[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Rules and Regulations]
[Pages 48045-48047]
[FR Doc No: 2019-19771]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0023; Product Identifier 2018-NM-145-AD; Amendment
39-19700; AD 2019-15-07]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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SUMMARY: The FAA is correcting an airworthiness directive (AD) that
published in the Federal Register. That AD applies to certain The
Boeing Company Model 737-100, 737-200, 737-200C, 737-300, 737-400, and
737-500 series airplanes. As published, a paragraph reference specified
in the regulatory text is incorrect. This document corrects that error.
In all other respects, the original document remains the same.

DATES: This correction is effective September 19, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
19, 2019 (84 FR 41614, August 15, 2019).

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Standards Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0023.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0023; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: George Garrido, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: AD 2019-15-07, Amendment 39-19700 (84 FR
41614, August 15, 2019) (``AD 2019-15-07''), requires repetitive
inspections for cracking of the fuselage lower lobe frames, and
applicable on-condition actions. That AD also provides an optional
terminating action for certain repetitive inspections. That AD applies
to certain The Boeing Company Model 737-100, 737-200, 737-200C, 737-
300, 737-400, and 737-500 series airplanes.

Need for the Correction

    As published, paragraph (h) of the regulatory text of AD 2019-15-07
contains an error. Paragraph (h) of the AD incorrectly refers to
paragraph (i) as the Exceptions to Service Information Specifications
paragraph, and it should have referred to paragraph (j) of the AD.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Service Bulletin 737-53A1362, dated
September 20, 2018. The service information describes procedures for
repetitive inspections for cracking of the fuselage lower lobe frames,
applicable on-condition actions, and an optional modification of the
tooling holes and

insulation attachment holes. On-condition actions include repetitive
inspections for cracking of the lower lobe frames, repair, and
repetitive post-repair inspections for cracking.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Correction of Publication

    This document corrects an error and correctly adds the AD as an
amendment to 14 CFR 39.13. Although no other part of the preamble or
regulatory information has been corrected, the FAA is publishing the
entire rule in the Federal Register.
    The effective date of this AD remains September 19, 2019.
    Since this action only corrects paragraph references, it has no
adverse economic impact and imposes no additional burden on any person.
Therefore, the FAA has determined that notice and public comment
procedures are unnecessary.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Correction

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Corrected]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2019-15-07 The Boeing Company: Amendment 39-19700; Docket No. FAA-
2019-0023; Product Identifier 2018-NM-145-AD.

(a) Effective Date

    This AD is effective September 19, 2019.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-100, 737-
200, 737-200C, 737-300, 737-400, and 737-500 series airplanes,
certificated in any category, as identified in Boeing Alert Service
Bulletin 737-53A1362, dated September 20, 2018 (``BASB 737-
53A1362'').
    (2) Installation of Supplemental Type Certificate (STC)
ST01219SE does not affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes on which STC ST01219SE
is installed, a ``change in product'' alternative method of
compliance (AMOC) approval request is not necessary to comply with
the requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of cracks in the frames below
the passenger floor. The FAA is issuing this AD to address cracks
that could propagate until the frame severs. Continued operation of
the airplane with multiple adjacent severed frames, or the
combination of a severed frame adjacent to fuselage skin chem-mill
cracks, could result in an uncontrolled decompression and loss of
structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions for Group 1 Airplanes

    For airplanes identified as Group 1 in BASB 737-53A1362: Within
120 days after the effective date of this AD, accomplish actions to
correct the unsafe condition (e.g., inspections and on-condition
actions) using a method approved in accordance with the procedures
specified in paragraph (k) of this AD.

(h) Required Actions for Group 2 Through 20 Airplanes

    For airplanes identified as Group 2 through 20 in BASB 737-
53A1362: Except as specified in paragraph (j) of this AD, at the
applicable times specified in paragraph 1.E., ``Compliance,'' of
BASB 737-53A1362, do all applicable actions identified as ``RC''
(required for compliance) in, and in accordance with, the
Accomplishment Instructions of BASB 737-53A1362.

(i) Optional Terminating Action for Certain Repetitive Inspections

    For airplanes identified as Group 2 through 20 in BASB 737-
53A1362, accomplishment of part 13, ``Preventive Modification of the
Frame Web Tooling Hole and Insulation Attachment Hole in the Section
46 Lower Lobe Frame,'' in accordance with the Accomplishment
Instructions of BASB 737-53A1362, terminates the repetitive open
hole high frequency eddy current inspections required by paragraph
(h) of this AD, for the modified tooling hole or insulation
attachment hole location only.

(j) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements
of this AD: Where BASB 737-53A1362 uses the phrase ``the original
issue date of this service bulletin,'' this AD requires using ``the
effective date of this AD,'' except where BASB 737-53A1362 uses the
phrase ``the original issue date of this service bulletin'' in a
note or flag note.
    (2) Where BASB 737-53A1362 specifies contacting Boeing for
repair instructions or alternative inspections: This AD requires
doing the repair, or doing the alternative inspections and
applicable on-condition actions, using a method approved in
accordance with the procedures specified in paragraph (k) of this
AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (l) of this AD. Information may
be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Los
Angeles ACO Branch, FAA, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) Except as required by paragraph (j)(2) of this AD: For
service information that contains steps that are labeled as Required
for Compliance (RC), the provisions of paragraphs (k)(4)(i) and
(k)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(l) Related Information

