni vmiinHnng-
Likewlse, ths final regulations will ex plain the exemptions for alloys, inor
ganic glasses, ceramics, frits and cemments, including Portland cement.
A chemical substance used as a re
agent in quality control testing, where
the material tested is distributed in com
merce, is Itself considered to be distrib
uted In commerce and should be re ported to EPA for Inclusion on the in
ventory unless it is known that the "small
quantities for research and development" exemption applies. As mentioned above,
section 8(b) explicitly exempts from the Inventory any chemical substance which Is manufactured or processed only In
small quantities solely few purposes of research, Including analysis of another
chemical substance. EPA would define "small quantities for research and de
velopment" as quantities that are not
greater than reasonably necessary for such purposes and which, after the ef fective date of premanufacture notifica
tion requirements, are used for "research
and development that is conducted by, or directly supervised by, a technically
qualified individual (s)." Accordingly, un
less the persons performing the quality control testing are themselves technically
qualified persons, as defined in 9 710.2, or
are directly supervised by technically qualified individuals, the chemical sub stance would not be considered to be
manufactured in a "small quantity for research and development" and would be subject to these reporting requirements or the premanufacture notification re quirements.
. CHEMICAL SUBSTAHCZS EXCLUDED FXOM IBB INVXHTOBY
Section 710.4(d) clarifies that certain
chemical substances which are not man
ufactured for distribution in commerce
as chemical substances per se and have
no commercial purpose separate from the
mixture or article of which they may be a
part are excluded from these reporting
requirements. Specifically, impurities or
chemical substances which are uninten
tionally present with another chemical
substance are excluded. With respect to
byproducts, the proposed regulations of
March 9,1977, would have excluded by
products which have no commercial pur
pose. However, the proposal left unclear
whether manufacturers should report by
products which are not manufactured
for a commercial purpose but are used
as a fuel or reprocessed. These reg
ulations would provide that those
byproducts whose sole commercial
value is to municipal or private
organizations who (l) bum it as
a fuel, (2) dispose of it as a waste.
Including as a landfill or for wnrtching
soil or (8) extract component chemical
substances which may have some com
mercial value, may be Included on the
inventory but that the reporting of such
substances. Insofar as they are byprod
ucts as defined in I 710.2, is optional.
In proposing to exempt from the
reporting requirements such byprod
ucts which have some commercial
purpose. EPA Intends to encourage
conservation and recycling of the
energy and resources contained in
the waste material that might oth
erwise be discarded because of re
porting burdens under T8CA, Further,
Insofar as these wastes are hazardous,
EPA intends to require reporting of them
under the Resource Conservation and
Recovery Act (RCRA) next spring or
under TSCA section 8(a) (2) during the
second or subsequent phases of reporting.
EPA explicitly solicits comments on this
approach, particularly with respect to the
proposed exemptions.
'
The exclusions in 1710.4(d) (9), (4),
and (6) are for chemical substanees
which result from chemical reactions
that occur incidental to exposure to en
vironmental factors, or during storage or
end use of a chemical substance or mix
ture. These exemptions clarify those
provided in the March 9, 1977, proposed
regulations and are consistent with the
legislative history of the Act (HJt. Rep.
94-1341, 94th Cong., 2d Seas. 19 (1979)).
In } 710.4(8), EPA would exclude "any
chemical substance which is the result of
a chemical reaction that occurs upon use
of curable plastic or rubber molding
compounds, inks, drying oils, metal
finishing compounds, adhesives, paints,
or other chemical substances used to
manufacture an article destined for the
FIDEIAL REGISTER, VOL 42, NO. 141--TUESDAY, AUGUST 2, 1977
PROPOSED RULES
V1 ` V
39i87
marketplace without further chemical
change of the chemical substance except for those chemical changes that may oc
cur as described elsewhere hi this 1710.-
4(d). This provision expands upon the earlier proposal to exempt chemical sub stances formed upon use of curable plas tic molding compounds. By providing a general exclusion for chemical sub stance* manufactured as articles or parts of articles destined for the mar ketplace without further chemical change of the chemical substance, EPA intends to exclude from reporting per sons who are primarily manufacturers
of articles. Section 710.3 proposes to define "arti
cle'' as "a manufactured Item (a) which Is formed to a specific shape or design during manufacture, (b) which has end use functlon(a) dependent in whole or
In part upon its shape or design during end use, and (c) which is functional In its end use(s) without change of chemi
cal composition during its end use; ex cept that (d) fluids and particle* are not considered articles regardless of shape or design." Under this definition, fluids and particles such as dust, powders, disper
sions, granules, lumDs. and flakes would not be considered articles.
To Illustrate, sodium hypochlorite and
particles of titanium dioxide would not be considered "articles" in themselves. The function of sodium hypochlorite as a bleach, for example, depends upon a
change of chemical composition during its end use. Similarly, although the dis tinctive shape of titanium dioxide par ticles may contribute to their ultimate usefulness, they are particles and would not be considered articles in themselves.
Paints containing titanium dioxide par ticles would not be articles because they
are liquids and do not have "shape or design" when manufactured. But auto
mobiles coated with titanium dioxide containing paints are articles under this definition. Other examples of articles
which need not be reported for the In ventory include plastic films, synthetic
fibers, leather goods, nails, iron bars, chrome plated bumpers, jewelry, paper,
particle board, furniture, refrigerators, cloth, and clothing. EPA solicits com ments on this provision and the clarity of the distinction between articles and chemical substances.
Further, precursors of the composi tions covered by the exclusions in I 710.-
4(d) (5) and (8) may be supplied to users as two or more different products which need to be mixed as a first step
in their use because of limited stability of the mixture. Chemical substances formed during such mixing would be excluded.
Finally, $ 710.4(d) (7) provides an ex
emption for chemical substances that may occur as the result of a chemical reaction when a stabiliser, colorant, odorant, antioxidant, filler, solvent, car rier. surfactant, plasticiser, corrosion In hibitor, antifoamer or de-foamer, dis
persant, precipitation inhibitor, binder, emulsifier, de-emulsifier, dewatering agent, agglomerating agent, adhesion
promoter, flow modifier, pH neutralizer,
sequestrant, coagulant, fioccuiant, fire retardant, lubricant, chelating agent, quality control reagent, or a chemical substance which Is solely intended to impart a specific physico-chemical char acteristic functions as intended. This provision expands upon the approach In the March 9, 1977, proposal which would have exempted as "mixtures" the result of chemical reaction* that occur when certain chemical substances 1unction as
Intended.
How to Rxpoax
Section 710.5(a) would provide gen eral instructions for reporting chemical substances. As discussed tn the earlier wMmm, only importers and manufactur
ers with establishments In SIC groups 28 and 2911 would be required to report, and "small manufacturers" In these SIC groups would not have to report certain Information. The Agency would encour age any person not required to report all the Information, to do so anyway because the Information will establish the data
base for future actions under TSCA. Section 710.5 (b) outlines how to report
the name or specific Identity of a chem ical substance. In April 1977, EPA pub lished and made available the TSCA Candidate List of Chemical Substances, and on April 12, 1977, published In the Fxdksal Rxoistxx a guide for using this list. EPA realizes that the Candidate List Is not a complete list of chemical sub stances in commerce and does Include some substances which would be ex cluded from the Inventory, m addition, there are some minor errors. On or be fore the date these reporting require ments are published In their final form in October 1977, EPA Intends to revise the guide to the Candidate List and make necessary corrections and certain addi tions to the List Itself.
Section 710.5(c) proposes that any person reporting a polymer for inclusion In the Inventory must list In the descrip tion of the polymer composition at least those constituent monomers used at greater than two weight percent in the
manufacture of the polymer. A person may Include as part of the description of the polymer composition those mon omers used at two weight percent or leas in the manufacture of the polymer. Of course, an monomers themselves must be separate entries on the Inventory. EPA received extensive comment on the Issue of polymer reporting in response to the March 9, 1977, proposal and wfil respond to all the comments In the final regulations.
Additional Information, which would be required according to the general In structions In {710.5(a), Is outlined In } 710.5(d). As mentioned earlier In this preamble, knowing who Is manufactur ing, importing, or processing a chemical substance would enable EPA to direct any future notice or requirement to the appropriate person. The reporting forms will provide three check boxes for per sons to check any or all of them, as appropriate.
Manufacturers must report according
to the site at which the chemical sub
stance Is manufactured. As explained earlier, the definition of "site" Includes
each contiguous property unit where a
chemical substance Is manufactured or processed whether or not such site Is in dependently owned or operated. There
may be more than one estafatishment, In cluding subsidiaries or branches of a given company, at one site. The chem ical substances manufactured at *> site may all be reported on one form with the site address provided.
Paragraph (d) (3) of | 719.5 would re quire manufacturers to designate whether they manufacture and process a chemical substance only within a site
and do not distribute the chemical sub stance, or any mixture or article contain
ing that substance, for commercial pur
poses outside that site. In most cases these chemical substances would be con
sumed by chemical reaction In the man
ufacture of another chemical substance. The exposure to such chemicals would
be limited to persons Involved In the manufacture, processing, and use at that site and Immediate environs. Intermedi ates and catalysts would mast hkety
form the greatest percentage of these chemical substances. However, this pro vision would also apply to any other chemical substances which are not dis tributed In commerce outside that stte.
Section 710.5(d) (4) would require that manufacturers and Importers report the amount of each chemical substance man
ufactured or imported In calendar year 1978. Alternatively, if the chemical sub
stance was not manufactured or Im ported during 1978, a manufacturer or Importer would either report the amount manufactured or imported during 1971
or the projected amount during 1977. D there has been no manufacture or im portation since January 1, 1975, a man ufacturer or importer should report the
amount distributed to ethers for any
purpose since that date. Processors
would not be permitted to report
amounts processed in order to avoid
double-counting.
'
EPA is considering requiring that all
production amounts be expressed In
pounds. EPA would appreciate alterna
tive suggestions for cases where conver
sion to pounds appears unreasonable.
As one alternative, persons would re
port amounts above five thousand
pounds to only two significant figures.
That is, only the first two figures of a
six-figure number would be reported,
such as 590,000 Instead of 580,272. In
stead, EPA could use a one-dlglt code
to require reporting of the range of pro
duction volume. For
produc
tion levels of 1,000 to 10,000 pounds
would be reported by "1"; 10,000 to
50.000 reported by "2"; and so forth.
While this approach may be easy to
use, the results may not be as valuable
since the imprecision of the ranges
would be compounded when the produc
tion amounts are aggregated. As a third
alternative, EPA could require report
ing production accurate to within tea
FEDERAL REGISTER, VOL. 42, NO. 141--TUESDAY, AUGUST 2, 1977
ton*aa
j
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39188
PROPOSED RULES
percent of the production. EPA would appreciate comment* on these or other possible alternative way* of reporting production.
m addition, the reproposal at 1710.4 (e) would permit an Importer to au thorise hi* foreign suppUer(s) to re port on hi* behalf. For several reason*.
Including Issue* of confidentiality, lmporters often do not know exactly what they are Importing. Because EPA's Juris diction under T8CA extends only to Im porters, and not to their foreign sup pliers, ZPA will hold the importers liable
for compliance with these reporting rules. However, the foreign suppliers will be permitted to act as agents for the Importers with the latter remaining le gally liable for their reports. To do so, the foreign suppliers must sign declara tions on the reporting forms, and the
Importers must endorse these declara tions. This approach 1s similar to that already followed by the UB. Bureau of Customs m some of Its 40 CFR Part IS
regulations.
CONVmXNTlALZTT
The expanded scope of these regula tions would significantly Increase the
number of possible claims of confiden tiality that persons reporting may make. Section 14 of T8CA provides that EPA must not disclose Information which Is exempt from mandatory disclosure under the Freedom of Information Act
(5 UB.C. 662(b)(4)). EPA has regula tions dealing with the confidentiality of business Information in Part 2, Subpart B of Title 40 of the Code of Federal 'Regulations (40 CFR Part 2; 41 FR
36008, September 1,1976), which outline the general approach taken by EPA In eaHriy with confidentiality claims.
EPA Intends to add a new section to
those regulations which will govern how
the Agency will deal with
of con
fidentiality with respect to information
obtained under TSCA. A proposed ver
sion of this new section should be pub
lished In the Fksibal Rxoistsx for pub
lic comment within the next several
months.
With respect to these reporting regu lations, 1710.7(a) lists the Items of in
formation that may be claimed as con fidential. EPA will design Its reporting forms to allow all potential confidential
ity claims to be asserted on the forms.
EPA solicits comments on the various kinds of claims that might be asserted
bo that EPA can design Its reporting forms accordingly.
Paragraphs 710.7 (b), (c), and (d) would provide that any claim of confi
dentiality must accompany the Informa tion at the time It Is submitted to the
Agency and that failure to make a claim on the reporting form could result In
disclosure by EPA. EPA will consider
only those claims that are asserted. Moreover, each company should take
Into account the possibility that EPA (or a court) might determine that some
of the Information should be released.
Thus, If more than one claim applies concerning a particular chemical sub
stance, the company should assert all
those claims. For example, If a company believes that both toe production volume of a chemical substance at a particular
site or sites and toe company-wide pro duction of that substance are confiden tial, toe company should specifically claim both of these Items as confidential.
If a company makes a *i*im in the
manner prescribed on toe form, toe In formation claimed to be confidential will
be treated In accordance with EPA's con fidentiality regulations and TSCA sec tion 14, including the 30-day notice prior to release. EPA is considering amending toe proposed reporting forms to Include statements which a company asserting
a confidentiality claim could check to substantiate Its claims. This would ex pedite toe process of making final deter minations by eliminating toe need for obtaining that Information at a later date. The success of this approach, how ever, Is dependent upon businesses as serting only Justifiable claims. If EPA
determines that a particular claim or substantiation from a company Is frivo lous, EPA will take this Into' account In making other determinations concerning that company's other claims of confi dentiality.
Section 710.7(e) of these proposed reg ulations modifies the March 9. 1977, proposal which would have required toe submission of toe following Information from a person submitting a claim as to the specific name or Identity of a chem ical substance: (1) The confidential Identity; (2) a proposed name which Is
only as generic as necessary to protect the substance's confidential Identity;
(3) a list of toe elements of toe chemical
substance and its molecular weight; and (4) a bibliography Identifying any pub lished literature and summaries of any unpublished Information concerning toe health and ecological effects and envi ronmental behavior of the chemical sub stance. These proposed regulations would require submission of only Items (1) and (2) above at toe time toe person submits the claim of confidentiality.
Some comments suggested that EPA publish on toe Inventory only a nonlnformatlve code designation instead of a generic name and list of elements of toe chemical substance and its molecular weight. As explained in toe preamble to
the March 9, 1977, proposed regulations, EPA originally proposed that toe inven tory Include these items so that the pub lic would have some indication of the
undisclosed substance. Because of toe likelihood that someone may be able to discern the Identity of a confidential chemical substance from these data, EPA
Is proposing to publish only a generic name. EPA would either publish the ge neric name as proposed or, if EPA dis
agreed with the proposed generic name,
consult with the person submitting It before publishing a revised generic name on the Inventory.
Many comments recommended that EPA not require submission of a bibli ography identifying any published liter ature because in many cases competitors
could learn the Identity of a chemical
substance by reading the referenced lit erature. Others argued that without the specific Identity of toe chemical sub stance, toe health and safety data would not be particularly useful to toe public.
Finally, some asserted that development of such a bibliography could he costly to prepare. Many suggested that EPA simply require a brief summary of known data on toe health and environmental effects of the chemical substance. Others contended that a summary would not meaningfully contribute to the public understanding of toe potential risks pre sented by toe substance. Without toe specific identity of toe chemical sub stance, the public could not verify toe Information and, according to some,, there would be a considerable possibility that toe summaries would be misleading.
