905R80136
5587
QUESTIONS AND ANSWERS:
FINAL INVENTORY REPORTING REGULATIONS,
TOXIC SUBSTANCES CONTROL ACT (TSCA)
The following questions and answers have been prepared
to assist industry members with the requirements set forth
in the TSCA Inventory reporting regulations. When applicable,
the answers have been cross-referenced to a specific section
in the regulations or a certain comment/response in the
appendix for a further explanation of the addressed issue.
There are 70 questions in total, within 14 categories.
Category: Questions:
Where to Obtain Information 1 - 3
Reportable Chemical Substances 4
Manufacturers: Who Must
Report/Who May Report 5 - 9
Importers: Who Must Report/
Who May Report 10 - 18
Small Manufacturers/Small Importers 19 - 22
Processors and Users 23 - 26
Substances Which Should Not Be Reported 27 - 38
When to Report 39 - 41
How to Report 42 - 50
Candidate List 51 - 56
Trademark Reporting 57 - 60
Confi dentiali ty 61
Initial Inventory/Revised Inventory
Publication 62 - 66
Miscellaneous 67 - 70
A "Timetable of Important Dates" pertaining to TSCA
Inventory reporting and its publication concludes this package.
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U.S. Environmental Protection Agency.
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WHERE TO OBTAIN INFORMATION
i; Q. Where can I get a copy of the Toxic Substances
Control Act (TSCA) Inventory Reporting Regulations?
A. The final regulations were published in the
December 23, 1977 Federal Register (Volume 42 ,
Part vi ). Copies of this Federal Register can
be obtained from all EPA Regional Offices, and
from 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. You may
also call this toll free number: (800) 424-9065,
to obtain the TSCA Inventory reporting regulations.
(NOTE: Persons already on the EPA Industry
Assistance Office's mailing list will automatically
be sent a copy of the December 23, 1977 Federal
Register.)
2) Q. Where can I get Inventory reporting forms and the
instruction manual, "Reporting for the Chemical
Substance Inventory"?
A. Reporting forms and the instruction manual can be
obtained from all EPA Regional Offices and the EPA
Headquarters' Inventory Assistance Office (See
Answer #1).
(NOTE: Chemical manufacturers, importers, proces-
sors, and trade associations already on the EPA
Industry Assistance Office's mailing list will
automatically be sent 2 copies of each reporting
form, and the instruction manual. You will also
receive a postal card to order additional report-
ing forms. The forms will be mailed to you
promptly. Reporting forms may also be ordered by
calling the toll free number: (800) 424-9065.
U,S. Environmental Protection Agency
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You must report concerning all reportable chemical
substances that you manufacture at a plant site
during 1977 if:
1(a) Thirty percent or more, by net weight, of the
products you distribute from that p'iant site,
during 1977, consists of products included
under Standard Industrial Classification (SIC)
groups 28 or 291.1. A list of these producT
types is included in the instruction booklet
entitled, "Reporting for the Chemical Substances
Inventory".
To determine whether you meet criterion l(a), add the
weight of all SIC 28 and 2911 products you distribute,
including those which are not reportable chemical
substances, such as drugs, pesticides, and mixtures.
If the total is thirty percent or more of the weight
of all products you distribute, you must report the
reportable chemical substances you manufacture.
Likewise, you must report all reportable chemical
substances that you manufactured at a plant site
during 1977, if:
1(b) The total pounds of reportable chemical
substances'manufactured at that site, during
1977, equals one million pounds or more.
If you do not meet either of the above criteria,
you still must report concerning an individual
reportable chemical substance if:
2. You manufactured that chemical substance in
quantities of 100,000 pounds or more, at one
plant site during 1'977't' (TSCA Reporting Regu-
lations, Section 710.3 (a) (1) (ii))
(NOTE: Small manufacturers who are required to
report under the first criteria, either l(a) or
l(b), are exempt from reporting production volume
and plant site information. However, no manu-
facturer is exempt from reporting production
volume and plant site information for any report-
able chemical substance that they manufactured in
quantities of 100,000 pounds or more in 1977. See
definition of small manufacturer, Section 710.2(x)
in the reporting regulations.)
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3) Q. How can I be included on the EPA Industry Assistance
Office's mailing list, to receive information and
regulations concerning TSCA?
A. Contact the Industry Assistance Office at the address
given in Answer #1, an EPA Regional Office, or call
the toll free number: (800) 424-9065.
REPORTABLE CHEMICAL SUBSTANCES
4) Q. Should the chemical substances I manufacture, import,
process and/or use be included on the Inventory,
that is, are they "reportable chemical substances?"
A. Any chemical substance which has been manufactured,
imported, or processed for a commercial purpose
since January 1, 1975 is a "reportable chemical
substance". Read carefully Section 710.2(h) which
defines "chemical substance", and Section 710.4
which states which chemical substances are in-
cluded in the Inventory, which are excluded from
the Inventory, and which should be reported for
the Inventory.