    For more information about this AD, contact George Garrido,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5232; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
September 19, 2019 (84 FR 41614, August 15, 2019).
    (i) Boeing Alert Service Bulletin 737-53A1362, dated September
20, 2018.
    (ii) [Reserved]
    (4) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (5) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on September 6, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-19771 Filed 9-11-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 4, 2008 (Volume 73, Number 172)]
[Rules and Regulations]
[Page 51599-51601]
[DOCID:fr04se08-6]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-1001; FRL-8709-7]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; NOX and SO2 Emissions Limitations for Fifteen Coal-Fired
Electric Generating Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maryland. This revision pertains to
regulations for emission limitations at 15 Maryland power plants. The
intended effect of this action is to approve, with one exception,
Maryland's regulation which establishes statewide tonnage caps for
emissions of nitrogen oxides (NOX) and sulfur dioxide
(SO2) from 15 coal-fired electric generating units (EGUs).
The exception pertains to a portion of the rule that Maryland requested
EPA take no further action on. The provision, which EPA has determined
has no impact on the rule that is being finalized today, will be
withdrawn in a separate notice. This SIP action is being taken under
the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on October 6, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-1001. All documents in the docket are listed in
the www.regulations.gov Web Site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Maryland Department of the Environment,
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On April 6, 2006, Maryland signed into law the Healthy Air Act (Ch.
23, Acts of 2006). The Healthy Air Act establishes limits on the amount
of NOX and SO2 emissions that affected facilities
can emit, and does not permit the use of allowances to achieve
compliance. To implement the Healthy Air Act, the Maryland Department
of the Environment (MDE) adopted COMAR 26.11.27, Emission Limitations
for Power Plants. These regulations require the installation of on-site
pollution controls at 15 Maryland power plants and will ensure that
appropriate local emission reductions will occur where they are needed
in order to attain the 8-hour ozone and fine particulate matter
National Ambient Air Quality Standards (NAAQS) by 2010.
    A formal SIP revision (07-10) was submitted by MDE on July
12, 2007. On January 10, 2008 (73 FR 1851), EPA published a notice of
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed
approval of emission limitations and related requirements for
NOX and SO2 at 15 coal-fired electric generating
units in Maryland. No public comments were received on the NPR.
    On June 23, 2008, MDE submitted a letter withdrawing a portion of
the July 12, 2007 submittal. The withdrawal is only for COMAR
<IP_ADDRESS>B(7)(a)(iii). This provision requires a unit that exceeds
its ozone season NOX emissions

limit to surrender ozone season NOX allowances equivalent to
the number of tons of NOX emitted in excess of the limit.
The June 23, 2008 letter requested that EPA finalize its rulemaking
with respect to the rest of the SIP Revision that is not withdrawn. EPA
determined that removal of regulation COMAR <IP_ADDRESS>B(7)(a)(iii)
does not impact the rest of the requirements in COMAR 26.11.27, and is
severable. By separate action, EPA will withdraw this provision as
requested by MDE.

II. Summary of SIP Revision

    The MDE is requesting that regulation COMAR 26.11.27, establishing
tonnage caps for emissions of NOX and SO2 from 15
coal-fired EGUs in Maryland, be approved. The purpose of these
regulations is to help bring Maryland into attainment with the NAAQS
for 8 hour ozone and fine particulate matter by the 2010 attainment
deadline. The 15 affected units are as follows:

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        Electric generating unit                   Jurisdiction
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                    Constellation Energy Group System
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Brandon Shores 1 & 2...................  Anne Arundel County.
H. A. Wagner 2 & 3.....................  Anne Arundel County.
C. P. Crane 1 & 2......................  Baltimore County.
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                              Mirant System
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Chalk Point 1 & 2......................  Prince George's County.
Dickerson 1, 2, & 3....................  Montgomery County.
Morgantown 1 & 2.......................  Charles County.
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                            Allegheny Energy
------------------------------------------------------------------------
R. Paul Smith 3 & 4....................  Washington County.
------------------------------------------------------------------------

    These regulations also establish monitoring and reporting
requirements, and authorize the MDE to reduce or waive penalties for
non-compliance under certain conditions and provide for judicial review
of decisions by the MDE to grant a reduction or waiver of penalties.

III. Final Action

    Maryland has met the requirements for submitting a SIP revision to
limit NOX and SO2 emissions from 15 coal-fired
EGUs. With the exception of COMAR <IP_ADDRESS>B(7)(a)(iii), which will
be withdrawn by separate action, EPA is approving the SIP revision.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 3, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition

for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action.
    This action approving Maryland's SIP revision concerning emission
limitations for NOX and SO2 at 15 coal-fired EGUs
may not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Reporting and recordkeeping requirements,
Sulfur oxides.

    Dated: August 20, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.