For these and other reasons, EPA Is proposing to drop toe requirement that persona submit a bibliography or sum mary of the health and safety studies pertaining to toe confidential chemical substance at toe time toe claim is made. Under section 8, EPA has authority to require submission of such information for any chemical substances In com merce and could request such Informa tion after toe publication of toe Inven tory. Moreover, TSCA section 8(e) re quires submission of information which supports the conclusion that a chemical substance presents a substantial risk of injury to health or the environment. EPA would appreciate comments on this pro posal.
Altkrnativxs for Handling
CONVZDKNTIAL INFORMATION
Of the Information reported to EPA, only toe Identity of the chemical sub stances and perhaps designation of those chemical substances manufactured and used within a single site will be pub lished. The remainder of toe Information will be used by EPA for various purposes under TSCA. EPA does not anticipate that this remaining information will be routinely released to toe public. If EPA proposes to release confidential Informa tion, It will do so in accordance with EPA's confidentiality regulations.
EPA will be subject to disclosure re quests under the Freedom of Informa tion Act (FOIA, 6 UjS.C. SS2). Under the Act, EPA must respond to any request for records by either releasing toe rec ords or denying toe request because the Information is exempted from disclosure. Records may be exempt from disclosure If they are "trade secrets and commercial or financial information obtained from a person and privileged or confidential." Section 14 of TSCA makes it clear that if EPA determines that Information is exempt under 6 U.S.C. 552(b) (4), It must be kept confidential by EPA.
If a manufacturer claimed that the chemical name of a particular chemical substance Is a trade secret, EPA would be confronted with conflicting statutory provisions. Section 8(b) apparently re quires EPA to place the chemical name In the Inventory. Section 14 appears to require EPA to keep the name confiden tial (at least temporarily, until a final
FEDERAL REGISTER, VOL 42, NO. 148--TUESDAY, AUGUST 2, 1977
PROPOSED RULES
39189
determination la mad* by EPA or the cordance with 40 CFR Part 2, Subpart
courts.) In addition, the Freedom of In B, and the criteria in 40 CFR 2.208, that
formation Act required that EPA either the particular chemical Identity is en
release Information in response to a re titled to confidential treatment.
quest or provide reasons for any denial. 2. Assuming that some chemical Iden
EPA cannot refuse to answer the request. tities are temporarily (because no final
Normally, In responding to Freedom of determination has been made or because
Information requests, EPA would reply a court has enjoined EPA from disclosing
either: (1) "We have no records;" (2) the Identity) or permanently (as a result
"We have such records and are releasing of a final confidentiality determination
them;" or (3) "We have such records but by EPA or a court order) entitled to
are denying them because they consti confidential treatment, how should EPA
tute a confidential trade secret and are treat confidential chemical Identities for
exempt from disclosure." However, if the purposes of the published Inventory?
request concerned disclosure of the iden EPA perceives four positions it could
tity of a chemical substance which was take:
allegedly a trade secret, to reply that A. The inventory could be published
EPA hada record but was refusing to re with only non-confldentlal chemical sub
lease It would Inform the requester that stances in it. There would be no mention
such a substance was being manufac of confidential chemical identities. This
tured, imported, or processed for com approach would give the public no infor
mercial purposes. The result would be to mation concerning confidential chemi
reveal the trade secret by denying the cals.
request.
B. The Inventory could be published
Confidentiality assertions also pose a with non-confldentlal chemical identities
problem under section S of TSCA. Sec and generic names for those chemical
tion 5 requires anyone who proposes to substances that are entitled to confi
manufacture a new chemical substance dential treatment. The use of generic
to furnish EPA with a 90-day premanu names would inform the public in gen
facture notice, during which tflne the eral terms about what types of confi
person may not manufacture the new dential chemical substances had been
chemical substance. This delay may be reported.
even longer If a testing rule under sec C. The Inventory could be published
tion 4 requires the manufacturer to de with non-confldentlal chemical Identities
velop and submit certain test data. How and random code numbers for those
ever, if the chemical substance is on the section 8(b) Inventory, it Is not a "new
chemical substances that are entitled to confidential treatment. The use of a
substance", and the section 5 notice need random code number would not give the
not be given. If a company asserts that public any information beyond that
the name or specific Identity of a chem which would be available under A, except
ical substance Is confidential, EPA may to acknowledge the existence of confi
not be able to list that substance on the dential chemical substances.
Inventory, and all other manufacturers D. The Inventory could be published
would have to give premanufacture with only non-confldentlal chemical
notification.
identities appearing on it and a notice
EPA has not decided how it will deal
with these contradictory statutory re quirements in the face of a claim that the identity of a chemical substance Is
confidential. Four Issues arise that EPA must consider before deciding which ap proach to take. The Issues are set forth below with a discussion of the options
available under each: 1. What chemical substances' identities
should be determined by EPA to be en titled to confidential treatment? EPA
perceives three positions it could take: A. No chemical identity Is entitled to
confidential treatment.
B. Only chemical identities of those
chemical substances that are manufac tured and used within one site and not distributed for a commercial purpose outside that site may be entitled to con fidential treatment.
C. Any chemical identity may be en titled to confidential treatment.
that some chemical substances were re ported that are confidential. This ap proach would give the public no more information than A or C.
3. Assuming that some chemical names are temporarily or permanently entitled to confidential treatment and that EPA is, therefore unable to publish the chem ical identities on the section 8 Inventory list, how are present and future manu facturers to be treated under section 3 of TSCA? EPA perceives four positions it could take:
A. If a manufacturer proposed to man
ufacture a chemical substance that did not appear on the inventory and asked
EPA whether it was one of the reported confidential chemical substances, EPA could tell the manufacturer whether the chemical substance had been reported. If it had been reported, the manufacturer
would be exempt from requirements of section 5(a), as would the manufacturer that originally reported the chemical
If EPA decided that some or all of the substance.
chemical identities claimed as confiden B. If a manufacturer proposed to man
tial were not entitled to confidential ufacture a chemical susbtance that did
treatment, companies would be given the not appear on the inventory and asked
30-day notice required in section 14 of EPA whether it was one of the reported
the Act. Before determining that a par confidential chemical substances, EPA
ticular chemical identity was entitled to could refuse to answer the question. EPA
confidential treatment, EPA would have would require the manufacturer to give
to make a specific determination, In ac premanufacture notification under sec
tion 5(a), and the manufacturer would not be able to begin manufacturing for at least 90 days. The manufacturer that originally reported the chemical sub
stance would be exempt from section 5(a). This approach would treat the two manufacturers unequally allowing one to
manufacture its chemical substance
without delay or interruption while re quiring the other to undergo premanu facture notification and a 90-day delay.
Section 5 speaks In terms of "new chem ical substances." This substance would not be "new" since it was already re ported for the Inventory.
C. If a manufacturer reported a con fidential chemical substance for the in ventory, EPA could require the manufac
turer to give premanufacture notification under section 5(a) and to cease manu facture for at least 90 days. If another manufacturer later proposed to manu
facture the same chemical substance, EPA would require that the manufac turer give premanufacture notification and wait at least 90 days before starting manufacture. This approach would treat the two manufacturers equally. However, it would impose a burden on the first manufacturer reporting the chemical substance for the Inventory in that it
would have to stop manufacturing even though it may have been manufacturing the substance for some time before the inventory.
D. If a manufacturer reported a con
fidential chemical BUbstance for the In ventory, EPA could require the manu facturer to give premanufacture notifica tion. However, EPA would not require the manufacturer to cease manufacture for
90 days. If another manufacturer later proposed to manufacture the same chemical substance, EPA would require
that manufacturer to give premanufac ture notification and wait at least 90 days before starting manufacture. This ap proach would give the first manufac turer reporting the chemical substance an advantage by allowing him to con
tinue manufacture. Section 5(a) states that no person may manufacture a new chemical substance without giving notice at least 90 days before beginning manu
facture. This approach would violate section 5.
4. Assuming that some chemical iden tities are temporarily or permanently
entitled to confidential treatment, how
is EPA to answer Freedom of Informa tion requests for disclosure of records concerning confidential substances? EPA perceives two positions it could take:
A. If a request were made for dis closure of records concerning a reported chemical substance, the chemical identi fy of which was entitled to confidential treatment, EPA could reply: "EPA has such a record, but the request is denied because the record contains trade secrets that are exempt from disclosure by vir tue of 5 UJB.C. 552(b)(4)." If a re quest were made for disclosure of records concerning a chemical substance that had not been reported, EPA would reply: "EPA has no such record." The result of this type of answer would be to con firm whether a particular chemical sub
FEDERAL REGISTER, VOL. 42, NO. 148--TUESDAY, AUGUST 2, 1977
39190
PROPOSED RULES
stance had been reported for the In associations acting as agents for manu will make other amendments as appro
ventory and, therefore, was being manu facturers, processors, or Importers, and priate.
factured, imported, or processed for (4) those manufacturers, processors, or (b) Section 15(3) of TSCA makes it
commercial purposes.
importers certiflylng to trade associa unlawful for person to .fail or refuse
B. If a request were made for dis tions that a given chemical substance to submit Information required under closure of records concerning a particu was manufactured, imported, or proc these reporting regulations. In addition,
lar chemical substance that did not ap essed for a commercial purpose slnee section 15(3) makes it unlawful for any
pear on the Inventory by chemical Iden January 1, 1975.
person to fall to keep, and permit ac
tity, EPA could reply: "The request Is denied either because the record in ques
Economic Impact Analysis Statsmint
cess to, records required by these regu lations. Section 16 provides that a viola
tion is exempt from mandatory disclosure EPA has determined that the regula tion of section 15 renders a person liable
by virtue of 5 U.S.C. 552 (b) (4) or be cause EPA has no such record." This
tion does not require the compilation of an Economic Impact Analysis Statement
to the United States for a civil penalty and possible criminal prosecution. Pur
same answer would be given whether or as required by Executive Order 11821. suant to section 17, the Government may
not the chemical substance In question This determination is based on the cost seek judicial relief to compel submittal
had been reported to EPA. In this way EPA would be able to give an answer that would allow the requester to pursue any judicial remedies under the freedom of Information Act. At the same time, EPA would not have disclosed whether the particular chemical substance was being manufactured, imported, or processed for commercial purposes.
Any combination of the options under the four issues set forth above might be
selected In the final approach taken by EPA. EPA Intends to evaluate the ad vantages and disadvantages of these op
estimate for compilation of the inventory as originally proposed and an estimate
of the additional burden created by the added reporting requirements. EPA has
not completed an adequate analysis of the cost of complying with the require ments of this regulation because of the lack of time between the decision to repropose these regulations and the
actual date for reproposal of the regula tions. EPA Is obtaining a better east estimate at this time and will perform an
Economic Impact Analysis If the cost ex ceeds the criteria for a major action, in general, $100 million annual cost. A dis
of section 8(a) information and to otherwise restrain any violation of sec tion 8(a). '
(c) Each person who reports under these regulations shall permit access to, and the copying of, records that docu ment information reported under these regulations.
8 710.2 Definitions.
For the purposes of this part, the fol lowing terms shall have the meaning contained in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 321, and the reg ulations issued under such Act: "cos
tions before determining how to handle claims of confidentiality under the In ventory reporting. EPA would appreciate
comments concerning the various alter natives mentioned here and any other
possible approaches.
cussion of the cost will accompany the final regulation.
The Environmental Protection Agency has determined that this document does not contain a major proposal requiring preparation of an Economic Impact
metic," "device," . "drug," "food," and
"food additive." In addition, the term "food" includes poultry and poultry
products, as defined in the Poultry Prod ucts Inspection Act, 21 U.S.C. 453; meats
and meat food products, as defined in the
Entoecxment Liabllitt
Analysis Statement under Executive Federal Meat Inspection Act, 21 U.S.C.
Because of the great Importance of
compiling a sound data base on the chemical substances in commerce, the Agency considers violation of these re porting requirements to be a serious vio lation of TSCA. Section 15(3) (B) of
Order 11821 and OMB Circular A-107.
Dated: July 27. 1977.
Douglas M. Costls, Administrator.
Parts 700 and 710 as previously pro
60; and eggs and egg products, as defined in the Egg Products Inspection Act, 21
U.S.C. 1033. The term "pesticide" shall have the meaning contained in the Fed eral Insecticide, Fungicide, and Rodenti-
cide Act, 7 U.S.C. 136, and the regula tions issued thereunder. The following
TSCA makes it "unlawful for any person posed are withdrawn, and It Is proposed terms shall have the meaning contained
to fall or refuse to submit reports, no to establish a new Part 710 to read as in the Atomic Energy Act of 1954, 42
tices, or other information, as required follows:
U.S-C. 2014, and the regulations issued
by this Act or a rule thereunder." Sec tion 16(a) provides for civil penalties
of up to $25,000 for each violation of section 15. Section 16(b) provides that criminal penalties of not more than
PART 710--INVENTORY REPORTING Sec. 710.1 Scope and compliance. 710.2 Definitions. 710.3 Applicability: Who must report; who
thereunder: "nuclear byproduct mate
rial," "nuclear source' material," and "special nuclear material." In addition,
"Act" means the Toxic Substances Con trol Act, 15 U.S.C. 2061, et seq.
$25,000 for each day of violation, or
may report; who.may not report. "Administrator" means the Adminis
Imprisonment for not more than one 710.4 Scope ol the Inventory.
trator of the U.S. Environmental Protec
year, may be imposed on "any person 710.6 How to report for the Inventory.
tion Agency or any employee of the
who knowingly or willfully violates any 710.6 When to report. provision of section 15." Section 17(a) 710.7 Confidentiality.
Agency to whom the Administrator may either herein or by order delegate his
authorizes specific enforcement to re Authority: Subsection 8(a), Toxic Sub authority to carry out his functions, or
strain any violation of section 15 and to stances Control Act (BO Stat. 2003) (16 V-S-C. any person who shall by operation of law
compel the taking of any action required 2601 et seq.).
be authorized to carry out such func
by or wider this Act.
710.1 Scope and compliance,
tions.
The Agency considers the most serious violations of these reporting require ments to include the following: (1) Failure to report information required under the regulation; (2) falsification of information reported under the regula tion; and (3) reporting of chemical substances which are specifically ex cluded from the inventory, such as chemical substances manufactured sole ly in small quantities for research and development.
Enforcement liability attaches to any person submitting a report for the In
ventory, including (1) those required to report, (2) manufacturers, importers, or
(a) This part establishes regulations governing reporting by certain manu facturers, processors, and Importers of chemical substances under section 8(a) of the Toxic Substances Control Act (15 U.S.C. 2607). That subsection re quires EPA to issue regulations for the purpose of compiling the Inventory of chemical substances manufactured or processed for a commercial purpose, as required by section 8(b) of the Act. In
accordance with section 8(b), EPA periodically will amend the inventory to include chemical substances which are
manufactured, processed, or Imported
An "article" is a manufactured item (a) which is formed to a specific shape or design during manufacture, (b) which
has end use functlon(s) dependent in whole or in part upon its shape or design during end use, and (c) which is func tional in its end use(s) without change of chemical composition during its end
use; except that (d) fluids and particles are not considered articles regardless of shape or design.