MANUFACTURERS: WHO MUST REPORT/WHO MAY REPORT
5) Q. I manufacture reportable chemical substances. How
do I determine if I am required to report for the
Inventory?
A. There are two groups of criteria which establish
who is required to report for the Inventory. If
you fall within the first group (l(a) or l(b)),
you must report concerning all reportable chemical
substances that you manufacture. If you fall
within the second, you must at least report con-
cerning those reportable chemical substances that
you produce in quantities of 100,000 pounds or more,
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6) Q, i manufacture reportable chemical substances, but
I do not meet any of the criteria in Section
710.3(a)(l) concerning required reporting. Do I
need to report for the Inventory?
A. You are not required to report for the Inventory.
However, you should still ensure that your report-
able chemical substances are included on the
Initial Inventory. Any of your reportable chemical
substances not on the Iiritial Inventory will be
subject to premanufacture notification requirements,
starting thirty days after publication of the
Initial Inventory.
Accordingly, you may report any reportable chemical
substance you manufacture (or have manufactured
since January 1, 1975) for the Inventory, during
the initial reporting period, January 1, 1978 to
May 1, 1978.
In making sure that your reportable chemical sub-
stances are reported for the Inventory, you may
(1) report them yourself, (2) designate a trade
association to report them for you, or (3) rely
on your knowledge that another manufacturer is
reporting the same chemical substances. (TSCA
Reporting Regulations, Section 710.3(a)(3))
7) Q. Can a manufacturer, who is not required to report for
the Inventory, authorize a trade association or
other agent to report his reportable chemical sub-
stances?
A. Yes. A trade association may report on behalf of
a manufacturer who is not required to report for
the Initial Inventory. The manufacturer must
certify, though, to the trade association or agent
that he has manufactured the chemical substance
Since January 1, 1975. (TSCA Reporting Regulations,
Section 710.5 (f))
8) Q. Do I have to be a member of the trade association
that I authorize to report for the Inventory, on
my behalf?
A. No. (See Comment/Response #16.)
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9) Q. if j export all of the reportable chemical sub-
stances which J manufacture, should those chemical
substances still be included on the Inventory?
A. Yes, exporters are subject to the reporting require-
ments under Section 8 of TSCA.
IMPORTERS: WHO MUST REPORT/WHO MAY REPORT
10) Q. I import reportable chemical substances into the
U.S. in bulk form (i.e., in cans, bottles, drums,
barrels, packages, tanks, bags, or other containers).
Am I required to report for the Inventory?
A. You are required to report for the Inventory if you
fall within the criteria established in 710.3(a)(2).
Similar to the criteria for manufacturers who must
report, these criteria can be divided into two
groups: (1) Who must report concerning all the
reportable chemical substances they import, and
(2) Who must report solely concerning those report-
able chemical substances imported in quantities of
100,000 pounds or more.
If:
1 ( a ) Thirty percent or more, of the net weight of
the products you imported, during 1977, consists
of the types of products included under Standard
Industrial Classification (SIC) groups 28 and
2911 ;
or
1 (b) The total pounds of reportable chemical sub-
stances imported, during 1977, equals one
million pounds or "
you must report for the inventory, concerning all
reportable chemical substances that you imported
during 1977.
(NOTE: To determine whether you meet criterion
l(a), add the weight of all of your SIC 28 and 2911
products, including those products which are not
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reportable chemical substances, such as drugs,
pesticides, and mixtures. If the total comprises
thirty percent or more of the weight of your im-
ported products, you must report the reportable
chemical substances you import.)
If you do not meet the above criteria, but:
2. You imported a reportable chemical substance,
during 1977, in quantities of 100,000 pounds
or more,
you must report for the Inventory concerning that
chemical substance only.
(NOTE: Small importers who are required to report
under either of the first criteria, l(a) or l(b),
are exempt from reporting production volume and
plant site information. However, no importer is
exempt from reporting production volume and plant
site information for any chemical substance im-
ported in quantities of 100,000 pounds or more in
1977. (TSCA Reporting Regulations, Section 710.3
(a) (2))
11) Q. What should an importer use as the site(s) of
importation when reporting for the Inventory?
A. Importers should use their business address as the
site of importation for all of their imported chemical
substances. If an importer has more than one business
address, he should report from his principal business
address. (TSCA Reporting Regulations, Section 710.2
(w))
12) Q. Can an importer, who is not required to report for
the Inventory, authorize a trade association or other
agent to report his reportable chemical substances?
A. Yes. A trade association may report on behalf of
an importer who is not required to report for the
Initial Inventory. The importer must certify,
though, to the trade association or agent that he
has imported the chemical substance since January 1,
1975. (TSCA Reporting Regulations, Section 710.5
(f))
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13) Q. Do I have to be a member of the trade association
that I authorize to report for the Inventory, on
my behalf?