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40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by adding an
entry for COMAR 26.11.27 after the existing entry for COMAR 26.11.26 to
read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                                                      EPA-Approved Regulations In the Maryland SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
  Code of Maryland administrative                               State                                              Additional explanation/citation at 40
   regulations (COMAR) citation         Title/subject      effective date             EPA approval date                         CFR 52.1100
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     26.11.27 Emission Limitations for Power Plants
--------------------------------------------------------------------------------------------------------------------------------------------------------
<IP_ADDRESS>.......................  Definitions..........         7/16/07  9/4/08 [Insert page number where the
                                                                            document begins].
<IP_ADDRESS>.......................  Applicability and             7/16/07  9/4/08 [Insert page number where the
                                     Exceptions.                            document begins].
<IP_ADDRESS>.......................  General Requirements.         7/16/07  9/4/08 [Insert page number where the    Exceptions: Paragraphs
                                                                            document begins].                       .03B(7)(a)(iii) and .03D; the word
                                                                                ``and'' at the end of paragraph
                                                                                .03B(7)(a)(ii).
<IP_ADDRESS>.......................  Monitoring and                7/16/07  9/4/08 [Insert page number where the
                                     Reporting                              document begins].
                                     Requirements.
<IP_ADDRESS>.......................  Judicial Review of            7/16/07  9/4/08 [Insert page number where the
                                     Penalty Waivers.                       document begins].

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
 [FR Doc. E8-20000 Filed 9-3-08; 8:45 am]

BILLING CODE 6560-50-P


1 Completing IUR Form U for the 2006 Reporting Cycle Susan Sharkey Franklyn Hall Fred Arnold Economics, Exposure and Technology Division Office of Pollution Prevention and Toxics 2004 Global Chemical Regulation Conference March 10, 2004 2 Agenda

Introduction ° What is IUR?

° Who needs to report?

° Full exemptions to reporting ° Partial exemptions to reporting

Completing Form U ° Part I   Site Identification Information ° Part II   Manufacturing Information ° Part III   Processing and Use Information

Questions and Examples on Mixtures and Importers

Case Study I   IPA

Case Study II   Xylene 3 What is the IUR?

The TSCA Inventory, initiated in 1977, lists over 80,000 chemicals in commerce in the U. S.

The Inventory Update Rule ( IUR) updates production and exposure related information for a subset of chemicals on the TSCA Inventory.

The next reporting occurs in 2006 and will include TSCA chemicals manufactured in 2005. 4 Who needs to report under the IUR in 2006?

Manufacturers and importers of chemicals listed on the TSCA Inventory:

° If your production volume is 25,000 lbs or greater ( annual,

per site), then report site identification and manufacturing information ° If your production volume is 300,000 lbs or greater ( annual,

per site), also report downstream processing and use information Note: The applicability of IUR is covered in detail in Chapter 2 of the Instructions for Reporting 5 Full Exemptions to Reporting

No reporting unless otherwise specified ° Small businesses ( as defined by TSCA at 40 CFR 704.3)

  Total annual sales, including parent company, less than $ 40 million and annual site production volume 100,000 lbs or lower OR   Total annual sales, including parent company, less than $ 4 million.

° Polymers ( 40 CFR 710.46( a))

° Naturally occurring substances ( 40 CFR 710.46( a))

° Natural gas streams ( specifically identified at 40 CFR 710.46( a))

Exception: Chemicals subject to rules issued under section 4, 5( a)( 2), 5( b)( 4) or 6 of TSCA or subject to an order issued under Section 5( e) or 5( f) of TSCA lose their exemptions from reporting. 6 What changes have been made since the last reporting cycle?

Reporting thresholds increased ° Raised from 10,000 lbs to 25,000 lbs per site per year ° Added a second threshold of 300,000 lbs for processing and use information

Manufacturing exposure related information required

Industrial, consumer, and commercial exposure related information maybe required

Reporting of inorganic chemical substances required

Records retention period extended from 4 to 5 years

Reporting period basis changed from fiscal to calendar year

Up front substantiation for plant site CBI claims required 7 What manufacturing data is reported?

Current IUR information still reported:

° Chemical name ° Numerical identification ° Production volume ° Site limited status ° Manufacturing or import activity

Exposure related information added:

° Number of potentially exposed workers ( range)

° Physical form and associated percent production volume ° Maximum concentration ( range)

Reporting standard: Information known to or reasonably ascertainable by the submitter. 8 What industrial processing and use data is reported?

Up to 10 unique combinations of ° Type of process or use ° NAICS code ° Industrial function category ( bleaching agent, filler, lubricant, etc.)

For each unique combination, report ° Percent production volume ( range)

° Number of sites ( range)

° Number of potentially exposed workers ( range)

Reporting standard: Information readily obtainable by the submitter. 9 What consumer and commercial use data is reported?

Use category ( automotive care product, lawn & garden product, soaps & detergents, etc.)

For each use category, report:

° Indication of intention of use by children ° Maximum chemical concentration ° Percent of production volume

Reporting standard: Information readily obtainable by the submitter. 10 Partial Exemptions to Reporting

Report site identification and manufacturing data

Do not report industrial processing and use, and consumer and commercial use data ° Inorganic chemicals ( for 2006 reporting cycle only)

° Certain petroleum streams ( specifically identified)

° Specifically listed chemical substances for which there is a low current need for processing and use information 11 Agenda  Introduction  What is IUR?

 Who needs to report?

 Full exemptions to reporting  Partial exemptions to reporting

Completing Form U ° Part I   Site Identification Information ° Part II   Manufacturing Information ° Part III   Processing and Use Information

Questions and Examples on Mixtures and Importers

Case Study I   IPA

Case Study II   Xylene 12 SECTION A. CERTIFICATION Certification Statement:

1. A. 1 Signature 1. A. 2 Date signed 1. A. 3 Name 1. A. 4 Official Title Part I, Section A: Certification Must be signed by an authorized official of your company.