"Byproduct" means a chemical sub stance produced without separate com mercial intent during the manufacture
or processing of other chemical substance(s) or mixture(s).
processors who are not required to re for commercial purposes; will revise the "Chemical substance" means any or
port, but voluntarily do so, (3) trade categories of chemical substances; and ganic or inorganic substance of a par-
FEDERAl REGISTER, VOl. 42, NO. 148--TUESDAY, AUGUST 2, 1977
PROPOSED RULES
39191
tauter molecular Identity including (a) combination of such substances oc-
ZZtiDg in whole or m part as a result af a chemical reaction or occurring in nature and (b> any chemical dement XT uneombined radical, and (e) except fljat "chemical substanod* does not
include: (1) Any mixture, (g) Any pesticide when manufactured,
processed, or distributed in commerce for
use as a pesticide, (3) Tobacco or any tobacco product,
but not Including any derivative prod
ucts, (4) Any nuclear source material, spe
cial nuclear material, or nuclear by
product material, (A) Any pistol, firearm, revolver,
shells, and cartridges, and (5) Any food, food additive, drug,
cosmetic, or device, when manufactured, processed, or distributed in commerce for use as a food, food additive, drug, cosmetic, or device.
"Commerce" meant trade, traffic,
transportation, or other commerce (a) between a place in a State end any place outside of such State, or (b) which af fects trade, traffic, transportation, or commerce described In clause (a).
"Distribute in commerce" and "distri bution In commerce" when used to de scribe an action taken with respect to a chemical substance or mixture or article containing a substance or mixture mean to sell or to transfer the ownership of the substance, mixture, or article In com merce, to Introduce or deliver for Intro duction Into commerce, or the Introduc tion or delivery for Introduction Into commerce of the substance, mixture, or article; or to hold, or the holding of, the substance, mixture, or article after its introduction into commerce. '
"EPA" means the TIB. Environmental Protection Agency.
"Establishment"' means an economic
unit, generally at a single site, as defined for purposes of the Standard Industrial Classification of Establishments. There may be more than one establishment at a single site.
"Importer'' means any person who im
ports any chemical substance Into the customs territory of the UB. and in cludes: (a) The person primarily liable for the payment of any duties an the merchandise, or (b) an authorised agent acting an his behalf (as defined In 19 cm 1.11).
"Impurity" means a chemical sub stance which is unintentionally present with another chemical substance.
"Intermediate" means any chemical substance (a) which is deliberately pres ent In a chemical reaction sequence used to manufacture' or process another chemical substance, (b) whose presence is known or reasonably ascertainable,
and (c) which could be Isolated and Identified under conditions which are practically encountered in the environ ment.
"Manufacture" means to produce or manufacture in the United States or import Into the customs territory of the United States.
"Manufacture, process, or Import Tor the development of a product" (herein
commercial purposes'" means to man after sometimes shortened to "small
ufacture, process, or import
quantities for research and develop
(a) Pot distribution In commerce,
ment") means quantities of a chemical
<b> For use as a catalyst or an Inter substance manufactured or processed or
mediate,
proposed to be manufactured or proc
(c) Rjt use by the manufacturer, or <d) Par teat marketing purposes. "Mixture" means any combination of
essed that (a) are no greater than rea
sonably necessary for such purposes wad (b) after (the effective date of premann-
two or more chemical substances if the combination does not occur m nature
and Is not, in whole or in part, the re sult of a chemical reaction; except that
"mixture" does include (a) any combi nation which occurs, in whole or in part, as a result of a chemical reaction If none of the chemical substances comprising
the combination is a new chemical sub
stance and If the combination could have been manufactured for commercial
facture notification requirements), are used by, or directly under the supervi
sion of, a technically qualified lndlvidual(s).
"State" means any 8tate of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Vir gin Islands, Guam, the Canal Zode, American Samoa, the Northern Mariana Islands, or any other territory or posses
sion of th* United States.
purposes without a chemical reaction at "Technically qualified Individual"
the time the chemical substances com means a person who, because of his edu
prising the combination were combined, cation. training, or experience, or a com
(b) hydrates of a chemical substance or bination of these factors. Is capable of
hydrated Ions formed by association of appreciating the health and environ
a chemical substance with water.
mental risks associated with exposure to
"New chemical substance" means any the chemical substance which Is used
chemical substance which is not includ under his supervision, and who (a) Is re
ed In the Inventory compiled and pub sponsible for enforcing appropriate
lished under subsection 8(b) of the Act. methods of conducting scientific experi
"Person" means any natural or Juridi mentation, analysis, or chemical re
cal person Including any individual, cor search in order to minimize such risks
poration, partnership, or association, any and (b) is responsible for the safety as
State or political subdivision thereof, or sessments and clearances related to the
any municipality, any Interstate body procurement, storage, use, and disposal
and any department, agency, or instru of the chemical substance as may be ap
mentality of the Federal Government. propriate or required within the scope of
"Process" means the preparation of a conducting the research and develop
chemical substance or mixture, after Its ment activity.
manufacture, for distribution in com "Test marketing" means the distribu
merce (a) in the same form or physical tion of no more than a predetermined
state as, or in a different form or physi amount of a chemical substance, or mix
cal state from, that in which It was re ture or article containing that chemical
ceived by the person so preparing such substance, by a manufacturer or proc
substance or mixture, or (b) as part of essor to no more than a defined number
an article containing the chemical sub stance or mixture.
"Processor" means any person who processes a chemical substance or mix ture.
"Site" means each contiguous prop erty unit where a chemical substance is manufactured or processed whether or
of potential customers to explore market capability m a competitive situation dur ing a predetermined testing period prior
to the broader distribution in commerce. "United States," when used In the geo
graphic sense, means all of the States, territories, and possessions of the United States.
not such site is independently owned or 710.3 Applicability: Who must report;
operated. Property divided only by a
who may report; who may not report.
public right-of-way shall be considered one site. For the purposes of imported chemical substances, the site shall be the businms address of the importer.
"Small manufacturer or importer"
means a manufacturer who (a) has only a single manufacturing site, and either (b) has total annual sales of less, than $100,000, based on the manufacturer's latest complete fiscal year or (c) has no more than 2,000 pounds annual produc tion (l.e., amount manufactured and im ported) of each manufactured chemical substance. In the case of a company,
which is owned or controlled by another company, such factors would apply to
the parent company and all companies owned or controlled by It taken together.
Paragraphs (a), (b), and (c) of this section identify the persons subject to these requirements with respect to re porting chemical substances in accord ance with S 710.4. Paragraph (d) of this section Identifies the persons who may not report chemical substances for the Inventory.
(a) Who Is Required to Report--(1) Manufacturers. Any person who manu factures, or has manufactured since January 1,1977, a chemical substanbe(s) for a commercial purpose in an estab
lishment included In the Chemical and Allied Products sector (as defined by Standard Industrial Classification (SIC) Major Group 28) or Petroleum Refining sector (as defined by 8IC Group 2911)
"Small quantities for purposes of sci must report concerning the chemical
entific experimentation or analysis or substance(s) manufactured in that es
chemical research on, or analysis of, tablishment.
such substance or another substance. In (2) Importers. Any person who Im
cluding any such research or analysis for ports, or has imported since January 1,
FEDERAL REGISTER, VOL 42, NO. 14S--TUESDAY, AUGUST 3, 1977
39192
PROPOSED RULES
1977, a chemical substance(s) Into the (b) Naturally occurring chemical sub (6) Any chemical substance which is
United States for a commercial purpose stances automatically included. Any the result of a chemical reaction that oc
must report concerning that chemical chemical substance which is naturally curs upon use of curable plastic or rub
substance(s).
occurring and which is either unprocess ber molding compounds, inks, drying oils,
(b) Who may report. (1) In addition ed or processed only by manual, metal finishing compounds, adhesives,
to those persons required to report by mechanical, or gravitational means; by paints, or other chemical substances used
paragraph (a) at this section, any per dissolution in water; or by heating solely to manufacture an article destined for
son who has manufactured, imported, or to remove water, shall be automatically the marketplace without further chem
processed a chemical substance for a included in the inventory under the cate ical change of the chemical substance
commercial purpose since January 1, gory "Naturally Occurring Chemical except for those chemical changes that
1975 may report concerning that chemi Substances." Examples of such sub may occur as described elsewhere in this
cal substance.
stances are: (1) Raw agricultural com paragraph.
(2) If a person manufactured or im modities; (2) water, air, natural gas, and (7) Any chemical substance which oc
ported a chemical substance prior to crude oil; and (3) rocks, ores, and miner curs as the result of a chemical reaction
January 1, 1975 but the substance was als.
-
when a stabilizer, colorant, odorant, an
processed after that date, he may report (c) Substances excluded by definition tioxidant, filler, solvent, carrier, surfac
that substance for the Inventory if he or Section 8(b) of TSCA. The following tant plasticizer corrosion inhibitor,
certifies that the substance was proc substances are excluded from the antifoamer or de-foamer, dispersant,
essed after January 1,1975.
inventory:
precipitation inhibitor, binder, emulsi
(3) A trade association may report on (1) Any substance which is not con fier, de-emulsifier, dewatering agent, ag
behalf of any person who would be per sidered a "chemical substance" as pro glomerating agent, adhesion promoter,
mitted to report under paragraphs vided in subsection 3(2) (B) of the Act flow modifier, pH neutralizer, seques-
(b) (l) and (2) of this section. For every and in the definition of "chemical sub trant, coagulant, flocculant, fire retard
chemical substance reported by a trade stance" in i 1102.
ant, lubricant, chelating agent, quality
association, at least one manufacturer, (2) Any mixture as defined in ! 710.2. control reagent, or a chemical substance
processor, or importer must have certi This term will include alloys, inorganic which is solely Intended to Impart a
fied to that trade association, and be glasses, ceramics, frits, and cements, in specific physico-chemical characteristic
able to document to EPA in accordance cluding Portland cement.
functions as intended.
with { 710.1(c), that the chemical sub stance was manufactured. Imported, or
(3) Any chemical substance manu factured. imported, or processed solely
710.5
How to report.
processed for commercial purposes since in small quantities for research and de (a) General instructions. (1) Except
January 1, 1975.
velopment, as defined in S 710.2.
for small manufacturers or Importers,
(c) Who may report after publication (d) Chemical substances excluded any person who is required to report un
of the inventory. During the 120-day pe from the inventory. The . following der section 710.3(a) shall follow the re
riod after the first publication of the chemical substances are excluded from porting procedures of paragraphs (b),
inventory, any person who has proc the Inventory Insofar as they are not (c) , and (d) of this section.
essed or used a chemical substance (in manufactured for distribution in com (2) Any person who chooses to report
cluding the manufacture of a mixture merce as chemical substances per se and under t 710.3(b) shall follow the report
or article containing that chemical sub have no commercial purpose separate ing procedures of paragraphs (b), (c),
stance) for a commercial purpose since from the mixture or article of which they and (d) (3) of this section. In addition,
January 1, 1975 may report that chemi may be a part.
the Agency encourages those persons to
cal substance if it was not included in the Inventory.
Not*.--In addition, enemies! substances excluded here would not be subject to pre
report in accordance with paragraphs (d) (1), (d)(2), and (d)(4 of this sec
Not*.--Premanufacture notification re quirements under section 5 for manufac turers and Importers of new chemical sub stances will begin thirty (30).days after the first pubUcatlon of the Inventory and will apply to an chemical substances not Included on the first Inventory.
manufacture notification under section S of the Act.
(1) Any impurity. (2) Any byproduct which has no com mercial purpose.
Not*.--A byproduct whlcb has commer
tion. A trade association may report ag gregated production data under para graph (d) (4) of this section.
(3) Any person who is required to re
port under S 710.3(a) and who is a small manufacturer or Importer as defined in
! 710.2 shall follow the reporting proce
(d) Who may not report. (1) No person
may report any chemical substance
which is automatically Included In the
inventory under } 710.4(b).
*
- (2) No person may report any chemi
cal substance which is excluded from the
cial value to municipal or private organiza
tions who (1) burn It as a fuel. (11) dispose of
It as a waste, including In a landfill or for
enriching sou, or (111) extract component
chemical substances which may have some
commercial value, may be Included on the
Inventory.
'
dures of paragraphs (b), (c), and (d) (1) and (d> (3) of this section. In ad
dition, the Agency encourages small
manufacturers to report in accordance with paragraphs (d) (2) and (d) (4) of this section.
inventory under paragraphs (c) or (d) of { 710.4.
(3) No person may report any chemi cal substance which has not been manu factured, processed, or imported for a commercial purpose since January 1, 1975.
710.4 Scope of the Inventory,
(3) Any chemical substance which is the result of a chemical reaction that may occur incidental to exposure of an other chemical substance, mixture, or article to environmental factors such as air, moisture, microbial organisms, or sunlight.
(4) Any chemical substance which is
(b) Reporting the identity of a chem
ical substance. (1) To report a chemical substance, a person shall first consult the TSCA Candidate List of Chemical
Substances and any amendment to the Candidate List
(2) To report a chemical substance found in the Candidate List, or in an amendment to the List, a person must
(a) Chemical substances subject to these regulations. The following chemi cal substances are manufactured, im ported, or processed "for a commercial purpose";
Chemical substances which are manu factured, imported, or processed
(1) For distribution in commerce.
(2) For use as a catalyst or as an intermediate,
the result of a chemical reaction inci
dental to storage of a chemical substance or mixture.
(5) Any chemical substance which is the result of a chemical reaction that may occur upon end use of other chem ical substances or mixtures such as ad hesives, paints, miscellaneous cleansers or other housekeeping products, fuels and fuel additives, water softening and treatment agents, and which is not Itself
complete, sign, and submit EPA inven tory reporting Form A (EPA Form No. --).
(3) To report a chemical substance not found in the Candidate List, or in an amendment to the list, a person must complete, sign and submit EPA inven tory reporting Form B (EPA Form No.
(4) For assistance in using the Can didate List or the reporting forms, eon-
(3) For use by the manufacturer, or manufactured for distribution in suit "Guide to the Use of the TSCA Can
(4) For test marketing purposes.
commerce.
didate List of Chemical Substances and
FEDERAL REGISTER, VOL. 42, NO. 148--TUESDAY, AUGUST 2, 1977
PROPOSED RULES
39193
Tsitructioos for Reporting" published In
Tp(Lcp)nRrtieTpAorotinl tghepsoelyrmegeurla. t(io1n) sT. o report
. ooiymer a person must list In the de^HnUon or the polymer composition at least those monomers used at greater
two weight percent m the manufac
ture of the polymer.
(2) Those monomers used at two weight percent or lees In the manufac ture of the polymer may be Included as part of the description of the polymer composition.
(3) Tor purposes of this paragraph,, the "weight percent" of a monomer is the weight of the monomer expressed as a percentage of the weight of the poly meric chemical substance manufactured.
(d) Reporting other intonmathm\oneerhing a chemical substance. (1) Desig nate whether the person manufactures, processes and/or Imports the chemical substance.
(2) Report the slte(s) at which the person manufactures, processes, and/or Imports the chemical substance,
(3) Designate whether the person manufactures and processes the chemi cal substances only within a site and does not distribute the chemical substance, or any mixture or article containing that substance, for commercial purposes out side that site.
(4) Report the amount of the chemical substance which the person manufac tured at each site and/or imported dur ing calendar year 1976. If the person did not manufacture or import the chemical substance during 1976, report the amount manufactured and/or Imported during 1975 or projected for 1977. If there has been no manufacture or Importation
since January 1,1975, report the amount distributed to others for any purpose since that date. .
(e) Importers. (1) Any Importer who Is required to report or who chooses to report a chemical substance for the In ventory may authorize the foreign sup plier of an Imported chemical sub stance (s) to report to EPA on behalf of the Importer If both the foreign supplier and the Importer sign the declarations provided on the reporting form.
(2) The Importer has the ultimate re sponsibility for reporting all information required by this part and for the com pleteness and truthfulness of such Infor mation. If certain Information Is not or cannot be provided by the foreign sup plier, It must be provided by the im porter.
S 710.6 When to report.
(a) All reports concerning chemical substances manufactured, processed, or Imported for a commercial purpose dur ing the period January 1, 1975 to (the effective date of these regulations) shall be submitted by (90 days after the effective date of these.regulations).