A. No. (See Comment/Response if 16.)
14) Q. As an importer of reportable chemical substances,
can I have my foreign supplier assist me in re-
porting for the Inventory?
A. Yes. Both importers of chemical substances who
must report and importers who may report can
authorize their foreign suppliers to report jointly
with them if the importers use Form C when re-
porting for the Inventory. In all cases, however,
you, the importer, are still the person responsible
for ensuring that your reportable substances are
on the Inventory and that the form is accurately
filled Out. (TSCA Reporting Regulations, Section
710.5 (e))
15) Q. I import chemical substances, but I do not meet any
of the criteria in Section 710.3(a)(2) concerning
required reporting. Do I need to report for the
Inventory?
A. You are not required to report for the Inventory.
However, you should still ensure that your reportable
chemical substances are included on the Initial
Inventory. Any reportable chemical substances not
on the Initial Inventory will be subject to pre-
manufacture notification requirements, starting
thirty days after publication of the Initial
Inventory.
Accordingly, you may report any reportable chemical
substance you import (or imported since January 1,
1975) for the Inventory, during the initial re-
porting period, from January 1, 1978 to May 1,
1978.
In making sure that your reportable chemical sub-
stances are reported for the Inventory, you may
report them yourself, designate a trade association
to report them for you, or rely on your knowledge
that another importer is reporting the same chemical
substances. You may also authorize your foreign
supplier to report for. you. (TSCA Reporting
Regulations, Section 710.3(a)(3))
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16) Q. I import mixtures which contain reportable chemical
substances. Should I report for the Inventory?
A. Although you are not required to report for the
Inventory, you should ensure that the chemical
substances as part of imported mixtures are on
the Inventory. Chemical substances in imported
mixtures, not listed on the Revised Inventory,
will be subject to premanufacture notification
requirements.
You may report the chemical substances imported
in mixtures during either the 'initial reporting
period from January 1, 1978 to May 1, 1978; or
during the second reporting period, which will
start when the Initial Inventory is published in
Fall 1978 and will last for 210 days. Chemical
substances imported as part of mixtures will be
subject to premanufacture notification require-
ments 30 days after publication of the Revised
Inventory in Fall 1979.
You may report for the Inventory yourself, or
authorize a trade association to report for you.
You may also authorize your foreign supplier to
report for you, although you, not your supplier,
will still have the full responsibility for
reporting, under these regulations.
17) Q. I import articles which contain reportable
chemical substances. Should I report those
chemical substances for the Inventory?
A. Athough you are not required to, you may report
the chemical substances which are imported as
part of articles, during either the reporting
period for the Initial Inventory or the second
reporting period which will begin after publica-
tion of the Initial Inventory in Fall 1978 and
last 210 days.
The chemical substances imported as part of articles
are not subject to premanufacture notification
requirements under Section 5 of TSCA. EPA is
reconsidering whether to require premanufacture
notification for certain chemical substances im-
ported as parts of articles.
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You may report for the Inventory yourself, or
authorize a trade association to report for you.
You may also designate your foreign supplier to
assist you in reporting, although, only you, the
importer, and not the foreign supplier, are re-
sponsible under TSCA.
18) Q. I blend reportable chemical substances A and B,
without a chemical reaction, into a mixture A + B.
I buy chemical A, but I import chemical B. What
and when should I report for the Inventory?
A. Under these regulations, you are both a processor
and an importer. Accordingly, your responsibilities
for the Inventory differ for the two chemicals A and B
You are an importer with respect to B. Therefore,
you are subject to the Initial Inventory as described
above.
With respect to chemical A, you are a processor
under these regulations. Accordingly, you are not
subject to the Initial Inventory, for chemical A.
If it does not appear on the Inventory, you may
report it, or authorize a trade association to
report it for you during the second reporting
period, for the Revised Inventory. As a processor,
you are not subject to premanufacture notification
requirements and will have no liabilities concerning
chemical A until after the Revised Inventory is
published. (See Q. 62-66 on the Initial/Revised
Inventories.) (TSCA Regulations, Section 7102 (1)(O)
and 710 . 3 (a) (2 ) )
Mixtures are excluded from the Inventory, so you
will not report A + B.
SMALL MANUFACTURERS/SMALL IMPORTERS
19) Q. What is the definition of "small manufacturer"?
A. Under these regulations a small manufacturer is
any manufacturer who had total annual sales of less
than $5 million, during calendar year 1977. How-
ever, no manufacturer is "small" with respect to
any chemical substance he manufactured in quantities
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of 100,000 pounds or more at one plant site
during 1977. If your company is owned or controlled
by another company, calcuate your total annual
sales on the basis of the combined total annual
sales of your company, the parent company, and any
other subsidiaries of that company.