Requirements for signing the certification statement are found at 40 CFR 710.52 13 SECTION B. PARENT COMPANY AND TECHNICAL CONTACT INFORMATION 1. B. 1 Parent Company Name 1. B. 2 Parent Company Dun &

Bradstreet Number 1. B. 3 Technical Contact Name 1. B. 4 Technical Contact Telephone ( w/ Area Code) 1. B. 5 Technical Contact Email Address Technical Contact Mailing Address 1. B. 6 Technical Contact Address ( Line1)

1. B. 7 Technical Contact Address ( Line 2)

1. B. 8 City 1. B. 9 State 2. B. 10 Zip Code Part I, Section B: Parent Company Information Make sure you enter the parent company Dun & Bradstreet number. 14 Part I, Section C: Plant Site Identification SECTION C. PLANT SITE IDENTIFICATION 1. C. 1 Plant Site Name 1. C. 2 Plant Site Dun &

Bradstreet Number EPA Facility Identification Number ( for Agency Use Only) LEAVE BLANK 1. C. 3 Street Address ( Line 1)

1. C. 4 Street Address Line 2)

1. C. 5 City 1. C. 6 County/

Parish 1. C. 7 State 1. C. 8 Zip Code Make sure you enter the plant site Dun & Bradstreet number.

EPA will assign a facility identification number. 15 Completing Form U: Part II   Manufacturing Information

Section A. Chemical Information ° Chemical Identification Number and Code ° Chemical Name

Section B. Manufacturing Information ° Manufacturing Activities and Production Volume ° Number of Potentially Exposed Workers ° Maximum Concentration ° Physical Form of Substance

Example   Sodium Hydroxide 16 Part II, Section A   Chemical Identification

Enter the CAS Registry number for the substance in Block 2. A. 1.

If the CAS number is not known, then you may use the EPA Accession or PMN number.

Specify the type of identifying number in Block 2. A. 2 by using the codes in Table 4 1 of the Instructions for Reporting.

Enter the Chemical Abstracts Index/ Preferred names if available in Block 2. A. 3. Trade names may not be used except if the supplier will not disclose the specific identity of the trade name reactant.

You may claim the identity of your substance as confidential by checking the CBI box and submitting a separate written substantiation. SECTION A. CHEMICAL IDENTIFICATION CBI*

2. A. 1 Chemical Identifying Number 2. A. 2 ID Code 2. A. 3 Chemical Name 17 Part II, Section B   Manufacturing Information

Check Block 2. B. 1 and 2. B. 2 if you wish to claim the link between the chemical substance and the company and plant site respectively as CBI.

Mark ` Y' in Block 2. B. 3 if the substance is site limited. Mark ` N' if it is not. An imported chemical is never site limited.

In Block 2. B. 4, report if you are manufacturing and/ or importing the chemical substance by checking the appropriate box or boxes.

SECTION B. MANUFACTURING INFORMATION CBI CBI a. Physical Form b. Percent of Production Volume in Each Physical Form 2. B. 1 Company Information 2. B. 2 Plant Site Identity* Check All That Apply CBI Percent CBI CBI 2. B. 3 Site Limited ( Y/ N) 2. B. 9 Dry Powder CBI 2. B. 4 Activity ( Check all that apply) G Manufacture G Import 2. B. 10 Pellets or Large Crystals CBI 2. B. 5 Production Volume ( LB) 2. B. 11 Water or Solvent Wet Solid CBI 2. B. 6 Production Volume Range LEAVE BLANK 2. B. 12 Other Solid CBI 2. B. 7 Number of Workers ( code) 2. B. 13 Gas or Vapor CBI 2. B. 8 Maximum Concentration ( code) 2. B. 14 Liquid 18 Part II, Section B   Manufacturing Information

Add the manufacture and import volumes together and report the total volume in Block 2. B. 5.

EPA will assign a production volume range for Block 2. B. 6.

Report your estimate of the total number of workers reasonably likely to be exposed in Block 2. B. 7. This includes workers wearing personal protective equipment,

because they may be exposed if the equipment is not worn or is ineffective.

SECTION B. MANUFACTURING INFORMATION CBI CBI a. Physical Form b. Percent of Production Volume in Each Physical Form 2. B. 1 Company Information 2. B. 2 Plant Site Identity* Check All That Apply CBI Percent CBI CBI 2. B. 3 Site Limited ( Y/ N) 2. B. 9 Dry Powder CBI 2. B. 4 Activity ( Check all that apply) G Manufacture G Import 2. B. 10 Pellets or Large Crystals CBI 2. B. 5 Production Volume ( LB) 2. B. 11 Water or Solvent Wet Solid CBI 2. B. 6 Production Volume Range LEAVE BLANK 2. B. 12 Other Solid CBI 2. B. 7 Number of Workers ( code) 2. B. 13 Gas or Vapor CBI 2. B. 8 Maximum Concentration ( code) 2. B. 14 Liquid 19 Part II, Section B   Manufacturing Information

In Block 2. B. 8, report the maximum concentration, measured by weight, at the time the chemical is reacted on site or as it leaves the plant site.

Report all physical forms of the chemical at the time it is reacted or as it leaves your site and the percentage of production volume for each physical form.