(b) All reports concerning chemical substances which are manufactured, processed, or Imported for a commercial purpose for the first time during the pe riod (the effective date of these regula tions) to (the effective date of premanu facture notification regulations) shall be submitted when such manufacturing, processing, or Importation begins.
g 710.7 Confidentiality.
(a) A manufacturer. Importer, or processor may claim that for a particu
lar chemical substance any or all of the
following Items of Information submitted under this part are entitled to confiden tial treatment:
(1) Company name. (3) 81to.
(3) The specific chemical name or identity.
(4) Whether the chemical substance Is
manufactured. Imported, or processed. (5) Whether the chemical substance Is
manufactured and processed only with in one site and not distributed lor commerlcal purposes outside that site.
(6) The quantity manufactured, im ported, or processed.
(b) Any claims of confidentiality must accompany the information at the time It la submitted to EPA. The claims must appear on the form on which the In formation Is submitted to EPA and In the maimer prescribed on tile form.
(c) Any Information that Is covered by a claim made as specified will be disclosed by EPA only to the extent per mitted by, and by means of, the proce dures set forth In Part 2 of this title (41 FR 36902).
(d) If no claim accompanies the in
formation at the time It Is submitted to EPA, the Information may be made public by EPA without further notice to the submitter.
(e) If a claim of confidentiality is as serted concerning the specific chemical name or Identity of a particular chemical
substance, the person malting the claim shall furnish'EPA with (1) the specific chemical name and Identity and (2) a
proposed generic name which Is only as generic as necessary to protect the con
fidential identity of the - particular chemical substance.
[PR Doc.77-33107 Plied 7-38-77; 11:02 am]
, FtDERAl HOISTH, VOL 42, NO. 14S--TUtSDAV, AUGUST 2, 1977
STANDARD INDUSTRIAL CLASSIFICATIONS GROUPS 28 AND 2911
CHEMICALS AND ALLIED PRODUCTS; PETROLEUM REFINING
2812 2813 2816 2819 2821 2822 2823 2824 2831 2833 2834 2841 2842 2843 2844 2851 2861 2865 2869 2873 2874 2875 2879 2891 2892 2893 2895 2899
Alkalies and chlorine Industrial gases Inorganic pigments Industrial inorganic chemicals Plastics materials and resins Synthetic rubber Celluloslc man-made fibers Organic fibers, noncellulosic Biological products Medicinals and botanicals Pharmacuetical preparations Soap and other detergents Polishes and sanitation goods Surface active agents Toilet preparations Paints and allied products Gum and wood chemicals Cyclic crudes and intermediates Industrial organic chemicals Nitrogenous fertilizers Phosphatic fertilizers Fertilizers, mixing only Agricultural chemicals Adhesives and sealants Explosives Printing ink Carbon black Chemical preparations
2911 Petroleum refining
TOXIC SUBSTANCES CONTROL ACT: PROPOSED INVENTORY REPORTING REGULATIONS
As published in the Federal Register on August 2, 1977 by the U. S. Environmental Protection Agency
(August 4, 1977)
The following are a few questions and answers to explain the major changes in the reproposed inventory reporting regulations published in the Federal Register on August 2, 1977. You should be sure to read the preamble and regulations themselves for complete information. EPA wel comes comments on the proposed regulations and may modify them accord ingly before publishing the final regulations around November 1, 1977.
(1) Q. Where can I get a copy of the reproposed regulations?
A. The reproposed regulations were published in the Federal Register on August 2, 1977, volume 42, Part II, beginning on
page 39182. Copies are available from EPA's Regional Offices and from Mr. John B. Ritch, Jr., Director, Industry Assistance Office, Office of Toxic Substances (TS-788), Environmental Protection Agency, 401 M Street, S.W., Washington, D.C., 20460. (202) 755 0535.
(2) Q. How can I get a copy of the Toxic Substances Control Act (TSCA) or be included on a mailing list to receive copies of
any future regulations or information published by EPA concerning TSCA?
A. You should contact the Industry Assistance Office at the address provided in question (1).
(3) Q. Why has EPA reproposed the inventory reporting regulations?
A. The reproposed regulations modify the initial proposal by requiring reporting not only of the names of the chemical
substances in commerce but also certain other information, such as (1) production quantities, (2) manufacturing sites, and (3) desig nation of chemical substances manufactured and used solely within the manufacturing site, such as intermediates.
This additional information will enable EPA and other agencies to select chemical substances for further action under TSCA or other authorities at minimal additional reporting burden to indus try. In particular, with this information the Agency will be in a position to move forward on several key actions. Firstly, the Administrator has outlined subsequent phases for reporting on selected chemical substances. Selection of these chemicals must
take into account their potential for human and environmental exposure and therefore requires knowledge of production volume and
the extent of environmental distribution. Secondly, with the information concerning whether the use of a chemical substance is now limited to one site+ EPA could review, by means of a signifi cant new use notice under Section 5_ of the. Act-, any new uses which
may result in widespread distribution of that chemical substance. Thirdly, the information will provide a data base that can be used
by EPA's Regional Offices, for example, to determine the possible
sources of a chemical substance that may be presenting a serious environmental or health hazard due to a spill or other accidental
discharge. Interested persons will have an opportunity to comment on the
regulations in writing or orally at a public meeting on August 24, 1977, in Washington, E.C.
Q. Bow do the newly proposed regulations differ from those
published on March 9, 1977?
A. The revised proposed regulations modify the earlier. version in several ways. In addition to changes intended to make the
regulations easier to understand, EPA made some substantive changes, as follows:
(1) All persons who are required to report must not only
identify the chemical substances they manufacture, but report certain additional information, such as (a) production quantities, (b) manufacturing site, and (c) whether a chemical substance is
manufactured and used solely within the manufacturing site, i.e. is not distributed as a commercial chemical substance or as part of a mixture or article outside the manufacturing site.
(2) Only manufacturers of chemical substances whose establish ments are included among the approximately 20,000 establish ments in Standard Industrial Classification Major Group 28 (Basic Chemicals and Allied Products) or Group 2911 (Petroleum Refining) must report. (3) Manufacturers whose establishments are not within SIC groups 28 or 2911 are not required to report. However, these
manufacturers should be sure that their chemical substances are
included on the inventory since any chemical substance not included on the initial inventory will be subject to premanufacture notifi cation requireioents as a "new" chemical substance. These manu facturers may report or authorize a trade association or other representative to report on their behalf.
(4) There will be a 120-day reporting period after the pub lication of the initial inventory during which processors and
users of chemical substances may report. Thus, if a manufacturer
fails to report a chemical substance and it is therefore not included on the inventory, any processor or user of that substance may report that substance during this additional period.
(5) Chemical substances which have been manufactured or processed for commercial purposes in the United States since January 1, 1975 (rather than since July 1, 1974, as origin ally proposed) may be included on the inventory.
.. (6) Importers must report chemical substances imported in
bulk into the United States since January 1, 1977, but do not
have to report chemical substances that are part of the articles
which they import, as originally proposed.
(7) All chemical substances which are included in the cate
gory of "naturally occurring substances" will be automatically
included on the inventory. This category will include any sub
stance which is extracted from nature by mechanical, gravitational,
or manual means, by dissolution in water, or by drying solely to
remove water. Any substance extracted by these means from a natur
ally occurring substance will also be included under this category
and need not be reported for the inventory. This category includes
rocks, ores, and minerals, Under the earlier proposal only those
minerals in an appendix to the Candidate List would have been
automatically included. Under these proposed regulations, minerals
which are extracted from nature by the means described above would
be automatically included.
.
15) Q.
Should I consult the proposed regulations pi&lished in the FEDERAL REGISTER on March 9, 1977, as well as those published on August 2, 1977?
A. EPA published the full text of the proposed regulations in the
FEDERAL REGISTER on August 2, 1977 (42 FR 39181). However, some provisions of the proposed regulations are not discussed in
the preamble of the August 2 publication. If you have any ques tions concerning provisions that may not be explained in that preamble, you should consult the preamble to the earlier proposal published on March 9, 1977 (42 FR 13130). In addition, you should consult the other notices published in the FEDERAL REGISTER as described in the August 2, 1977 notice under the heading, "Sup plementary Information." If you have further questions, you may
phone or write to the Industry Assistance Office (See guestion 1.).
(6) Q. Can I comment on any aspect of the proposed regulations?
A. Yes, EPA welcomes comments on any aspects of the proposed regulations. As stated in the preamble to the August 2, 1977
proposal, EPA encourages persons to direct their comments to the 'new provisions proposed in the recent version of the regulations
and not duplicate comments submitted earlier in response to the March 9, 1977 proposal. EPA will respond to all the comments submitted in response to both proposed rulemaking notices in the final inventory reporting regulations.
(7) ' Q. When can I start reporting for the inventory?
A. Under the reproposed regulations, the reporting period will
begin around November 1, 1977, after the regulations are pub
lished in their final form.
S'! HY P\SSiS! / NOC Ot '-lOt
(8) Q. How long will I have to report for the inventory?
A. The reporting period will last three months.
(9) Q. Where can I get reporting forms?
A. EPA is now revising the reporting forms that were published in draft form in the March 9, 1977 FEDERAL REGISTER to provide
space for reporting production quantities and other information. EPA plans to send copies of the final regulations and reporting forms directly to all the manufacturers in Standard Industrial Classification Groups 28 and 2911 that are included on EPA's master mailing list. This mailing should reach most manufacturers that may be required to report under these regulations. In addi tion, every manufacturer on the Industry Assistance Office mailing list will receive at least a copy of the final regulations. All of EPA's regional offices as well as the headquarters Industry Assis tance Office will have an adequate supply of forms to distribute as needed.
(10) Q. Why do these proposed regulations have a definition of "small
manufacturer"? Are "small manufacturers" exempt from re porting for the inventory?
A. As discussed in the preamble to these proposed regulations,
some of the information which may be required under these
initial reporting regulations may not be considered by some people
as necessary for compilation of the inventory. EPA has solicited
comment on this issue because under TSCA "small manufacturers" must
report information for the inventory but are exempt from most other
general reporting requirements.
"
Any manufacturer who falls within the definition of "small
manufacturer" would not be exempt from reporting for the inventory,
but only from reporting certain additional information that may not
be considered necessary for compilation of the inventory.
(11)
Q. A particular substance appears at various places in the Candi date List. At each place the CAS Registry Number is the same,
but the code designation is different. Which code designation should I report?
A. All the code designations which may appear for a given sub stance are valid, and you may use any one of them in complet
ing the reporting form.
(12) Q.
Will all chemical substances on the Candidate List be auto matically included on the inventory?
A. No. The purpose of the Candidate List is to simplify report ing. EPA made no attempt to limit the Candidate List to those
chemical substances that are eligible for inclusion on the inven tory under these regulations.
(13) Q.
Do all chemical substances on the Candidate List qualify for the inventory?
A. No. The Candidate List was prepared from several existing lists of chemical substances. No attempt was made to delete
from the list those substances which are excluded from the inventory under the reporting regulations. For example, the Candidate List contains some hydrates which are excluded from the inventory because they are mixtures. The list also may contain some substances which are used solely as drugs or pesticides and therefore are not eli gible for inclusion on the inventory.
(14) Q.
Has the TSCA Candidate List of Chemical Substances been changed since it was first published in April?
A. EPA has identified some minor errors and has distributed a correction sheet along with recent mailings of the Candidate
List. EPA has been working with certain trade associations to define some particularly complex chemical substances. The Chemi cal Abstracts Service (CAS) may assign CAS registry numbers to these substances so that they may be easily and consistently reported for the inventory. EPA expects to publish a supplement to the Candidate List which will contain these additional substances sometime this fall.
(15)
Q. The nHow to Report" section of these proposed regulations, section 710.5(b)(4), refers to a "Guide to the Use of the
TSCA Candidate List of Chemical Substances and Instructions for Reporting." Bow can I obtain a copy of this guide?
A. A proposed version of the "Guide" was published in the FEDERAL REGISTER for comment on April 12, 1977 (42 FR 19298).
Copies are available through Nr. John Pitch (See question 1.). The guide with any appropriate changes will be published as Appendix A to the final regulations.
(16) Q. Do I have to obtain a Chemical Abstracts Service (CAS) registry number for a chemical substance that does not appear
on the Candidate List before I can report that substance?
A. No. You should provide, however, adequate information so that the Chemical Abstracts Service can assign an appropri
ate number for that substance. You should read EPA's draft reporting instructions published in the FEDERAL REGISTER of April 1977 (42 FR 19298). You will not have to pay a fee even if a chemical substance is reported without a CAS registry number.
12,
(17) Q. Can I report a chemical substance for the inventory if I import or market the substance for the first time after the
close of the reporting period?
A. Yes, you may report chemical substance that you introduce into commerce for the first time after the close of the reporting
period but not after the beginning of premanufacture notification
requirements for new chemical substances. These requirements will begin thirty days after the publication of the inventory.
(18) Q. Should I report chemical substances which I use only as
reactants or catalysts in the manufacture of another chemical substance?
A. You do not have to report catalysts or any other chemical
substances which you use or process only in the manufacture of
another chemical substance or mixture. You do have to report such substances, however, if you manufacture them.
(19) Q. Am I manufacturing a chemical substance that should be re ported for the inventory, or am I manufacturing a mixture or
an article?
A. While the basic distinction between chemical substances and mixtures or articles rests on whether there is a chemical
reaction used in manufacturing the product, there may be chemical reactions that occur upon manufacturing a mixture or an article. EPA would consider as "mixtures" combinations of chemical sub stances that are produced by a chemical reaction if they could have been produced for a commercial purpose without a chemical reaction, by physically mixing commercially available substances. Articles, as defined in the regulations to include such manufactured items as synthetic fibers, plastic films, particle board, chrome plated bumpers, and cloth, are excluded from the inventory even if there is a chemical reaction that occurs upon their manufacture. These distinctions are discussed more fully in the preambles to the March 9, 1977 and the August 2, 1977 proposed regulations.
(20) Q. I treat fe&rics with dyes and finishes which I think react
with the fabrics. Do I have to report the chemical substances that may be formed in this reaction?
A. No. Chemical substances that are formed in the manufacture of
an article are excluded from the inventory reporting require ments .
(21) Q. Under the proposed regulations, are foreign manufacturers required, or permitted, to report chemical substances for
the inventory?
A. A foreign manufacturer may report for the inventory only if he is authorized to do so by the importer of the chemical
substances which he manufactures and exports to the United States. There will be statements on the reporting forms which both the importer and foreign manufacutrer must sign to make any report submitted by a foreign manufacturer acceptable.
(22) Q. Do companies which only formulate or otherwise process chemical substances into mixtures, blends, or compounded substances
have any reporting responsibility?
A; Companies which only formulate or process mixtures or produce combinations of chemical substances without a chemical re
action need not report under these proposed regulations. However, such companies should be sure that the chemical substances they formulate and process are included in the initial inventory. There will be a 120-day reporting period after the publication of the initial inventory during which processors and users may report. Mixtures, blends, and compounded substances are excluded from the inventory and should not be reported.
(23) Q. Do the proposed regulations or does EPA require that I certi
fy to my customers that I am reporting those chemical sub
stances I sell?
.
A. No; there is no such requirement. In the past, EPA has encour aged processors to ensure that manufacturers report chemical
substances for the inventory as required by the proposed regulations. The revised regulations, however, provide an opportunity for pro cessors to report any chemical substance processed for a commercial purpose which is not included on the inventory after it is published. This provision should greatly reduce the concern by processors to have written certification from manufacturers that the manufacturers intend to report, or have reported, their chemical substances for the inventory.