20) Q. Is the definition of "small manufacturer" in these
reporting regulations applicable in all future
regulations under TSCA?
A. No. This definition applies only to these Inventory
reporting regulations. Different regulations in the
future will place different financial burdens on
manufacturers and importers. EPA will assess the
financial burdens of all such future regulations
and determine appropriate definitions of "small
manufacturers and importers".
21) Q. Although I am a small manufacturer, I meet the
Inventory reporting requirements. Do I have to
report?
A. Yes. You are not exempt from reporting for the
Inventory. However, in balancing the financial
burden of reporting for small manufacturers, EPA
does exempt small manufacturers from reporting
production volume and plant site information with
respect to chemical substances manufactured in
quantities under 100,000 pounds, at one plant site.
(See TSCA Reporting Regulations, Section 710.5
and the Instruction Booklet entitled, "Reporting
for the Chemical Substances Inventory".)
22) Q. My company is a subsidiary of a large manufacturing
firm whose total annual sales for 1977 exceeded $5
million. However, my individual company's total
annual sales were less than $5 million in 1977.
Am I a "small manufacturer" under these reporting
regulations?
A. No. The total annual sales figure you should use,
when determining if you are a small manufacturer,
is the combined total annual sales of your company,
your parent company, and any other companies that
your parent company owns or controls. (TSCA
regulations, Section 710.2(x))
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PROCESSORS AND USERS OF CHEMICAL SUBSTANCES
23) Q. I am a processor of reportable chemical substances.
(See Section 710.2 (t)-(v).) Am I subject to the
premanufacture notification requirements which be-
gin 30 days after publication of the Initial
Inventory?
A. No. You are not subject to the Initial Inventory,
or to the premanufacture notification requirements.
You may, however, report any chemical substance not
included on the Initial Inventory that you processed
for a commercial purpose since January 1, 1975, for
the Revised Inventory. (TSCA Reporting Regulations,
Section 710.3 (b) (2 > )
24) Q. I manufacture a mixture by blending several chemical
substances. No chemical reaction occurs during the
process. Am I required to report those chemical
substances for the Inventory?
A. No. Under these regulations, a manufacturer of a
mixture is considered a processor of the chemical
Substances he uses. (TSCA Reporting Regulations,
Sections 710 . 3 (b ) (1) (ii ) , and 710.3(c))
25) Q. I manufacture an article with chemical substances
which I purchase. Am I required to report those
chemical substances for the Inventory?
A. No. You are a processor of those chemical sub-
stances. (TSCA Reporting Regulations, Sections
710 .3(b) (1) (i) , and 710. 3 (c) )
26) Q. My company buys reportable chemical substances in
bulk and repackages them into small containers
for resale to wholesale companies. Since I do not
manufacture or import these chemical substances,
am I required to report for the Inventory?
A. No. You are a processor of those chemical
substances.
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SUBSTANCES WHICH SHOULD NOT BE REPORTED
27) Q. I manufacture mixtures (defined at 710.2 (q)).
Should I report them for the Inventory? I manu-
facture articles (defined at 710. 2 if ) ) . Should
I report them for the Inventory?
A. No. Mixtures and articles are excluded from the
Inventory. (TSCA Reporting Regulations, Sections
710.5(c) and 710.2(h))
28) Q. I stopped manufacturing a particular chemical
substance before January 1, 1975. However, it
has been processed since that time by someone
else. As the manufacturer, should I report for
the Inventory?
A. No. You should not report this chemical substance,
if you have not manufactured, imported, or pro-
cessed it since January 1, 1975. Instead, the
processor, in this particular case, may report the
chemical substance, during the second reporting
period. (TSCA Reporting Regulations, Section
710.3 (b) (1) (i) )
29) Q. Do I have to report chemical substances which
occur in nature such as agricultural products
and ores?
A. No. These are automatically included in the
Inventory under the category, "Naturally Occurring
Chemical Substances". You should not report them
for the Inventory as long as they are extracted
from nature by one of the processes described in
Section 710.4(b). (See Comments/Responses 72 to 74.
TSCA Reporting Regulations, Section 710.4 (b))
30) Q. I manufacture substances used only as a: (1) food,
food additive, drug, cosmetic or device/ (2) tobacco
product; (3) firearm product; (4) nuclear material;
or (5) pesticide. Should I report these substances
for the Inventory?
A. No. Substances used only for these purposes are
excluded from TSCA. They are regulated under
Other Federal Acts. (See Comments 37 to 42. TSCA
Reporting Regulations, Section 710.4(c)(l), 710.2
(h))
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31) Q. Should impurities be reported for the Inventory?
A. No. Impurities (i.e., chemical substances un-
intentionally present with other chemical
substances) are excluded from the Inventory
reporting. (TSCA Reporting Regulations,
Section 710.4(d)(l), 710.2 (m) )
32) Q. Should by-products be reported?