SECTION B. MANUFACTURING INFORMATION CBI CBI a. Physical Form b. Percent of Production Volume in Each Physical Form 2. B. 1 Company Information 2. B. 2 Plant Site Identity* Check All That Apply CBI Percent CBI CBI 2. B. 3 Site Limited ( Y/ N) 2. B. 9 Dry Powder CBI 2. B. 4 Activity ( Check all that apply) G Manufacture G Import 2. B. 10 Pellets or Large Crystals CBI 2. B. 5 Production Volume ( LB) 2. B. 11 Water or Solvent Wet Solid CBI 2. B. 6 Production Volume Range LEAVE BLANK 2. B. 12 Other Solid CBI 2. B. 7 Number of Workers ( code) 2. B. 13 Gas or Vapor CBI 2. B. 8 Maximum Concentration ( code) 2. B. 14 Liquid 20 Completing Part II Example:

Sodium Hydroxide ( NaOH)

Company A, Delaware Site Company A manufactures 8,000,000 lbs 48% wt NaOH Company A imports 2,000,000 lbs 48% wt NaOH 10,000,000 lbs 48% wt NaOH Company A purifies 4,000,000 lbs to a 72% wt solution Company A crystallizes 600,000 lbs to a solid at > 98% concentration.

5,400,000 lbs 48% wt solution Sold for laboratory and industrial uses. 21 Completing Part II Example:

Sodium Hydroxide ( NaOH)

The CAS number for NaOH is 1310 73 2.

Since a CAS number is entered in Block 2. A. 1,

enter ` C' in Block 2. A. 2.

The Chemical Abstracts Index/ Preferred name is Sodium Hydroxide.

Since NaOH is on the nonconfidential Public Inventory, the CBI box may not be checked for chemical identity SECTION A. CHEMICAL IDENTIFICATION CBI*

2. A. 1 Chemical Identifying Number 2. A. 2 ID Code 2. A. 3 Chemical Name 1310 73 2 Sodium Hydroxide C 22 SECTION B. MANUFACTURING INFORMATION CBI CBI a. Physical Form b. Percent of Production Volume in Each Physical Form 2. B. 1 Company Information 2. B. 2 Plant Site Identity* Check All That Apply CBI Percent CBI CBI 2. B. 3 Site Limited ( Y/ N) 2. B. 9 Dry Powder CBI 2. B. 4 Activity ( Check all that apply) G Manufacture G Import 2. B. 10 Pellets or Large Crystals CBI 2. B. 5 Production Volume ( LB) 2. B. 11 Water or Solvent Wet Solid CBI 2. B. 6 Production Volume Range LEAVE BLANK 2. B. 12 Other Solid CBI 2. B. 7 Number of Workers ( code) 2. B. 13 Gas or Vapor CBI 2. B. 8 Maximum Concentration ( code) 2. B. 14 Liquid Completing Part II Example:

Sodium Hydroxide ( NaOH)

No, NaOH is not site limited. It is both imported and sold to customers. Enter ` N'.

N x x Both. Company A manufactures and imports NaOH.

Check both boxes.

Is NaOH Site Limited?

Does Company A manufacture or import? 23 Completing Part II Example:

Sodium Hydroxide ( NaOH)

SECTION B. MANUFACTURING INFORMATION CBI CBI a. Physical Form b. Percent of Production Volume in Each Physical Form 2. B. 1 Company Information 2. B. 2 Plant Site Identity* Check All That Apply CBI Percent CBI CBI 2. B. 3 Site Limited ( Y/ N) 2. B. 9 Dry Powder CBI 2. B. 4 Activity ( Check all that apply) G Manufacture G Import 2. B. 10 Pellets or Large Crystals CBI 2. B. 5 Production Volume ( LB) 2. B. 11 Water or Solvent Wet Solid CBI 2. B. 6 Production Volume Range LEAVE BLANK 2. B. 12 Other Solid CBI 2. B. 7 Number of Workers ( code) 2. B. 13 Gas or Vapor CBI 2. B. 8 Maximum Concentration ( code) 2. B. 14 Liquid x x N What is the production volume?

Company A manufactures 8,000,000 lbs and imports 2,000,000 lbs. 8,000,000 + 2,000,000 = 10,000,000 lbs.

Do not use scientific notation or abbreviations.

( i. e. 1.0E7, 10M, or 10,000K.) 10,000,000 lbs.

10,000,000 24 Completing Part II Example:

Sodium Hydroxide ( NaOH)

Company A employs four shifts of workers to support 24 hour operations.

Assuming the workers do not perform multiple activities, how many workers should be reported in Block 2. B. 7? 3 1 3 Process engineers 59 Total 0 4 0 Load drums onto truck trailers 0 1 0 Administrative personnel 8 4 2 Maintenance staff 0 4 0 Support other manufacturing operations 12 4 3 Package the NaOH for shipment 8 4 2 Sample the NaOH 16 4 4 Transfer NaOH to other processes 12 4 3 Operate and monitor NaOH process 0 4 0 Load raw materials into storage tanks Total Exposed Workers Number of Shifts Exposed Workers per Shift Activity 25 Completing Part II Example:

Sodium Hydroxide ( NaOH)

SECTION B. MANUFACTURING INFORMATION CBI CBI a. Physical Form b. Percent of Production Volume in Each Physical Form 2. B. 1 Company Information 2. B. 2 Plant Site Identity* Check All That Apply CBI Percent CBI CBI 2. B. 3 Site Limited ( Y/ N) 2. B. 9 Dry Powder CBI 2. B. 4 Activity ( Check all that apply) G Manufacture G Import 2. B. 10 Pellets or Large Crystals CBI 2. B. 5 Production Volume ( LB) 2. B. 11 Water or Solvent Wet Solid CBI 2. B. 6 Production Volume Range LEAVE BLANK 2. B. 12 Other Solid CBI 2. B. 7 Number of Workers ( code) 2. B. 13 Gas or Vapor CBI 2. B. 8 Maximum Concentration ( code) 2. B. 14 Liquid N xx 10,000,000 W4 M5. Greater than 90% by weight. Since Company A manufactured solid NaOH at greater than 90%

concentration, you should enter code M5, even though this only accounts for 6% of the production volume.