(24)
Q. Under the reporting regulations, are manufacturers required to supply any information concerning the identities of the chemi
cal substances which they may distribute under a trade mark con cealing their proprietary identities?
A. No; there is no such requirement. If a manufacturer distributes a chemical substance under a trade marie to his customers, he
must submit that trade mark to EPA. The trade mark will then appear on the inventory but with no link to its chemical identity if a manufacturer claims that link to be confidential. Of course, the inventory will not list trade marks which apply to mixtures or chemical substances excluded from the inventory.
(25) Q.
How will SPA provide protection for reported information that is claimed to be confidential?
A. EPA is designing reporting forms that will provide persons an opportunity to claim certain information as confidential.
The proposed regulations discuss these provisions and various al ternatives for handling confidential information reported to EPA. The Agency welcomes comments on these alternatives.
(26)
Q. Once the premanufacture notification requirements are in effect, can I manufacture any chemical substance included
the inventory even if I have never manufactured that substance a commercial purpose myself?
on for
A. Yes. Any one may manufacture, import, or process any chemical substance that is included on the inventory. Those which are
not included on the inventory, will be considered "new" chemical substances and will be subject to the premanufacture notification requirements.
TIMETABLE--IMPORTANT DATES UNDER REPROPOSED REGULATIONS FOR INVENTORY REPORTING
Remember: Some dates may change depending upon when the final regulations are published.
August 2, 1977 August 2 to September 16, 1977
August 24, 1977 November 1977 November 1977 February 1978 Summer 1978
Fall 1978
Federal Register Notice of Reproposed Regulations
Comment period of 45 days
Submit written comments to: Vicki Briggs, EPA Office of Toxic Substances (WH-557) 401 M Street, S.V., Washington, D.C. 20460 (Submit 3 copies of comments with Identifying notation: OTS-0810002)
Public Meeting, Jefferson Auditorium, USDA 14th and Independence Avenue, S.W. Washington, D.C.
Final regulations published.
Reporting forms mailed to SIC Groups 28 and 2911 and available from EPA.
End of reporting period. (90 days after the final regulations are published)
Publication of inventory. Beginning of 120 day period during which processors may report chemical substances not on the inventory.
Thirty days after publication of inventory, premarket notification of begin.
INDUSTRY ASSISTANCE OFFICE
A
SE
United States Environmental Protection Agency Office of Assistant Administrator For Toxic Substances (TS-788) Washington, O.C. 20460
(202)755-0535
John B. Rltch, Jr., Director
STANDARD INDUSTRIAL CLASSIFICATION
Major -Group 28.--CHEMICALS AND ALLIED PRODUCTS
The Major Group as a Whole
This major group includes establishments producing basic chemicals, and establishments manu facturing products by predominantly chemical processes. Establishments classified in this major group manufacture three general classes of products: (1) basic chemicals such as acids, alkalies, salts, and organic chemicals; (2) chemical products to be used in further manufacture such as synthetic fibers, plastics materials, dry colors, and pigments; (3) finished chemical products to be used for ultimate consumption such as drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries such as paints, fertilisers, and explosives. The mining of natural rock salt is classified in mining Industries. Establishments primarily engaged in manufacturing nonferrous metals and high percentage ferroalloys are classified in Major Group 33; silicon carbide in Major Group 32; baking powder, other leavening compounds, and starches in Major Group 20; and artists' colors in Major Group 39. Establishments primarily engaged in packaging, repackaging, and bottling of purchased chemical products, but not engaged in manufacturing chemicals and allied products, are classified in trade industries.
Group Industry Mo. No.
281 INDUSTRIAL INORGANIC CHEMICALS
This group includes establishments primarily engaged in manufacturing basic in dustrial inorganic chemicals. Establishments primarily engaged in manufacturing formulated agricultural pesticides are classified in Industry 2879; medicinal chemicals, drugs and medicines in industry 2833; and soap and cosmetics in Group 284.
2812 Alkalies and Chlorine
Establishments primarily engaged in manufacturing alkalies and chlorine.
Alkalies Carbonates, potassium and sodium Caustic potash Caustic soda Chlorine, compressed or liquefied Potassium carbonate '
Potassium hydroxide Sal soda 8oda ash Sodium bicarbonate. 8odlum carbonate (soda ash) Sodium hydroxide (caustic soda)
2818 Industrial Gaaea
Establishments primarily engaged in manufacturing gases for sale in compressed, liquid, and solid forms. Establishments primarily engaged in manufacturing fluorine and sulfur dioxide are classified in Industry 2819; household ammonia in Industry 2842, and other-ammonia in Industry 2873; and chlorine in Industry 2812. Distributors of Industrial gases and establishments primarily engaged in shipping liquid, oxygen are classified in trado.
Acetylene Arson Carbon dioxide Dry Ice (eolld carbon dioxide) Oasee, Industrial: compressed, lique
fied, or solid--m/pm
Helium Hydrosen Neon Nitrogen . Nitrous oxide Oxygen, compressed and liquefied
Standard Industrial Classification Manua
1972, Washington, D.C., Office of Budget
6 Management, Superintendent of Documents U.S. Government Printing, 1972
droop Industry No. No.
281 INDUSTRIAL INORGANIC CHEMICALS-Continned
2816 Inorganic Pigment*
Establishments primarily engaged in manufacturing inorganic pigments. Important products of this industry include black pigments (except carbon black, Industry 2895), white pigments and color pigments. Organic color pigments, except animal black and bone black, are .classified in Industry 2865.
Animal black
Barium sulfate, precipitated (Mane
6x4)
Barytes pigments
Black pigments, except carbon black
Blanc Bx< (barium sulfate, precipi
tated)
Bone black
Chrome pigments: chrome green,
chrome yellow, chrome orange, sine
yellow
Color pigments. Inorganic
Iron bine pigment
.
Iron colors
Iron oxide, black
Iron oxide, magnetic
Iron oxide, yellow
Lamp bUck
Lead oxide pigments
Lead pigments
Litharge
Metallic pigments. Inorganic Mineral colors and plgmaats Minium (pigment) Ocher* Paint pigments. Inorganic Pearl essance Pigments, inorganic Prussian bias pigments Red lead pigment Satin wbfts pigment Siennas Titanium pigments Ultramarine pigment Umbers Vermilion pigment White lead pigments Wblttng Zinc oxide pigments Zinc pigments: sine yellow and sine
sulphide
2819 Industrial Inorganic Chemicals, Not Elsewhere Classified
Establishments primarily engaged in manufacturing industrial inorganic chemicals,
not elsewhere clarified. Important products of this industry include inorganic salts of sodium (excluding refined sodium chloride), potassium, aluminum, calcium, chro mium, magnesium, mercury, nickel, silver, tin; inorganic compounds such as alums, calcium carbide, hydrogen peroxide, sodium silicate, ammonia compounds (except fer tilisers), rare earth metal salts and elemental bromine, fluorine, iodine, phosphorus, and alkali metals (sodium, potassium, lithium, etc.). Establishments primarily engaged in mining, milling, or otherwise preparing natural potassium, sodium, or boron com pounds (other than common salt) are classified in Industry 1474. Establishments primarily engaged in manufacturing household bleaches are' classified in Industry 2842; phosphoric acid in Industry 2874; and nitric acid, anhydrous ammonia and other nitrogenous fertiliser materials in Industry 2873.
Activated carbon and charcoal Alkali metals Alumina Aluminum chloride Aluminum compound* Aluminum hydroxide (alumina trlhy.
drate) Aluminum oxide Aluminum lulfata Aluma Ammonia alum Ammonium chloride, hydroxide, and
molybdate Ammonium compound*, except for fer-
tlliser Ammonium perchlorate Ammonium thloiulfate Barium compounds Bauxite, refined Beryllium oxide Bleaching powder Borax (sodium tetraborate) Boric arid Boron compounds, not produced at
mines Boroslllcate Brine
Bromine, elemental Caesium metal .. .. Calcium carbide, chloride, sad hypo
chlorite Calcium compounds, laorganle Calcium metal Calomel Carbide Catalysts, ebemleal Cerium salts Charcoal, activated Cblorosulfonlc arid Chromates and bichromates Chromic arid Chromium compounds, Isorgaale Chromium salts Cobalt chloride Cobalt 60 (radioactive) Cobalt sulfate Copper chloride Copper iodide and oxide Copper sulfate Cyanides Desiccants, activated: silica gel Dlcbromates Ferric chloride Ferrocyanldes
Group Mow
MNue.tn
m INDUSTRIAL INORGANIC CHEMICALS--Continued
J81* Indoatrial Inorganic Chemicals, Not Elsewhere Classified--Continued
Fissionable material production
Fluorine, elemental
Fuel propellants, solid: Inorganic
Fuels, high energy: Inorganic
Glauber's salt
Heavy water
.. .
High parity grade chemicals, Inor-
panic: refined from technical grades
Hydrated alumina silicate powder Hydrochloric add Hydrocyanic add Hydroduorlc add Hydrogen. peroxide Hydrogen sulfide Hydrosulfltes Hypophosphites Indium chloride Inorganic adds, except nitric or phos
phoric
Iodides Iodine, elemental Iodine, resubllmed Iron sulphate Isotopes, radioactive
Laboratory chemicals. Inorganic Lead oxides, other than pigments Titid silicate Lime bleaching compounds Lithium compounds Lithium metal Luminous compounds, radium Magnesium carbonate Megneslum chloride Magnesium compounds. Inorganic Manganese dioxide powder, synthetic Mercury chlorides (calomel, corrosive,
sublimate), except U.S.P. Mercury compounds, Inorganic Mercury oxides Mercury, redistilled Metals, liquid Mixed udd Murlste of potash, not produced at
mines Nickel ammonium sulfate Nickel carbonate Nickel compounds, Inorganic Nickel enlfate Nuelenr core*. Inorganic Nuclear fuel reactor cores, inorganic Nuclear fuel scrap reprocessing Oleum (fuming unlfnrlc add) Oxidation catalyst made from por
celain Perchloric add Peroxides, inorganic Phosphates, except defluorlnated and
lamraonlated Phosphorus and phosphorus oxychlo-
Potssh slum Potassium aluminum sulfutu Potassium bichromate and chromate Potassium bromide Potassium chlorate Potassium chloride and cyanide Potassium compounds. Inorganic: ex
cept potassium hydroxide and carbonate Potassium cyanide Potaaalnaa hypochlorite
Potassium Iodide
Potassium metal
_
Potassium nitrate and sulfate
Potassium permanganate . . .
Propellant* for missiles, solid: inor
ganic
Radium chloride Radtom luminous compounds
Rare earth metal salts
.
Reagent grade chemicals. Inorganic:
refined from technical grades
Rubidium metal 8alt cuke (sodium kulfats)
Salts of rare earth metals
Scandium
811lca. amorphous
Slllcagel Siliconuorldea Silver bromide, chloride, and nitrate
Silver compounds. Inorganic
Soda alum
Sodium alomtnate
8odium aluminum uulfntu
Sodium aatlmonlato
Sodium bichromate and chromate
Sodium borates
Sodium borohydrtds
Sodium bromide, not prodoml at
mines
Sodium chlorate
Sodium compounds. Inorganic
8odlum cyanide
Sodium bydrosulflta Sodium, metallic
Sodium molybdate
Sodium perborate
Sodium peroxide
Sodium phosphate Bodlum polyphosphate
Rodium silicate
Sodium slUcofiuoride
Bodlum stannate Sodium sulfate--hulk or tablets
Sodium tetraborate, not produced at
mines
Sodium thlosulfntu
Sodium tungstate
Sodium uranate
Stannic and stnnnoua chloride
Strontium carbonate, precipitated, and
oxide
Strontium nitrate
Sublimate, corrosive
Sulfate of potash and potash magne
sia. not produced at mlnea
Sulfides and sulfites
Sulfocyanldrs
Sulfur chloride
Sulfur dioxide
Sulfur hexafluoride gaa Sulfur, recovered or refined. Including
from sour natural gau
Sulfuric acid
Tanning agents, uyothetle Inorganic
Thiocyanates, Inorganic
Tin chloride
Tin compounds. Inorganic
Tin oxide
Tin saltu
Cranium slug, radioactive
Water class
Zinc chloride
Oroup Industry No. No.
283 PLASTICS MATERIALS AND SYNTHETIC RESINS, SYNTHETIC RUBBER, SYN THETIC AND OTHER MAN-MADE FIBERS, EXCEPT GLASS
This group Includes chemical establishments primarily engaged in manufacturing plastics materials and synthetic resins, synthetic rubbers, and cellulosie and man-made organic fibers. Establishments primarily engaged in the manufacture of rubber products, and those primarily engaged in the compounding of purchased resins or the fabrication of plastics sheets, rods, and miscellaneous plastics products, are classified in Major Group 30; and textile mills primarily engaged in throwing, spinning, weaving, or knitting textile products from manufactured fibers arc classified in Major Group 22.
2821 Plastics Materials, Synthetic Resins, and Nonvnlcanizable Elastomers
Establishments primarily engaged in manufacturing synthetic resins, plastics mate
rials, and nonvulcanisable elastomers. Important products of this industry include: cellulose plastic materials; phenolic and other tar acid resins; urea and melamine resins; vinyl resins; styrene resins; alkyd resins; acrylic resins; polyethylene resins; polypro pylene resins; rosin modified resins; coumarone-indene and petroleum polymer resins; and miscellaneous resins including polyamide resins, silicones, polyisobutylenes, poly esters, polycarbonate resins, acetal resins, fluorohydrocarbon resins; and casein plasties. Establishments primarily engaged in manufacturing fabricated plastics products or
plastics film, sheet, rod, nontextile monofilaments and regenerated cellulose produets, and vulcanized fiber are classified in Industry 3079, whether from purchased resins or from resins produced in the same plant. Establishments primarily engaged in com pounding purchased resins are also classified in Industry 3079. Establishments primarily manufacturing adhesives are classified in Industry 2891.
Acetal resins Acetate, cellulose (plastics) Acrylic resins Acrylonltrlle-butadlene-styrene resins Alcohol resins, polyvinyl Alkyd resins Allyl resins Butadiene copolymers, contalnlnf less
than 30% butadiene Carbohydrate plastics Casein plas'lcs Cellulose nitrate resins Cellulose propionate (plastics) Coal tar resins Condensation plasties Coumarone-indene resins Cresot-turfural resins Cresol resins Dlcyandlamtne resins Dllsocyanate resins Elastomers, nonvulcanlzable (plastics) Eplclilorohydrln blsphenol Eplchlorohydrln dlphenol Epoxy resins Ester pum Ethyl cellulose plastics Ethylene-vinyl acetate resins Fluorohydrocarbon resins Ion exchanse resins looomer resins Isobutylene polymers Upntn plastics Melamine resins Methyl acrylate resins Methyl cellulose plastics Methyl methacrylate resins Moldfnp compounds, plastics Nitrocellulose plastics (pyroxylin)
Nylon resins Petroleum polymer resins Phenol-furfural resins Phenolic resins Phenoxy resins Pbtballc alkyd resins Phthollc anhydride resins Polyacrylonitrile resins Polyamide resins Polycarbonate resins Polyesters Polyethylene resins Polyhexamethylenedlamlne adlpamlde
resins Poly Isobutylenes Polymerization plastics, except fibers Polypropylene resins Polystyrene resins Polyurethane resins Polyvinyl chloride resins Polyvinyl halide resins rol.vvlnyl resins Protein plastics Pyroxylin Resins, phenolic Resins, synthetic: coal tar and non
coal tar Rosin modified resins Silicone fluid solution (Sold for sonar
transducers) Silicone resins Soybean plastics Styrene resins Styrene-acrylonltrlle resins Tnr add resins Urea resins Vinyl resins
Industry No. PLASTICS MATERIALS AND SYNTHETIC RESINS, SYNTHETIC RUBBER, SYN THETIC AND OTHER MAN-MADE FIBERS, EXCEPT GLASS--Continued
2822 Synthetic Rubber (Vulcanizsble Elastomers)
Establishments primarily engaged in manufacturing synthetic rubber by polymeri sation or eopolymerlsation. An elastomer for the purpose of this classification is a rubber-like material capable of vulcanisation, such as copolymers of butadiene and styrene, or butadiene and acrylonitrile, polybutadienes, cbloroprene rubbers, and isobutylene-isoprene copolymers. Butadiene copolymers containing less than 50% butadiene are classified in Industry 2821. Natural chlorinated rubbers and cydlsed rubbers are considered as semifinished products and are classified in Industry 3060.