A. No. By-products which have no commercial purpose
are excluded from Inventory reporting. However,
by-products which have some commercial value may
be reported for the Inventory. You may report a
by-product which is burned as fuel, used as land-
fill for enriching soil, or used as a source from
which component chemical substances with commercial
value are extracted. (TSCA Reporting Regulations,
Section 710.4(d)(2), 710.2(g))
33) Q. Should chemical substances be reported which are
manufactured, imported or processed solely for use
in research and development activities?
A. No. Chemical substances manufactured or imported
solely for use in scientific experimentation,
analysis, research, or development activities are
not to be reported for the Inventory. (TSCA
Reporting Regulations, Section 710.2(y), 710.4(c)(3))
34) Q. I manufacture iron bars which I store in a warehouse,
before selling. While being stored, some rust
accumulates on the iron bars. The formation of the
rust is the result of a chemical reaction. Do I have
to report the rust that is produced?
A. No. These regulations exclude from the Inventory,
any chemical substance resulting from a chemical
reaction which occurs incidental to exposure of a
chemical substance, mixture, or article to environ-
mental factors (such as air, moisture, microbial
Organisms Or Sunlight). (TSCA Reporting Regulations,
Section 710 .4(d) (3) )
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35) Q. I manufacture paints/adhesives/photographic film/
batteries/matches. A chemical reaction takes
place during their end use which produces chemical
substances. Do I have to report these chemical
substances for the Inventory?
A. No. Any chemical substance formed upon end use of
another chemical substance, mixture, or article is
excluded from the Inventory and must not be reported.
However, the product may have to be reported.
(NOTE: This exclusion does not apply to chemical
substances which you manufacture for distribution in
commerce for use as an intermediate.) (TSCA
Reporting Regulations, Section 710.4 (d) (5))
36) Q. I manufacture foam matresses by using curable
plastic compounds. A chemical reaction occurs
during the formation of the foam block. Do I
have to report the chemical substances formed
by these chemical reactions?
A. No. The chemical substances manufactured during
the formation of an article (destined for the
marketplace without further change of these chemical
substances except for certain changes noted in the
Regulation Section noted below) are excluded from
the Inventory and must not be reported. (TSCA
Reporting Regulations, Section 710.4(d)(6))
37) Q. I apply paint to an article I manufacture; a chemical
reaction occurs during curing of the paint. Do I
have to report the chemical substance created by
that chemical reaction?
A. No. The paint becomes part of the article. For
the reasons given in the preceding answer, the
chemical substances formed during the curing of
the paint are excluded from the Inventory and must
not be reported. (TSCA Reporting Regulations,
Section 710.4(d)(6))
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38) Q. I add a chelating agent to a metal solution to keep
the metal dissolved; a chemical reaction occurs
forming a new chemical substance. Do I report this
new chemical substance?
A. No. Any chemical substance which is formed when a
chelating agent functions as intended is specifi-
cally excluded from the Inventory and must not be
reported. Similar exclusions also exist for the
chemical substances which result from chemical re-
actions when: a stabilizer, colorant, odorant,
antioxidant, filler, solvent, carrier, surfactant,
plasticizer, corrosion, inhibitor, antifoamer or
de-foamer, dispersant, precipitation inhibitor,
binder, emulsifier, de-emulsifier , dewatering
agent, agglomerating agent, adhesion promoter, flow
modifier, pH neutralizer, sequesterant, coagulant,
flocculant, fire retardant, lubricant, chelating
agent, or quality control reagent, or a chemical
substance solely intended to impart a specific
physio-chemical characteristic functions as
intended. (TSCA Reporting Regulations, Section
710.4(d) (7))
WHEN TO REPORT
39) Q. When do manufacturers and importers of chemical
substances report for the Inventory?
A. The reporting period for manufacturers and importers
of chemical substances in bulk is from January 1,
1978 to May 1, 1978. The chemical substances
reported during this period will be on the Initial
Inventory published in late 1978. Importers of
chemical substances as part of mixtures and articles
may also report during this period, but will also
be able to report later during the reporting period
for processors a.nd users.
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40) Q. When should processors and users of chemical substances
report for the Inventory?
A. Processors and users may report for the Inventory during a
210-day reporting period which begins upon publication of the
Initial Inventory. Before reporting, these persons should
check to see if the chemical substances they use are
on the Initial Inventory, to avoid reporting duplication.
After this special reporting period ends, EPA will publish
a Revised Inventory. (TSCA Reporting Regulations, Section
710.3(3)(b))
41) Q. When should manufacturers of mixtures report for the
Inventory?
A. Manufacturers of mixtures are processors of chemical substances,
They may report the chemical substances of which the mixtures
are comprised during the 210-day reporting period which
begins upon publication of the Initial Inventory. Before
reporting, mixture manufacturers should check to see if the
chemical substances of which the mixtures are comprised
are on the Initial Inventory. This will avoid unnecessary
reporting. (TSCA Reporting Regulations, Section 710.3(3) (b))
HOW TO REPORT
42) Q. Are there instructions available to help me complete the
Inventory reporting forms?