M5 What code should be entered for the maximum concentration? 26 Completing Part II Example:

Sodium Hydroxide ( NaOH)

SECTION B. MANUFACTURING INFORMATION CBI CBI a. Physical Form b. Percent of Production Volume in Each Physical Form 2. B. 1 Company Information 2. B. 2 Plant Site Identity* Check All That Apply CBI Percent CBI CBI 2. B. 3 Site Limited ( Y/ N) 2. B. 9 Dry Powder CBI 2. B. 4 Activity ( Check all that apply) G Manufacture G Import 2. B. 10 Pellets or Large Crystals CBI 2. B. 5 Production Volume ( LB) 2. B. 11 Water or Solvent Wet Solid CBI 2. B. 6 Production Volume Range LEAVE BLANK 2. B. 12 Other Solid CBI 2. B. 7 Number of Workers ( code) 2. B. 13 Gas or Vapor CBI 2. B. 8 Maximum Concentration ( code) 2. B. 14 Liquid What physical forms and percent of production volume associated with each form should be reported?

N x 10,000,000 W4 M5 x 10% Pellets or Large Crystals and 90% Liquid. 600,000 lbs ( or 6%) of NaOH leave the site as crystals, and 9,400,000 lbs ( or 94%) leave as a liquid solution. Round estimates to the nearest 10%. The sum of the percentage must not add up to more than 100% X X 10 90 27 Completing Part II Example:

Key Points

Manufacture and import volumes should be added together

All potentially exposed workers should be reported

Report the maximum concentration, regardless of the percent of the production volume at the concentration.

Inorganic chemicals are exempt from Part III reporting for the 2006 reporting cycle 28 Agenda  Introduction  What is IUR?

 Who needs to report?

 Full exemptions to reporting  Partial exemptions to reporting

Completing Form U  Part I   Site Identification Information  Part II   Manufacturing Information ° Part III   Processing and Use Information

Questions and Examples on Mixtures and Importers

Case Study I   IPA

Case Study II   Xylene 29 Completing Form U: Part III   Processing and Use Information

Readily Obtainable Standard

Section A. Industrial Processing and Use Data ° Process or Use, NAICS, and Industrial Function Category ( IFC) Codes ° Percent Production Volume ° Number of Sites ° Number of Potentially Exposed Workers

Section B. Commercial and Consumer End Use Exposure Related Data ° Consumer and Commercial Product Use Category ° Use in Children's Products ° Percent Production Volume ° Maximum Concentration 30 Readily Obtainable Standard

Standard applies to Part III reporting

Readily obtainable information   " Information which is known by management and supervisory employees of the submitter company who are responsible for manufacturing, processing,

distributing, technical services, and marketing of the reportable chemical substance. Extensive file searches are not required." ( 40 CFR 710.43)

Readily obtainable information may include estimates that use your best professional judgment 31 Part III, Section A   Industrial Processing and Use Data

Report up to 10 unique combinations of the following codes: Process or Use; NAICS; and IFC SECTION A. INDUSTRIAL PROCESSING AND USE DATA N/ A a. Type of Process or Use b. ( 5 digit) NAICS c. Industrial Function Category d. % Production Volume e. Number of Sites f. Number of Workers Code CBI Code CBI Code CBI Code CBI Code CBI Code CBI 3. A. 1 3. A. 2 3. A. 3 3. A. 4 3. A. 5 3. A. 6 3. A. 7 3. A. 8 3. A. 9 3. A. 10 32 Part III, Section A   Industrial Processing and Use Data

For each unique combination of Process or Use,

NAICS, and IFC codes, report the following:

° Percent of production volume associated with the use ° Number of sites ° Number of workers reasonably likely to be exposed SECTION A. INDUSTRIAL PROCESSING AND USE DATA N/ A a. Type of Process or Use b. ( 5 digit) NAICS c. Industrial Function Category d. % Production Volume e. Number of Sites f. Number of Workers Code CBI Code CBI Code CBI Code CBI Code CBI Code CBI 3. A. 1 3. A. 2 3. A. 3 3. A. 4 3. A. 5 3. A. 6 3. A. 7 3. A. 8 3. A. 9 3. A. 10 33 Part III, Section A   Industrial Processing and Use Data Company B manufactures 10,000,000 lbs of formaldehyde 400,000 lbs sold to formulators for incorporation into household cleaning products 9,600,000 lbs sold to organic chemical manufacturers as a chemical intermediate What unique combinations of Process or Use, NAICS, and IFC codes should Company B report for formaldehyde?