Acrylate type fabbars AcrylstetatlSlca* rabbets Acryue rubbers Adlprens Butadleae-aerrloaltrlle copolymers _ (over 80ft batadieae) Butsdleso robbers Batsdleae-styreae copolymers (over
_ to* butadiene)
Buty(rubber Chlorinated rubber*, synthetic Chiortfrefit type robbers CblorsialfMated polyetbyltaes Cycle rubbers, synthetle EPDU polymers Elastomers, rulcaalsable (synthetle
robber) Epleblorobydrln elastomers Estaae Etbyleae-propyleae rubbers Fluoro rubbers Fluorocarboa deriratire rubbers Bypaloa Ieobutylsne-isopreae robbers isecyanats type rubber
Isopreae robbers, synthetle
Neoprene
NItrlle-butadtene robbers
Nltrile-chloropreat rubbers
Nitrile type rubber
N-type rubber
Polybutadiene*
Polyetbylenes, chlorosolfonated
PolylsobutylenS-lsoprene elastomers
Polylsobutylene (synthetic robber)
Polymetbylene rubber*
PolysulSdes
Pyridine-butadiene copolymers
Pyrldlne-butadlene robbers
Rubber, synthetle
SUIcooe rubbers
S-type robber
Stereo repulsr elastomers
Styreae-butsdlene robbers (SO* or lew
styrene content)
1
Styrrne-chloroprene robbers
Styrene-lsoprens rubbers
Thiol rubbers
Urethane robbers
Vulcanised oils
2828 Celluloatc Man-Mad* Fibers
Establishments primarily engaged in manufacturing cellulosie fibers (including cellulose acetate and regenerated cellulose such as rayon by the viscose'or cuprammonium process) in the form of monofilament, yarn, staple or tow suitable for further manu facturing on spindles, looms, knitting machines or other textile processing equipment. Establishments primarily engaged in manufacturing textile glass fibers are classified in Industry 3229.
Acetate fiber* Cellulose acetate monofilament, yarn,
staple, or tow Cellulose fiber*, man-made Clyarette tow, cellulosie fiber Cuprammoolum fibers Fibers, cellulose man-made Fibers, rayon Horsehair, artificial: rayon Nitrocellulose libera
Rayon primary products: fibers, straw, strip*, and yarn
l!;iy,n yarn, made in chemical plants (primary product*)
Regenerated cellulose fibert Triacetate fibers Viscose dbers, bands, strip*, and ynrn Yarn, cellulosie: made lo chemical
Plants (primary products)
Group Industry No. No.
____
282 PLASTICS MATERIALS AND SYNTHETIC RESINS, SYNTHETIC RUBBER, SYN
THETIC AND OTHER MAN-MADE FIBERS, EXCEPT GLASS--Continued
2824 Synthetic Organic Fibers, Except Cellulosie
Establishments primarily engaged in manufacturing synthetic organic fibers, except cellulosie (including those of regenerated proteins, and of polymers or copolymers of such components as vinyl chloride, vinylidene chloride, linear esters, vinyl alcohols, acrylonitrile, ethylenes, amides, and related polymeric materials) in the form of mono
filament, yarn, staple or tow suitable for further manufacturing on spindles, looms, knitting machines or other textile processing equipment. Establishments primarily
engaged in manufacturing textile glass fibers are classified in Industry 3229.
Acrylic fibers AcryloaltrUt fibers Anldei fibers Casein fibers ' Elastomeric fibers Fibers, man-made: except cellulosie Fluorocarbon fibers Horsehair, artificial: nylon Linear esters fibers Modacryllc fibers Nylon fibers and bristles Olefin fibers Organic fibers, synthetic: except
csilalosto
Polyester fibers Polyvinyl ester fibers Polyrlnylldene chloride fibers Protein fibers Saran fibers 8oybean fibers (man-nude textile
materials) Tlnal fibers Vinylidene chloride fibers Tarn, organic man-nude fiber exeep
cellulosie Zeia fibers
283 DRUGS
This group includes establishments primarily engaged in manufacturing, fabricating, or processing medicinal chemicals and pharmaceutical products. Also included in this group are establishments primarily engaged in the grading, grinding, and milling of botanicals.
2831 Biological Products
Establishments primarily engaged in the production of bacterial and virus vaccine, toxoids and analogous products (such as allergenic extracts), serums, plasmas, and other blood derivatives for human or veterinary use.
Agar culture media Aggrstsias Allergenic extracts Allergens Antigens Anti-log-cholera scrums Antiserums Antitoxins Antivenom Bacterial vaccines Bacterins Bacteriological media Biological anil allied products: anti
toxins, bacterins, vaccines, viruses Blood derivatives, for human or veteri
nary use
Culture media or concentrate* Diagnostic agents, biological Diphtheria toxin Plasmas Pollen extract! SerobacterinS Serums Toxins Toxoids Tuberculins Vaccines Venoms Viruses
2833 Modklnfil Chemicals and Botanical Products
Establishments primarily engaged in (1) manufacturing bulk organic and Inorganic medicinal Chemicals and their derivatives; and (2) processing (grading, grinding, and milling) bulk botanical drugs and lierbs. Establishments primarily engaged in manu facturing figur-agar find similar products of natural origin, endocrine products, manu facturing or Isolating basic vitamins, and Isolating active medicinal principals such as alkaloids from botanical drugs and herbs are also included in this industry.
Adrenal derivatives: bulk, uncom pounded
Asnr-ntrar (ground) Alkaloids and salts Anesthetics, In hulk form Antibiotics: bulk uncompounded
Atropine and derivatives Barbituric acid and derivatives: bulk,
uncompounded Botanical products, medicinal: ground,
graded, and milled Brucine and derivatives
Group Industry No. No. DRUGS--Continued
2833 Hedkinal Chemicals and Botanical Product*--Continued
Caffeine and derivatives Chemicals, medicinal: organic and In
organic--hulk, uncomponnded Cinchona and derivatives Cocaine and derivatives Codeine and derivatives Didtoxin Drug grading, grinding, and mtlHng Endocrine products Ephedrlne and derivatives Ergot alkaloid* Fish liver oils, relined and concen
trated tor medicinal use Stand derivatives: bulk, uncom
pounded Herb grinding, grading, and milling Hormones and derivative* Insulin: bulk, uncompounded Kelp plants Mercury chloride*, U.S.P. Mercury compounds, medicinal: or
ganic and Inorganic Morphine and derivatives N-methylplpertsine
Oils, vegetable and animal: medicinal grade--refined and concentrated
Opium derivative* Ox bile salts and derivatives: balk,
uncompounded Penicillin: bulk, uncomponnded Pbysosttgmlne and derivatives Pituitary gland derivatives: bnlk, un
compounded Procaine and derivatives: bulk, an-
compounded gulntne and derivative*
Saitcyilc acid derivatives, medicinal grade
Strychnine and derivatives Sulla drugs Sulfonamides Theobromine Vegetable gelatin (agar-agar) Vegetable oils, medicinal grade: re
fined and concentrated Vitamins, natural and synthetic: bulk,
uncompounded
3834 Pharmaceutical Preparations
Establishments primarily engaged in manufacturing, fabricating, or processing drugs
in pharmaceutical preparations for human or veterinary use. The greater part of the products of these establishments are finished in the form intended for final consumption, such as ampuls, tablets, capsules, vials, ointments, medicinal powders, solutions, and suspensions. Products of this industry consist of two important lines, namely: (1) pharmaceutical preparations promoted primarily to the dental, medical, or veterinary professions; and (2) pharmaceutical preparations promoted primarily to tho public.
Adrenal pharmaceutical preparations Analgesics Anesthetics, packaged Antacids Anthelmintics Antibiotics, packaged Antihistamine preparations Antipyretics Antiseptic*, medicinal Astringents, medicinal Barbituric acid pharmaceutical prepa
rations Belladonna pharmaceutical prepara
tions Botanical extracts: powdered, pllular,
solid, and fluid Chopsticks Chlorination tablets and kits (water
purification) Cold remedies Cough medicines Cyclopropane for anesthetic use (C.8.P.
par .V.F). packaged Dextrose and sodium chloride Injection,
mixed Dextrose Injection Digitalis pharmaceutical preparations Diuretics Druggists' preparations (pharmaceutlBfferrescent salts Emulsifiers, fluorescent Inspection Emuislons, pharmaceutical Ether (or anesthetic use FCver remedies Galenical preparations Hormone preparations Insulin preparations Intravenous solutions
Iodine, tincture of Laxatives Liniments Lozenges, pharmaceutical Medicine*, capsuled or ampuled Nitroforan preparations Nitrons oxlae for anesthetic us* Ointments Parenteral solutions Penicillin preparations Pharmaceuticals Pills, pharmaceutical Pituitary gland pharmaceutical prepa
rations Poultry and animal remedies Powders, pharmaceutical Procaine pharmaceutical preparations Proprietary drug products Remedies, human and animal Sirups, pharmaceutical Sodium chloride solution for Injection,
U.S.P. Sodium salicylate tablets Solutions, pharmaceutical Spirits, pharmaceutical Suppositories Tablets, pharmaceutical Thyroid preparations Tinctures, pharmaceutical TranouLllser* and mental drug prepa
rations Vermifuge* Veterinary pharmaceutical prepara
tions Vitamin preparations Water decontamination or purification
tablets Water, sterile: for Injections Zinc ointment
Group Industry No. No. .
284 SOAP, DETERGENTS, AND CLEANING PREPARATIONS, PERFUMES, COS
METICS, AND OTHER TOILET PREPARATIONS
This group includes establishments primarily engaged in manufacturing soap and other detergents and in producing glycerin from vegetable and animal fats and oils; specialty cleaning, polishing, and sanitation preparations; and surface active prepara tions used as emulsifiers, wetting agents, and finishing agents, including sulfonated oils; and perfumes, cosmetics, and other toilet preparations.
2841 Soap and Other Detergents, Except Specialty Cleaners
Establishments primarily engaged In manufacturing soap, synthetic crganlc deter gents, inorganio alkaline detergents, or any combination thereof, and establishments producing crude and refined glycerin from vegetable and animal fats and oils. Estab lishments primarily engaged in manufacturing shampoos or shaving products, whether from soap or synthetic detergents, are classified in Industry 2844; and synthetic glycerin in Industry 2860.
Detergents, synthetic organic and In organic alkaline
Dye removing cream, soap base Foots soap Glycerin, crude and redaed: from
fats--except synthetic
Mechanics' paste Scouring compounds Soap: granulated, liquid, caks, flaked,
and cnlp Textile soap Washing compounds
2842 Specialty Cleaning, Polishing, and Sanitation Preparations
Establishments primarily engaged in manufacturing furniture, metal, and other polishes; waxes and dressings for fabricated leather and other materials; household, institutional and industrial plant disinfectants, deodorants; dry cleaning preparations; household bleaches; and other sanitation preparations. Establishments primarily manufacturing household pesticidal preparations are classified in Industry 2879.
Ammonia, household
Aqua ammonia, household
Beeswax, processing of
Belt dressing
Blackings
Bleaches, household: liquid or dry
Burnishing Ink
t
Chlorine bleaching compounds, house
hold : liquid or ary
Cleaning and polishing preparations
Cloths, dusting and polishing: chemi
cally treated
Degreasing solvent
Deodorants, nonpersonal
Disinfectants, household and Indus
trial plant
Drain pipe solvents and cleaners
Dressings for fabricated leather and
other materials
Dry cleaning preparations
Dust mats, gelatin
Dusting cloths, chemically treated
Dye removing cream, petroleum base
Floor wax emulsion
Floor waxes
Furniture polish and wax
Harness dressing
Household bleaches, dry or liquid
Industrial plant disinfectants and deo
dorants
Ink, burnishing
Ink eradlcators
Leather dressings and finishes
Lye, household
-
Paint and wallpaper cleaner*
Polishes: furniture, automobile, metal,
shoe, and stove
Polishing and cleaning preparations
Ue-reflnlng dry-cleaning fluid
Itug, upholstery, and dry cleaning de
tergents and spotters
Rust removers
Saddle soap
Sanitation preparations
Shoe cleaner* and polishes
Sodium hypochlorite
Stain removers
8tnrches, plastic
Sweeping compounds, oil and water
absorbent, clay or sawdust
Wallpaper cleaners
Wax removem
Waxes for wood, fabricated leather,
and other materials
Oroop Industry No. No.
284 SOAP, DETERGENTS, AND CLEANING PREPARATIONS, PERFUMES, COS METICS, AND OTHER TOILET PREPARATIONS--Continued
2848 Surface Active Agents, Finishing Agents, Sulfonated Oils and Assistants
2844
Establishments primarily engaged in producing surface active preparations for use as wetting agents, emulsifiers, and penetrants. Establishments engaged in producing sulfonated oils and fats and misted products are also included.
Assistants, textile tad liatbtr
cXurn s*J?s of snlfoaatsd oils, fata or greases
Cod oil. snlfonattd Emulsifiers, except feed and
pharmaceutical Finishing agents, textile and leather Leather finishing agents Mordants Oil. turkey red Oils, soluble (textile assistants)
Penetrants
Sodium salts of sulfonated olla fata or
greases
'
Softeners (textile assistants)
Soluble oils and greases
8ulfonated olla fata and greases
Burface active agents
Textile processing assistants
Textile scouring compounds and wet
ting agents
Thin water (admixture)
Perfumea Cosmetics, and Other Toilet Preparations
Establishments primarily engaged in manufacturing perfumes (natural and syn thetic), cosmetics, and other toilet preparations. This Industry also includes establish ments primarily engaged in blending and compounding perfume bases; and those manufacturing shampoos and shaving products, whether from soap or synthetic deter gents. Establishments primarily engaged in manufacturing synthetic perfume and flavoring materials are classified in Industry 2869, and essential oils in Industry 2899.
Bath salt* Bay rum Body powder Cologne* Concentrates, perfume Cosmetic creams Cosmetic lotions and oils Cosmetic* Cupranol Dentifrices Denture cleaners Deodorants, personal Depilatories (cosmetic) Dressings, cosmetic Face creams and lotions Face powders Home permanent kits
Lipsticks Manicure preparations Mouth washes Perfume bases, blending and
compounding Perfumes, natural and synthetic Powder: baby, face, talcum, and toilet Rouge, coemetic Sachet Shampoos Shaving preparations: cakes, creams,
lotions, powders, tablets, etc. Talcum powders Toilet creams, powders, and waters Toilet preparations Tooth pastes and powder* Washes, cosmetic
288 PAINTS, VARNISHES, LACQUERS, ENAMELS, AND ALLIED PRODUCTS
2851 Paints, Varnishes, Lacquers, Enamels, and Allied Products
Establishments primarily engaged in manufacturing paints (in paste and ready mixed
form); varnishes; lacquers; enamels and shellac; putties, wood fillers and scalers;
paint and'varnish removeis; paint brush cleaners and allied paint products. Establish
ments primarily engaged in manufacturing carbon black are classified in Industry 2895;
bone black, lamp black, and inorganic color pigments in Industry 2816; organic color
pigments in Industry 2865; plastics materials in Industry 2821; printing ink in Industry
2893; calking compounds and sealants in Industry 2891; and artists' paints in Industry
3952.