A. Yes. Prior to reporting, all persons should read and
follow carefully the instruction manual entitled, "Reporting
for the Chemical Substance Inventory." The manual, published
by EPA, is available from: Office of Industry Assistance
(TS-788), U.S. Environmental Protection Agency, 401 M Street,
S.W., Washington, D. C. 20460. By calling this toll free
number, (800) 424-9065, you may also request an instruction
manual. (TSCA Reporting Regulations, Section 710.5(b)(l))
43) Q. Should I look at the Candidate List before I begin to
complete the reporting forms?
A. Yes. By being able to find chemical substances on the
Candidate List, or on any amendment to the List, your
inventory reporting will be simplified and expedited. (See
Questions 51 to 56 dealing with the "Candidate List" for
further explanation.)
(TSCA Reporting Regulations, Section 710.5 (b)(2))
44) Q. When can importers of mixtures and/or articles report their
component chemical substances for the Inventory?
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A. Importers of mixtures and/or articles may report for the
Inventory during either the initial reporting period or the
second reporting period.
Premanufacture notification requirements for the chemical
substances in imported mixtures do not begin until after
publication of the Revised Inventory in Fall 1979. Also,
no actions under section 15(2) of TSCA will take effect
with respect to importers of articles until after publication
of the Revised Inventory. EPA recommends importers of
mixtures and articles to report during the second reporting
period.
45) Q. I am a manufacturer required to report by plant site the
chemical substances I manufacture. Do I use separate forms
(i.e., A, Br or C) to report the chemicals at each separate
plant site?
A. Yes. (TSCA Reporting Regulations, Section 710.5 (b) (3))
46) Q. I am a "small manufacturer" permitted to report by company
the chemical substances I produce. Can I report these
chemical substances manufactured at different sites on
one form (i.e., A, B, C)?
A. Yes. (TSCA Reporting Regulations, Section 710.5 (b) (3))
47) Q. Can I report chemical substances to EPA in a letter rather
than on an official form? Can I xerox copies of the official
forms and submit them to EPA?
A. No. Only official EPA Chemical Substances Inventory reporting
forms are to be used and submitted. Chemical substances
reported in letter form or on duplicates of the official
report forms will not be accepted by EPA. The contractors,
compiling the information submitted for the Inventory will
not be able to process any letter or other type of document
besides the official reporting forms. Also, EPA will not
accept xeroxed copies of the official reporting forms,
because each form has a unique identifying number. If
copies of a form are made, the uniqueness of that form is
lost. EPA will provide additional copies of Forms A, B,
C, or D upon request. (See Question 2.) (TSCA Reporting
Regulations, Section 710.5(b)(4))
48) Q. How do I determine which reporting form (A, B, or C) I
should use?
A. Use Form A to report: a chemical substance found in the
Candidate List or in any amendment to the List. All
these chemicals have Chemical1 Abstracts Service (CAS)
Registry Numbers and EPA Code Designations. You
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will complete the form by using these numbers rather than
the name of the chemical substance.
Use Form B to report: a chemical substance not found in the
Candidate List, or in an amendment to the List, but for
which you know the CAS Registry Number.
Use Form C to report: (1) a chemical substance which has
no CAS Registry Number; (2) a chemical substance whose
identity as a commercial chemical substance is claimed
confidential; or (3) an imported chemical substance reported
jointly by the importer and a foreign supplier.
(TSCA Reporting Regulations, Section 710.5 (b) (5) (6) (7))
49) Q. What is Form D?
A. Form D is a voluntary form on which manufacturers of products
may list the trademarks, whether registered or not, of their
products. However, they must certify that all reportable
chemical substances in these products have been reported
to EPA.
The published trademark list will not be a part of the
Inventory, but a separate document. Use Form D, if you
are a manufacturer who wishes to report trademarked pro-
ducts, in order to assure your customers—who may only know
your product by the trademark name—that all the chemical
substances in your products have been reported for the
Inventory. Processors and users should check Trademark
List before reporting during the 210-day period for the
Revised Inventory. (TSCA Reporting Regulations, Section
710.5(7) "Note"))
50) Q. If I report the trademark name of my product on Form D, do
I still have to fill out Form A, B, or C?
A. Yes. The actual reportable chemical substances contained
in your product must be reported separately on either Form
A, B, or C, if you are either the manufacturer or importer
of these chemical substances and are required to report.
(TSCA Reporting Regulations, Section 710.5(7) "Note"))
CANDIDATE LIST
51) Q. What is the Candidate List? What is its purpose?