PC: Processing as a reactant 32519: Other Basic Organic Chemical Manufacturing U16: Intermediates PF: Processing  incorporation into a formulation 32561: Soap and Cleaning Compound Manufacturing U28: Solvents ( which become part of the product formulation or mixture) 34 Part III, Section A   Industrial Processing and Use Data SECTION A. INDUSTRIAL PROCESSING AND USE DATA N/ A a. Type of Process or Use b. ( 5 digit) NAICS c. Industrial Function Category d. % Production Volume e. Number of Sites f. Number of Workers Code CBI Code CBI Code CBI Code CBI Code CBI Code CBI 3. A. 1 3. A. 2 3. A. 3 3. A. 4 3. A. 5 3. A. 6 3. A. 7 3. A. 8 3. A. 9 3. A. 10 PF PC 32519 32561 U16 U28 100 4 Chemical intermediate: 9,600,000 lbs ÷ 10,000,000 lbs = 96%

Cleaning products: 400,000 lbs ÷ 10,000,000 lbs = 4%

Key Points:

° Round estimates to the nearest 10%

° You cannot round down to 0% if the PV associated with the use is greater than 300,000 lbs. Report to the nearest 1%

° The total % PV may add up to more than 100%

What % PV should be entered for each use? 35 SECTION A. INDUSTRIAL PROCESSING AND USE DATA N/ A a. Type of Process or Use b. ( 5 digit) NAICS c. Industrial Function Category d. % Production Volume e. Number of Sites f. Number of Workers Code CBI Code CBI Code CBI Code CBI Code CBI Code CBI 3. A. 1 3. A. 2 3. A. 3 3. A. 4 3. A. 5 3. A. 6 3. A. 7 3. A. 8 3. A. 9 3. A. 10 Part III, Section A   Industrial Processing and Use Data Company B sells formaldehyde to 12 chemical manufacturing sites and estimates 4 workers are exposed per site.

( 12 sites x 4 workers/ site = 48 workers)

Company B sells formaldehyde to 6 formulators and estimates 12 workers are exposed per site.

( 6 sites x 12 workers/ site = 72 workers) S2 S1 W3 W4 S2   from 10 to 25 sites S1   less than 10 sites W3   at least 25 but fewer than 50 W4   at least 50 but fewer than 100 PF PC 32519 32561 U16 U28 100 4 What codes should be reported for the number of sites and exposed workers for each use? 36 Part III, Section B: Commercial and Consumer End Use

Commercial Use  Use of a chemical substance or mixture in a commercial enterprise providing saleable goods or a service.

Consumer Use  Use of a chemical substance that is directly, or as part of a mixture, sold to a consumer for their own use.

SECTION B. COMMERCIAL & CONSUMER END USE EXPOSURE RELATED DATA N/ A a. Commercial and Consumer Product Category b. Use in Children's Product c. Percent Production Volume associated with each category d. Maximum Concentration associated with each category Code CBI Y/ N/? CBI Percent CBI Code CBI 3. B. 1 3. B. 2 3. B. 3 3. B. 4 3. B. 5 3. B. 6 3. B. 7 3. B. 8 3. B. 9 3. B. 10 37 Part III, Section B: Commercial and Consumer End Use

Designate up to 10 commercial and consumer product categories

Determine if the chemical is present in or on any consumer product intended for use by children

Report the percent production volume and maximum concentration associated with each use SECTION B. COMMERCIAL & CONSUMER END USE EXPOSURE RELATED DATA N/ A a. Commercial and Consumer Product Category b. Use in Children's Product c. Percent Production Volume associated with each category d. Maximum Concentration associated with each category Code CBI Y/ N/? CBI Percent CBI Code CBI 3. B. 1 3. B. 2 3. B. 3 3. B. 4 3. B. 5 3. B. 6 3. B. 7 3. B. 8 3. B. 9 3. B. 10 38 Part III, Section B: Commercial and Consumer End Use Cleaning products containing 0.1   5% formaldehyde Commercial and Consumer Uses Industrial Processing and Uses C16: Soaps and Detergents Company B manufactures 10,000,000 lbs of formaldehyde 400,000 lbs sold to formulators for incorporation into household cleaning products 9,600,000 lbs sold to organic chemical manufacturers as a chemical intermediate Formaldehyde destroyed ( no commercial and consumer uses) 39 Part III, Section B: Commercial and Consumer End Use SECTION B. COMMERCIAL & CONSUMER END USE EXPOSURE RELATED DATA N/ A a. Commercial and Consumer Product Category b. Use in Children's Product c. Percent Production Volume associated with each category d. Maximum Concentration associated with each category Code CBI Y/ N/? CBI Percent CBI Code CBI 3. B. 1 3. B. 2 3. B. 3 3. B. 4 3. B. 5 3. B. 6 3. B. 7 3. B. 8 3. B. 9 3. B. 10 C16 Is the cleaning product intended for use by children?

What Percent Production Volume and Maximum Concentration should be Reported?

No. While children may be exposed to the cleaner, it it is not intended to be used by children under the age of 14.

N 400,000 lbs ÷ 10,000,000 lbs = 4%. Use rounding rules from Part II Section A, and round to 4%.

M2   from 1% to 30% by weight. The maximum concentration of formaldehyde in the cleaner is 5%.

4 M2 40 Completing Form U: Part III   Key Points

Report all readily obtainable information

Report up to 10 combinations of process or use,

IFC, and NAICS codes

Report up to 10 consumer and commercial uses 41 Agenda  Introduction  What is IUR?

 Who needs to report?

 Full exemptions to reporting  Partial exemptions to reporting  Completing Form U  Part I   Site Identification Information  Part II   Manufacturing Information  Part III   Processing and Use Information

Questions and Examples on Mixtures and Importers

Case Study I   IPA

Case Study II   Xylene 42 Questions and Examples on Mixtures and Importers 1) Does the TSCA Inventory include mixtures?