Calcimines, dry and paste Cleaners, paint brush Coating, air curing ColorsIn oil, except artists' Dispersion*, thermoplastic and col
loidal: paint Dopes (paint) Driers, paint Enamels, except dental and cbtnn
painting Epoxy coatings, made from purchased
resin Fillers, wood: dry. liquid, and paste Intaglio Ink vehicle Japans, baking and drying
Kalsomines. dry or paste Lacquer bases and dopes Lacquer, clear and pigmented Lacquer thinner Lacquers, plastic Lead-ln-oll paints Llnoleates (paint driers) Lithographic varnishes Marine paints Naphthanatc driers Oleate driers Paint brush cleaners Paint driers Paint removers Paints, asphalt and bituminous
Group Industry No. No.
285 PAINTS, VARNISHES, LACQUERS, ENAMELS, AND ALLIED PRODUCTS--Cob.
2851. Painta, Varnishes, Lacquers, Enamels, and Allied Products--Continued
Paints: oil and alkyd vehicle, and water thinned
Palnte, plastic teiture: paste and dry Paints, waterproof Phenol formaldehyde coatings, baking
and air curing Plastics base paints and varnishes Plastlsol coating compound Polyurethane coatlnp Primers, paint Putty Reslnate driers Shellae (protective coating)
Soyate driers 8tains: varnish, oil, and was Tallate driers Undercoatings. paint Varnish removers Varnishes Vinyl coatlnp. strlppable Vinyl plastlsol Water paints Wood tillers and sealers Wood stains Zinc oxide In oil (paint)
286 INDUSTRIAL ORGANIC CHEMICALS
Establishments primarily engaged in manufacturing industrial organie chemicals. Important products of this group include: (1) non-cyelic organic chemicals such as acetic, chloroacetic, adipic, formic, oxalic and tartaric acids and their metallic salts; chloral, formaldehyde and methylamine; (2) solvents such as amyl, butyl, and ethyl alcohols; methanol; amyl, butyl and ethyl acetates; ethel ether, ethylene glycol ether and diethylene glycol ether; acetone, carbon disulfide and chlorinated solvents such as carbon tetrachloride, perchloroethylene and trichloroethylene; (3) polyhydrie alcohols such as ethyleno glycol, sorbitol, pentaerythritol, synthetic glycerin; (4) synthetic perfume and flavoring materials such as coumarin, methyl salicylate, saccharin, cltrsi, citronellal, synthetic geraniol, ionone, terpineol, and synthetic vanillin; (5) rubber processing chemicals such as accelerators and antioxidants, both cyclic and acyclic; (6) plasticisers, both cyclic and acyclic, such as esters of phosphoric acid, phthalle anhydride, adipic acid, lauric acid, oleic acid, sebacic acid, and stearic acid; (7) synthetic tanning agents such as naphthalene sulfonio acid condensates; (8) chemical warfare gases; (9) esters, amines, etc. of polyhydrie alcohols and fatty and other acids; (10) cyclic crudes and intermediates; (11) cyclic dyes and organic pigments; and (12) natural gum and wood chemicals. Establishments primarily engaged in manufacturing plastics materials and nonvulcanizable elastomers are classified in Industry 2821; synthetic rubber in Industry 2822; essential oils in Industry 2899; rayon and other synthetic fibers in Industries 2823 and 2824; specialty cleaning, polishing and sanitation preparations in Industry 2842; paints in Industry 2851; and inorganie pigments in Industry 2816. Distilleries engaged in the manufacture of grain alcohol for beverage purposes are classified in Industry 2085.
2861 Gum and Wood Chemicals
Establishments primarily engaged in manufacturing hardwood and softwood dis
tillation products, wood and gum naval stores, charcoal, natural dyestuffs, and natural
tanning materials. Establishments primarily engaged in manufacturing synthetic
tanning materials and synthetic organic chemicals are classified in Industry 2869, and synthetic organic dyes in Industry 2865.
Acetate of lime, natural' Acetone, natural Annato extract Brazilwood extract Brewera^plteh, product of aoftwood .
Calcium acetate, product of hardwood
distillation
-
Charcoal, except activated
Chestnut extract
Dragon's blood.
Dyeing materials, natural
Dyeetulfs, natural
Ethyl acetate, natural
Extracts, dyeing and tanning: naturnl
Fustic wood extract Gambler extract Gum naval stores, processing bat not
gathering or warehousing Hardwood distillates Hemlock extract Dogwood extract Mangrove extract Methanol, natural (wood alcohol) Methvi acetone Methyl alcohol, natural (wood alcohol) Myrobalaus extract Naval stores, gum : processing but not
gathering or warehousing Naval stores, wood
Group Industry No. Mo.
286 INDUSTRIAL ORGANIC CHEMICALS-Continued
2861 Gum and Wood Chemicals--Continued
Oak extract OH, pine: produced bjr dlatlllatlon of
pine yum or pine wood Oils, wood: product of hardwood
dlatlllatlon Pine oil, produced by distillation of
pine gum or pine wood Pit charcoal Pitch, wood Pyroligneous add Quebracho extract Quercitron extract Bosin, produced by distillation of pine
gum or pine wood
Softwood distillates
Sumoe extract
,
Tall oil, except shimmings
Tanning extracts and materials,
natural
. _.
Tar and tar oils, products of wood
distillation '
,,
,,
Turpentine, produced oy distillation of
pine gum or pine wood
Valonla extract
Wattle extract
Wood alcohol, natural
Wood creosote
Wood distillates
2865 Cyclic (Coni Tnr) Crudes, nnd Cyclic Intermediates, Dyes, and Organic Pigments
(Lakes and Toners)
Establishments primarily engaged in manufacturing coal tar crudes and cyclie organie intermediates, dyes, color lakes and toners. Important products of this industry include:
(1) derivatives of benzene, toluene, naphthalene, anthracene, pyridine, carbasole,'and other cyclic chemical products; (2) synthetic organic dyes; (3) synthetic organic pig* ments; and (4) cyclic (coal tar) crudes, such as light oils and light oil products; coal tar acids; and products of medium and heavy oil such as creosote oil, naphthalene, anthra cene, and their higher homologues, and tar. Establishments primarily engaged in manu facturing coal tar crudes in chemical recovery ovens are classified in Industry 3312, and petroleum refineries which produce such products in Industry 2911.
Sdd dya, synthetic Adds, coal tar: derived from coal tar
distillation Alkylated dlpbenylamines, mixed Alkylated phenol, mixed Amfnoanthraqulnona Amlnoaxobenxene Amlnoaxotoluene Amlnophenol Aniline Aniline oil Anthracene Anthraqulnone dyee Axtne dyee Aso dyee Axobenxene Axole dyee Bentaldebyde Ben.ene bexachlorlde (BHC) Benxene, product of coal tar distillation Bensole add Bensol, product of coal tar distillation Biological stains Chemical Indicators Chlorobenzene Chloronapbtbalene Chloropbenol Chlorotoluene Coal tar crudes, derived from coal tar
distillation Coal tar distillates Coal tar Intermediates Color lakes and toners Color pigments, organic: except animal
black and bone black Colors, dry: lakes, toners, or tnU
strength organic colors Colors, extended (color lakes) Cosmetic dyes, synthetic Creosote oil, product of coal tar dis
tillation Cresols, product of coal tar distillation Cresyllc acid, product of coal tar dis
tillation Cyclic crudes, coal tar: product of coal
tar distillation Cyclic Intermediates
Cyclohexane Dlphenylamlne Drug dyee, synthetic Dye (cyclic) Intermediates Dyes, food: synthetic Dyes, synthetic organic Eoslne toners Ethylbenzene Hydroqolnone Isocyanates Inks red C toners Leather dyes and stains, synthttlc Lltbol rsblns lakes and toners Maleic anhydride Methyl violet toners Naphtha, solvent: product of coil tar
dleUllatlon Naphthalene chips and flake* Naphthalene, product of coal tar dis
tillation Naphthol, alpha and beta Nltro dyes Nltroanlllne Nltrobenxene Nitropbenol Xltroso dyes Oil, aniline Otis: light, medium, and heavy--prod
uct of coal tar distillation Organic pigments (lakes and tontra) Orthodlchlorobentene Paint pigments, organic Peacock blue lake Pentachlorophenol Persian orange lake Phenol Phloxlne toners Phosphomolybdlc add lake* and toners Phosphotungstlc add lakes and toners Pbtballc anhydride Phlbalocyanlne toners Pigment scarlet lake Pitch, product of coal tar distillation Pulp colors, organic Quinoline dyee Resorcinol Scarlet 2 R lake
Group Industry No. Mow
288 INDUSTRIAL ORGANIC CHEMICALS--Continued
2865 Cyclic (Coal Tar) Crudes, and Cyclic Intermediates, Dyes, and Organic Pigments (Lakes and Toners)--Continued
8U!ni tor leather StUbene dye* Styrene 8tyreo monomer Tar, product ot coal tar distillation Toluene, product of coal tar dlatuia-
Uoa
Tololdlnea Toluol, product ot coal tar distillation Vat dyes, synthetic Xylene, product of coal tar distillation Xylol, product of coal tar distillation
2869 Industrial Organic Chemicals, Not Elsewhere Classified
Establishments primarily engaged in manufacturing industrial organic chemicals, not elsewhere classified. Important products of this industry include: (1) non-cyclio organic chemicals such as acetic, chloroacetie, adipic, formic, oxalic and tartaric acids and their metaiiio salts; chloral, formaldehyde and methyiamine; (2) solvents such as amyl, butyl, and ethyi alcohols; methanol; amyl, butyl and ethyl acetates; ethel ether, ethylene glycol ether and diethylene glycol ether; acetone, carbon disulfide and chlorin ated solvents suoh as carbon tetrachloride, perchloroethylene and trichloroethylene; (3) polyhydrie alcohols such as ethylene glycol, sorbitol, pentaerythritol, synthetic glycerin; (4) synthetic perfume and flavoring materials such as coumarin, methyl salicylate, saccharin, oitral, citronellal, synthetic geraniol, ionone, terpineol, and syn thetic vanillin; (5) rubber processing chemicals such as accelerators and antioxidants, both cyclio and acyclic; (6) plasticisers, both eyclie and acyclic, such as esters of phos phoric acid, phthalie anhydride, adipic acid, lauric acid, oleic acid, sebacio acid, and steario acid; (7) synthetic tanning agents such aa naphthalenesulfonio acid condensates; (8) chemical warfare gases; and (9) esters, amines, etc. of polyhydrie alcohols and fatty and other acids. Establishments primarily engaged in manufacturing plastics materials and nonvulcanisable elastomers are classified in Industry 2821; synthetle rubber in Industry 2822; essential oils in Industry 2899; wood distillation products, naval stores, and natural dyeing and tanning materials in Industry 2801; rayon and other synthetle fibers in Industries 2823 and 2824; specialty cleaning, polishing and sanitation prepa rations In Industry 2842; paints in Industry 2881; urea in Industry 2873; organie pigments in Industry 2885; and inorganic-pigments in Industry 2816. Distilleries en gaged in the manufacture of grain aloohol for beverage purposes are classified in In dustry 2085.
Accelerators, robber processing: cyclic and acyclic
Acetaldehyde Acetates, except natural acetate of
lime Acetic add, synthetic Acetic anhydride Acetln Acetone, synthetic Add esters, amines, etc. Adds, organic Acrolein Acrylonitrile Adipic add Adipic add eater* Adlponltrll* Alcohol, aromatic Alcohol, fatty: powdered Alcohol, methyl: synthetle (methanol) Alcohols, Industrial: denatured (noo-
bererage) Algin products Amyl acetate end alcohol Antioxidants, rubber processing: cyclic
and ac.rcllc Bromochlorometbunr Butadiene, from nlcohol Butyl acetate, alcohol, and propionate Butyl outer solution of 2,4-D
Calcium oxalata
Camphor, synthetic
Carbon bisulfide (disulfide)
Carbon tetrachloride
Casing dulds, for curing fruits, Vises,
tobacco, etc.
Cellulose acetate, unplastldsed
Chemical warfare gases
Chloral
.
Chlorinated solvents
Chloroacetie acid and metallic salts
Chloroform
Cbloroplcrln
Cltrsl
Citrates
Citric add.
.
Cltrouellal
Coumarin
Cream ot tartar
Cyclopropane
DDT. technical
Decahydronaphthalene
Dlcblorodlfiuoromethane
Dletbylcydohexnne (mixed Isomers)
Diethylene glycol ether
Dimethyl dlrlnyl acetylene (dl-lsopro*
penyl acetylene)
Dlmethylhydraztne, unsymmetrlesl
Embalming fluids
Qroup Industry No. No.
286 INDUSTRIAL ORGANIC CHEMICALS--Continued
2869 Induetrial Organic Chemicals, Not Elsewhere Classified--Continued
Eniymt* Esters of phoepborle, sdlplc. laurie,
oleic, sebadc. aad stearic acids Ester* of phthallc anhydride Ethanol, Industrial Ether Ethyl acetate, synthetic Ethyl alcohol. Industrial (non*
beverage) Ethyl butyrate Ethyl cellulose, unplasticised Ethyl chloride Ethyl ether Ethyl format* Ethyl nitrite Ethyl perhydrophenaathren* Ethylene Ethylene rlycol Ethylene flycol ether Ethylene glycol. Inhibited Ethylene oxide Fatty arid ester*, amines, etc. Ferric ammonium oxalate Flavor* and flavoring materials, syn
thetic Floorinated hydrocarbon gases Formaldehyde (formalin) Formic add aad metallic salts Freon Fuel propellants, solid: organic Fuels, high energy: organic Geranlol, synthetic Glycerin, except from fets (synthetic) Grain alcohol. Industrial (nonbever
age) Hexamethylenedlamine Hexamethylenetetramine Blgh purity grade chemicals organic:
refined from technical grade* Hydraulic fluids, synthetic base Hydrasine Industrial organic cyclic compounds Ionone Isopropyl alcohol Ketone, methyl ethyl Ketone, methyl lsobotyl Laboratory chemicals organic Lanric arid ester* Lime citrate Halononltrlle, technical grade Metallic salts of acyclic organic chem
icals Metallic stearate Methanol, synthetic (methyl alcohol) Methyl chloride Methyl perhydrofluorine Methyl salicylate Methylamlne Methylene chloride Monochlorodlfiuorometbane Monomethylparamlnophenol sulfate Monotodlum glutamate Mustard gas Naphthalene sulfonic acid condensates Naphthenic arid soaps
Normal hexyl decalIn Nuclear fuels, organic Oleic add ester* Organic arid ester* Organic chemicals, seydle Oxalates Oxalic arid and metallic salts Pentaerytbrttol Perchloroethylenc Perfume materials, synthetic Phosgene Phthalate* Plasticisers, organic: cyclic and acyclic Polybydrie alcohol ester*, amines, etc. Polyhydrie alcohols Potassium bltartrate Propellants for missiles, solid: organic Propylene Propylene glycol
Snealngnernitldglnraodleesctheermoficbaelsn,syotrlcgaanriidc: re
fined from technical grades Rocket engine fuel, organic Rubber processing chemicals, organic t
accelerator* ana antioxidants Saccharin Sebectc arid Silicones
naphthenic arid n acetate Sodium alginate Sodium bensoate Sodium glutamate 8odlum pentacblorophenate Sodium sulfoxalat* formaldehyde Solvents, organic Sorbitol Btearic arid salts Sulfonated naphthalene TacktSers, organic Tannic arid Tanning agents, synthetic organic Tartaric arid and metallic salts Tartrate* Tear gas^
Terf-butylated bis (p-phenoxyphenyl) ether fluid
Tetrachloroethylene Tetraethyl lead Thloglycollc arid, for permanent wave
lotions Trichloroethylene Trichloroethylene stabilised, degress-
Ins . Triehlorophenoxyacetlc arid Trlchloroirlfluoroethane tetrschlorodl-
fluoroethnne Isopropyl alcohol Trlcresyl phosphate Trldec.vl alcohol Trlmethyltrlthlopbosphit* (rocket pro
pellants) Tripheny) phosphate Vanillin, lynthette Vinyl acetate
AGRICULTURAL CHEMICALS
This group Inoludes establishments primarily engaged In manufacturing nitrogenous and phosphatlo basic fertilisers, mixed fertilisers, pesticides, and other agricultural, chemicals. Establishments primarily engaged in manufacturing basic chemicals, which require further processing or formulation before use as agricultural pest control agents, are classified In Group 281 or 286.