A. The Candidate List, compiled by the Chemical Abstract
Service (CAS), is an alphabetical listing with approximately
30,000 entries, including chemical substances, mixtures,
and trademark names. The only purpose of the Candidate
List is to serve as a reporting "tool" for chemical substance
manufacturers. Opposite each substance listed, two identifying
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numbers appear: (1) the first, in brackets, is the "CAS
Registry Number"; (2) the second is the "EPA Code Designation."
A reportable chemical substance found on the Candidate
List may be reported by using "Form A"; the identification
numbers are to be listed instead of the chemical name.
(See Q- # 48 concerning the use of Reporting Form "A".)
(Note: A chemical substance may appear more than once on the
Candidate List (i.e., under synonyms). The "CAS Registry
Number" in brackets will always be the same; the "EPA Code
Designation Number" will be different with each listing.
A reporter when completing "Form A" is to use the constant
"CAS Registry Number" and any one of the listed "EPA Code
Designations Numbers.")
52) Q. If a reportable chemical substance appears on the Candidate
List, will it automatically be included on the TSCA
Inventory List?
A. No. The Candidate List is a completely separate and
independent publication from the TSCA Inventory List to be
published in late 1978. The purpose of the Candidate List
is merely to aid persons in reporting for the Inventory.
53) Q. Can I report using the "CAS Registry Number" of a reportable
chemical substance even if it does not appear on the
Candidate List?
A. Yes. If you know the "CAS Registry Number" of a chemical
substance, but it does not appear on the Candidate List,
you should use Reporting Form "B ".
54) Q. Should all the substances on the Candidate List be reported
for the Inventory?
A. No. Not all the substances on the Candidate List are
"reportable chemical substances" and, therefore, should
not be reported. For example, the Candidate List contains
mixtures such as hydrates, and substances used solely in
drugs and pesticides; these are not to be reported.
55) Q. Will EPA publish a supplement to the Candidate List?
A. Supplements to the Candidate List with additional substances
may be available during the initial reporting period. EPA
will send any supplement to persons who have requested
the Candidate List and will publish a notice of availability
in the Federal Register to enable others to request copies.
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56) Q. Haw can I get a copy of the Candidate List?
A. Each company is entitled to one free copy of the Candidate
List, which is available in either hard back or microfiche
form. To obtain a copy, check the appropriate box on the
form order blank, indicating that you have not and want
to receive a copy of the Candidate List.
You may also obtain a copy of the Candidate List by calling
the toll free number, 800-424-9065, or by calling any of
the EPA Regional Offices.
TRADEMARK REPORTING
57) Q. Will a list of product trademarks be included on the
Inventory List published by EPA?
A. No. Reported product trademarks will not be included on
the Inventory. However, EPA will publish a separate docu-
ment, along with the Initial Inventory, which will alphabeti-
cally list those product trademarks reported on Form D.
58) Q, How do I determine whether I can report a product trademark
to EPA on Form D?
A. In order to report a product trademark on Form D, you must
certify, to the best of your knowledge and belief,
that all the reportable chemical substances of which the trade-
marked product is comprised have been reported for the
Inventory by you or someone else.
59) Q. My supplier sells me trademarked products and I have no
idea what chemical substances make up these products.
How can I be sure that my raw materials are listed on
the inventory?
A. You have two options. First, you may request that your
supplier certify directly to you that the reportable
chemical substances in his product have been properly reported
for the Inventory. Alternatively, if your supplier has
reported on Form D, you may consult the compiled Trademark
List published with the Initial Inventory. If the product
trademark is on the Trademark List you can assume that the
manufacturer has certified that the constituent substances have
been reported for the Inventory as required.
60) Q. I manufacture chemical substances but sell them only in
products identified by trademark. How should I report
these products?
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A. The Inventory is a list of chemical substances. You must
report the reportable chemical substances you manufacture
if required to do so by the Inventory reporting regulations.
However, you are not required to link the chemical
substances you report to the trademarks of the products
which you actually sell.
You may voluntarily report your trademark products on
Form D. EPA will publish the list of trademarks which will
help processors and users determine whether the chemical
substances they buy have been reported.
CONFIDENTIALITY
61) Q. Some of the information which EPA requires me to report for
the Inventory, I hold as confidential (i.e., trade
secrets). What should I do?
A. With respect to confidentiality, any or all of the infor-
mation submitted to EPA may be claimed as confidential, if
it relates to trade secrets or commercial or financial
matters that a company considers to be confidential.
Persons must make and substantiate the confidential claims
before submitting the completed reporting forms to EPA.
If a person fails to do so, EPA may disclose the information
without further notice to him. (See the instruction manual,
"Reporting for the Chemical Substance Inventory," for specific
information on confidentiality claims.)
INITIAL INVENTORY/REVISED INVENTORY PUBLICATION
62) Q. Why are there two inventory reporting periods under these
regulations? When are these two periods?