Group Industry No. No.
287 AGRICULTURAL CHEMICALS-Continued
2878 Nitrogenous Fertilizers
2874
Establishments primarily engaged in manufacturing nitrogenous fertilizer materials or mixed fertilisers from nitrogenous materials produced in the same establishment. In* eluded are ammonia fertilizer compounds and anhydrous ammonia, nitric acid, am* monium nitrate, ammonium sulfate and nitrogen solutions, urea, and natural organle fertilizers (except compost) and mixtures.
Ammonia Uquor Ammonium nitrate and sulfate Anhydrous ammonia Aqua ammonia, made in ammonia
plants 'Fertilisers: natural (organle), except
compost
Nitric acid Nitrogen solutions (fertiliser) Plant foods, mixed: made In plant*
producing nitrogenous fertiliser Urea
Phosphatic Fertilizers
2875
Establishments primarily engaged in manufacturing phosphatic fertiliser materials, or mixed fertilizers from phosphatic materials produced in the same establishment. In cluded are phosphorio acid; normal, enriched, and concentrated superphosphates; am monium phosphates; nitro-phosphates; and calcium meta-phosphates.
Ammonium phosphate Calcium meta-phosphate Deduorlnated phosphate D1ammonium phosphate Fertilisers, mixed : made in plants pro
ducing phosphatic fertilizer ma terials
Phosphoric add Plant foods, mixed: made In plants pro
ducing phosphatic fertiliser Superphosphates, ammoniated and not
unmounted
Fertilizers, Mixing Only
Establishments primarily engaged in mixing fertilizers from purchased fertilizer mtlenuli.
2879
Compost Fertilizers, mixed: msde in plants not
manufacturing fertilizer materials
Potting soil, mixed
Pesticides and Agricultural Chemicals, Not Elsewhere Classified
Establishments primarily engaged in the formulation and preparation of ready-to-us agricultural and household pest control chemicals, including insecticides, fungicides and herbicides from technical 'chemicals or concentrates; and the production of con centrates which require further processing before use as agricultural pesticides. This industry also includes establishments primarily engaged in manufacturing or formulating agricultural chemicals, not elsewhere classified, such as minor or trace elements and soil conditioners. Establishments primarily engaged in manufacturing basic or technical agricultural pest control chemicals including insecticides, fungicides, and herbicides such as lead and calcium arsenates, and copper sulfate are classified in Group 281, and DDT, BHC, 2,4-D carbamates, etc., in Group 286. Establishments primarily engaged in manufacturing agricultural lime products are classified in Major Group 32.
Agricultural disinfectants Agricultural pesticides Arsenates: calcium, copper, and lead--
formulated Arsenltes, formulated Bordeaux mixture Calcium arsenate aud arsenlte, formu
lated Cattle dips Copper arsenate, formulated DDT (Insecticide), formulated Defoliants Elements, minor or trace (agricultural
chemicals) Exterminating products, for household
and Industrial use Fly sprays Fungicides Growth regulants. agricultural Herbicides
Hormones, plant
Household insecticides
Insect powder, household
Insecticides, agricultural
Lead arsenate, formulated
Ltme-sultur, dry and solution
Llodane. formulated
Moth repellents
Nicotine and salti
Nicotine bearing Insecticide*
Paris green (Insecticide)
.
Pesticides, household
Pbytoactln
Plant hormones
.
Poison: ant, rat, roach, and rodent----
household
Pyretbrtn bearing preparations
Pyrethrla concentrates
Rodenttcldes
Rotenone bearing preparations
Group Industry No. No.
287 AGRICULTURAL CHEMICALS--Continued
2879 Pstidda and Agricultural Chemicals, Not Elsewhere Classified--Continued
Rotenono concentrates Sheep dlpe, chemical Sodium aroenlte (tormnlated) Soil conditioners Sulfur dost (Insecticide)
Thlocjanates. organic (tormnlated) Trace elements (sgrienHoral cheml-
cals) Xaathoa* (formulated)
289 MISCELLANEOUS CHEMICAL PRODUCTS
2891 Adhesives and Sealants
HU
Establishments primarily engaged in manufacturing industrial and household ad hesives, glues, calking compounds, sealants, and linoleum, tile, and rubber cements from vegetable, animal, or synthetic plastics materials, purchased or produced in the same
establishment. Establishments primarily engaged in manufacturing gelatin and sisea
are classified in Industry 2899, and vegetable gelatin or agar-agar in Industry 2833.
Adheslvae Adbeelvee. plastic
nitrate bam) Cement, mending Cement, rubber Epoxy adbeelvee Glue, except dental: animal,. ve_getable.
flan, casein, and ijnthetle resin Iron cement, household
Laminating eempousds Mucilage Paste, adhesive Porcelain cement, household Robber cement Sealing compounds for pipe threads
and joints Sealing compounds, synthetic rubber
and plaatte Wax, sealing
Explosives
2893
Establishments, primarily engaged in manufacturing explosives. Establishments primarily engaged In manufacturing ammunition for small arms are classified in Industry 3882 and fireworks in Industry 2899.
Amatel (explosive) AsldM (Xplosives) Blasting powder and blasting cans Carbohydrates, nitrated (explosives) Cordesu dttoaant (explosive) Cordite (explosive) Detoestlof caps for safety fuses Detossteso (explosive compounds) Dyeemits Explosive cartridges for concussion
formlag of metal Exploits* compound* Exptootvs* Fuwoate of mercury (explosive com_ Bound). Fuss powder Fuses, safety Gunpowder High explosives
-L-e--a--d--a--s--id--e. (e,x--plosiv..e) Mercury aside (explosive) Nitrocellulose powder (exploolvo) Nltrorlycerla (explosive) Nltromsnnltol (explosive) Nltroetareh (explosive) Nltrosugsrs (explosives) Pentollte (explosive) Permissible explosive* Picric add (exploalvt) Powder: pellet, smokeless, and sport
ing (explosive) RD* (explosive) Sqnlbbs. electric Stypbnlc odd Tetrrl (explosive) TNT (trinitrotoluene) Well shooting torpedoes (explosives)
Printing Ink
Establishments primarily engaged in manufacturing printing ink, gravure ink, screen
process ink, and lithographic ink.
Bronxe lab Gold Ink Gravure Ink Ink, duplicating
Ink, printing: base or finished lithographic Ink Printing Ink Screen process ink
289S Carbon Black
Establishments primarily engaged in manufacturing carbon black (channel and furnace
black).
Carbon black Channel black
Furnace black
Groap Induetry No. No.
289 MISCELLANEOUS CHEMICAL PRODUCTS--Continued
2899 Chemicals and Chemical Preparations, Not Elsewhere Classified
Establishments primarily engaged in manufacturing miscellaneous chemical prepara*
tions, not elsewhere classified, such as fatty adds, essential oils, gelatin (except
vegetable), sixes, bluing, laundry sours, writing and stamp pad inks; industrial
compounds, sueb as boiler and beat insulating compounds, metal, oil and water treating
compounds, water-proofing compounds and chemical supplies for foundries. Establish
ments primarily engaged in manufacturing vegetable gelatin (agar-agar) are classified
in Industry 2833; and dessert preparations based on gelatin in Industry 2099.
Add, battery
Add mist for etching
Anise oil
Antlfreesa compounds, except Indus
trial alcohol
Bay oil
Binders (chemical foundry supption)
Bluing
.
Boiler compound*. antUrtllng
Bomba, flashlight .
Caps, for toy pistols
Carbon removing solvent
Chemical cotton (processed cotton
ChenUdiVsuppUes for foundries
CltronellaoQ
. ..
Concrete curing compound* (Mends of
pigment*, waxee, sad resins)
Concrete hardening compound*
Core oU sod Madam
Cor* wash
Cere wax Corrosion preventive lubricant, syn
thetic base: fog Jot engines
Defrosting fluid
De-ldng fluid
Dextrine else*
Desalter kits, sea water
Drilling mud
Dyes, household
Esaenttal oils
Zuealyptus oil Exothermic* for metal Industrie*
Faring* (chemical foundry suppUes) .
Fatty adds: margsrie, oleic, and
atearie Fire extinguisher charger*
Fir* retardant ebemienw
Firework*
Flares (all kind*) Fluidifies (retarder) for ooncceto
Fluoreacent inspection oil , . . Fluxes: brailng, soldering, galvanising,
and welding
Foam eharge mixture*
Feed contamination testing and
screening kits
Foundry supplies
Fuel tank and engine eleanlog chemi cal*. automotive and aircraft
Fusees: highway, marine, and railroad G--ela"tls c-a--p--s-u--l-e-s- , e--m---pity Otlatle: edible, tetelhnleal. pboto-
grspble. asd pharmaceutical
GSum ' ell matari*! (concrete mending
_ compound Gas fliomihnliunig compounds Best iciuinfifg edmpovsds
!
Mt treating salts ydrofluorle add compound,
tor
etch
ing and polishing glass
Igniter grains, boron potassium nitrate
sets** s2Sand writing fluids, except printing
Inspection oil, fluorescent
Insulating compounds
jet fuel Igniters
Laundry souis
Lemon oil
Lighter fluid
'aguetie Inspection oil and powder
targurie add
fetal drawing compound lubricants
'etsl treating compounds
Military pyrotechnic*
Napalm
Oil, red (olele add)
Oil treating compounds
Oleic add (redoU)
Orange oil
Orris oil
Sxalsdrlainers.
. inorganic
Packers' salt
Parting compounds (chemical foundry
?estuchppinligesp)laster, household
eoetrant*. Inspection
Peppermint oil
Plastic wood
Plating compounds
Pyrotechnic ammunition : Bares, sig
nals. flashlight bomba, and rockaite
Railroad torpedoes
Redoll (oltlcadd)
Rifle bora cleaning compounds
Rosin sixes
Rust resisting compounds
8alt
Signal flares, marine
8ltet: animal, regetable, and synthetic
plastics materials
Sodium chloride, refined
Soil testing kits
Spearmint oil
Spirit duplicating fluid
Stearic add
Stencil correction compounds
Tints and dyes, household
Torches (fireworks)
Torpedoes, railroad
Vegetable oils, vulcanised or sulfurisad
Water, dlatilled
Water treating compounds
Waterproofing compounds
Wax. core
^WMfluid.
Major Group 29.--PETROLEUM REFINING AND RELATED INDUSTRIES
The Major Group as a Whole
This major group includes establishments primarily engaged in petroleum refining, manufacturing paving and roofing materials, and compounding lubricating oils and greases from purchased materials. Establishments manufacturing and distributing gas to consumers are classified in public utilities industries, and those primarily engaged in producing coke and byproducts in Major Group 33.,
Group Industry No. No.
291 PETROLEUM REFINING
2911 Petroleum Refining
Establishments primarily engaged In producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants and other products from crude petroleum and its fraotionation products, through straight distillation of crude oil, redistillation of unfinished
petroleum derivatives, cracking or other processes. Establishments primarily engaged in producing natural gasoline from natural gas are classified in mining industries. Those manufacturing lubricating oils and greases by blending and compounding purchased materials are included in Industry 2992. Establishments primarily re-refining used lubricating oils are classified in Industry 2992.
Add oil Alkylates Aromatic chemicals, made la petroleum
refineries Asphalt aad asphaltic materials: liquid
and solid--produced la refineries Beosene, produced la petroleum refin-
erles BentoL produced la petroleum reflaeries Butadieae, from petroleum Coke, petroleum: produced la petro
leum reflaeries Fractlonatloa products of crude
petroleum Gas. refinery or still oil: produced la
petroleum reflaeries Gases, liquefied petroleum Gasoline blending plants Gasoline, except natural gasoline Greases: lubricating, produced la petro
leum reflaeries Hydrocarbon fluid, made la petroleum
reflaeries Jet fuels
Kerosene
Mineral jelly, produced In petroleum re
fineries
Mineral oils, natural
Mineral waxen natural
Naphtha, produced la petroleum re
fineries
Naphthenic acid* Oils: fuel, lubricating, and Illuminat
ing--produced la petroleum refineries
Oils, partly refined: sold for rerun
ning--produced la reflaeries
Paraffin wax, produced In petroleum
refineries
.
Petrolatum*, nonmedlelnal
Petroleum refining
Road material*, bituminous: produced
In petroleum refineries
Road oils, produced la petroleum re
fineries .
Solvents, produced la petroleum re
fineries
Tar or residuum, produced la petroleum
reflaeries
EPA PUBLIC MEETING FOR ORAL COMMENTS ON INVENTORY REGULATIONS.
AUGUST 24, 1977 9:00 a.m. to 4:30 p.m.
Thomas Jefferson Auditorium Department of Agriculture
- 14th and Independence Avenue, S.W. Washington, D.C.
ORAL COMMENTS IF YOU WISH TO RESERVE TIME TO SPEAK AT THIS PUBLIC MEETING, CONTACT VICKI BRIGGS--(202) 462-9818--ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF TOXIC SUBSTANCES (WH-557), 401 M STREET, S.W., WASHINGTON, D.C. 20460. Each person may request up to 15 minutes to present comments although less time may be allotted depending upon the number of participants. EPA will make a transcript of the proceedings for pi2blic inspection.
WRITTEN COMMENTS Written comments must be received on or before September 16, 1977. While EPA would welcome comments on any aspect of these proposed regulations, persons are encouraged to direct their comments to the new provisions proposed and not duplicate comments submitted earlier. Comments should be filed in triplicate and bear the identifying notation OTS-081002. They may be mailed to Vicki Briggs at the above address. EPA will respond to all the comments submitted in response to the proposed rulemaking notices in the final inventory reporting regulations.
ft U. S. GOVERNMENT PRINTING OFFICE : 1971 729 153/1345
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
OFFICE OF TOXIC SUBSTANCES
The purpose of this letter is to alert you to the importance of the attached documents. Please read the enclosed FEDERAL REGISTER notice and other material carefully as they contain Information helpful for understanding the proposed inventory reporting requirements under the Toxic Substances Control Act.
This package contains the following documents of interest to manufacturers, importers, and processors of chemical substances.
1. August 2 FEDERAL REGISTER, containing reproposed regulations under Section 8(a) of the Toxic Substances Control Act. (Tab A).
2. Questions and answers concerning the reproposed inventory reporting regulations. (TAB B)
3. Timetable for inventory reporting under reproposed regulations. (TAB C)
4. Standard Industrial Classification Major Group 28 and Group 2911 (Standard Industrial Classification Manual 1972, Washington, D.C., Office of Management & Budget, Superintendent of Documents, U.S. Government Printing, 1972. (TAB D)
5. Notice of public meeting in Washington, D.C. on August 24, 1977 (TAB E)
After you read through the enclosed documents, if you have questions
you may call the Industry Assistance Office, (202) 755-0535.
.
Sincerely yours.