A. To ensure that the Inventory includes all reportable
chemical substances now being manufactured for commercial
purposes in the United States and, at the same time, to
minimize duplicative reporting, the regulations provide
for two distinct reporting periods.
Chemical substances will be reported by manufacturers and
importers during the first reporting period (January 1-May 1,
1978). The Initial Inventory will be published in late
1978, based on these reports.
If a chemical substance processed or used by a person is
not on the Initial Inventory, it may be reported to EPA
during a second reporting period of 210 days. EPA will
then publish a Revised Inventory.
This two-phase reporting procedure will result in an
Inventory of chemical substances now manufactured or processed
for commercial purposes in the United States.
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63) Q. What information will be included in the Initial Inventory?
When will it be published?
A. The Initial Inventory will be published as soon as possible
after compilation of the reported information. The published
Inventory will be a list of chemical substance identities
and CAS Registry Numbers. It will not include manufacturers' names,
plant sites, or any other information submitted on Forms
A, B, or C.
64) Q. What information will be included in the Revised Inventory?
When will it be published?
A. The Revised Inventory will update the Initial Inventory.
65) Q. Will chemical substance manufacturers be in violation of the
law if they produce a substance which does not appear on the
Initial Inventory?
A. Starting thirty days after publication of the Initial
Inventory, manufacturers may not produce any chemical
substance which does not appear on the Initial Inventory,
unless they comply with premanufacture notification requirements.
66) Q. Will processors or users be in violation of the law after the
Initial Inventory is published, if they continue to use or
sell articles containing chemical substances that do not
appear on the Initial Inventory?
A. No. Processors and users may continue to use or sell
chemical substances not on the Initial Inventory and will
not be subject to premanufacturing notification requirements
until 30 days after publication of the Revised Inventory.
MISCELLANEOUS
67) 0' To the best of my knowledge, none of the chemical substances
I manufacture are toxic; therefore, why do I have to report
for the Inventory?
A. Many people are under the misconception that the Inventory,
being conducted by EPA pursuant under section 8(b) of TSCA,
will list only toxic substances. Instead, this inventory will
include all chemical substances reported to be manufactured,
imported, or processed for commercial purposes since
January 1, 1975.
68) Q. Will there be penalties for inaccurate reporting?
A. Yes. However, EPA recognizes that there may be technical
or clerical errors in reporting. Therefore, the Agency will
focus its regulation enforcement on persons who falsify
reports or who fail to report.
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69) Q. I only use chemical substances; I do not manufacture or
import them. What are my responsibilities under the
Inventory reporting regulations? How can I certify that
the chemicals I use are on the Inventory?
A. You are not required to report for the inventory. You should
however ensure that any chemical substances you use are on
the Inventory. There are two ways by which a chemical sub-
stance can be put on the Inventory: (1) the chemical sub-
stance manufacturer or importer can report it to be included
on the Initial Inventory; or (2) after publication of the
Initial Inventory, there will be a 210-day reporting period
for you, the user, to report any chemical substances you
use which the manufacturer or importer failed to report.
A Revised Inventory will be published after this period.
EPA will not consider users to be in violation of TSCA
until after publication of the Revised Inventory. Accordingly,
if the chemical substances you use are on the Initial Inventory,
you are in compliance. If the chemical substances you use are
not on the Initial Inventory, you can report them for inclusion
on the Revised Inventory.
70) Q, How do I report a chemical substance I manufacture for a
commercial purpose for the first time, after the close of the
reporting period (May 1, 1978), and prior to the Initial
Inventory's publication (late 1978)?
A. If you have not previously manufactured the chemical substances
for a commercial purpose, you may report that substance at any
time prior to the effective date of premanufacture notification
requirements. EPA will add the substance to the Initial
Inventory, or a supplement to it. Thus, you may report a
chemical substance introduced into commerce for the first
time on Inventory reporting Form C until thirty days after
publication of the Initial Inventory. After this time, you
must submit premanufacture notification as required under
Section 5 of TSCA for any "new" substance not included on
the Initial Inventory.
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TIMETABLE:
IMPORTANT DATES FOR INVENTORY REPORTING & PUBLICATION
December 1977 Final reporting regulations published in
Federal Register.
January 1- Reporting period for manufacturers and
May 1, 1978 importers of chemical substances.
November 1978 Publication of Initial Inventory.
December 1978 Premanufacture notification requirements
begin for manufacturers and importers
of chemical substances not on the Initial
Inventory.
November 1978- 210-day reporting period, during which
June 1979 processors, users, and importers of
mixtures and articles may report chemical
substances not on the Initial Inventory.
November 1979 Publication of Revised Inventory.
December 1979 Premanufacture notification requirements
begin for component chemical substances in
imported mixtures not on the Revised
Inventory. (Note: U.S. processors and
users, and importers of articles will be
subject to section 15(2) of TSCA.)
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