2) Does the TSCA Inventory include hydrated forms of chemical substances?

3) How do I report a mixture consisting of multiple chemicals?

4) What is the regulatory definition of importer?

5) What constitutes ` control' in the definition of importer?

6) If I import a chemical substance using a broker, who is responsible for reporting?

7) Examples of importing chemicals and mixtures 43 Question # 1 Does the TSCA Inventory include mixtures?

Answer:

The TSCA Inventory identifies two types of materials:

chemical substances and mixtures of chemical substances.

A mixture is defined as any combination of two or more chemical substances if the combination does not occur in nature and is not the result of a chemical reaction. See 40 CFR 710.3. 44 Question # 2 Does the TSCA Inventory include hydrated forms of chemical substances?

Answer:

No, the TSCA Inventory does not include hydrated forms of a chemical substance or hydrated ions formed by association of a chemical substance with water; these compounds are considered to be mixtures of the corresponding anhydrous form and water.

However, if you manufacture a hydrated form of a chemical substance, you are subject to IUR regulations for the anhydrous form of the chemical substance.

For example, if you manufacture copper sulfate pentahydrate, copper sulfate is subject to IUR regulations. 45 Question # 3 How do I report a mixture consisting of multiple chemicals?

Answer: Although mixtures are not reportable under IUR, the individual chemical substances making up a mixture are reportable.

° If you manufacture a chemical substance as part of a mixture, then you should evaluate the IUR reporting requirements for each chemical substance in the mixture.

° If you import a mixture, then you should evaluate the IUR reporting requirements for each chemical substance in the mixture.

° If you produce a mixture by combining existing substances that your company does not manufacture and no chemical reaction occurs ( i. e., blending and formulating), then you do not have to report those substances under the IUR. 46 Question # 4 What is the regulatory definition of importer?

Answer:

An importer is defined as any person who imports any chemical substance or any chemical substance as part of a mixture or article into the customs territory of the United States. For imported chemicals, the site reported on Part I Section C of Form U is the location of the operating unit within the importing company which controls the import transaction. See 40 CFR 710.3. 47 Question # 5 What constitutes ` control' in the definition of importer?

Answer: Control of the import transaction includes placing the order or contracting for the importation of a chemical substance,

acknowledging receipt or signing for delivery of a chemical substance, paying tariff duties on the imported chemical substance, or physically receiving the imported chemical substance. The import site may be the organization's headquarters in the United States. See 40 CFR 710.48( b). 48 Question # 6 If I import a chemical substance using a broker, who is responsible for reporting?

Answer:

The party who controls the transaction is responsible for reporting.

If the broker plays an active role, ordering the chemical substance,

arranging for shipment, directing delivery, paying import duties etc., then the broker controls the transaction and has primary responsibility for reporting. If the broker merely puts you in touch with a supplier, and you make the individual orders, then you should report. Remember that if no one reports an imported chemical, the Agency can hold all persons who may be importers responsible for the violation. See 40 CFR 710.55( b). 49 Example # 1 I manufacture 50,000 pounds of a hydrochloric acid and water mixture, which contains 22,000 pounds of hydrochloric acid.

Do I need to complete a Form U for the hydrochloric acid?

Answer:

No. You are only required to complete a Form U if you manufacture or import 25,000 pounds or more of a reportable substance. 50 Example # 2 I imported a chemical to two different sites during the reporting year   15,000 pounds to one site and 10,000 pounds to a second site. Do I need to report?

Answer:

If you controlled the transaction, then you need to aggregate the total amount imported ( 25,000 pounds), which makes this chemical subject to IUR reporting. If your site paid for the total amount of chemical substance imported and then distributed it to different sites, you controlled the transaction and should complete Form U.

If each of the two sites controlled the transaction independently of one another, then each site is subject to IUR regulations. For this example, both sites imported less than 25,000 pounds and therefore do not need to report.

The sites control the transaction if they placed orders and paid for the chemical independent of one another 51 Agenda  Introduction  What is IUR?

 Who needs to report?

 Full exemptions to reporting  Partial exemptions to reporting  Completing Form U  Part I   Site Identification Information  Part II   Manufacturing Information  Part III   Processing and Use Information  Questions and Examples on Mixtures and Importers

Case Study I   IPA

Case Study II   Xylene 52 Case Study I

Cover Parts II and III of Form U

Show how to report:

° Multiple combinations of NAICS, IFC, and Process or Use codes ° Downstream uses of a chemical after it has been reacted into another substance ° Aggregation of identical combinations of Process or Use, NAICS,

and IFC codes 53 Case Study I   Flow Diagram Manufacturing Company C manufactures 52,250,000 lbs of an IPA mixture at 95% conc.

( 50,000,000 lbs of IPA)

25,000,000 lbs used on site as a chemical reactant for acetone production 25,000,000 lbs shipped off site in drums, tank trucks, and rail cars Chemical reacted to form a different substance Industrial Processing and Use next page 54 Case Study I   Flow Diagram 25,000,000 lbs shipped off site in drums, tank trucks, and rail cars.

10,000,000 lbs used as a chemical reactant for isopropyl acetate production at 3 sites Industrial Processing and Use 14,000,000 lbs used as a chemical reactant for other chemical production at 6 sites 1,000,000 lbs shipped to 20 formulators of commercial soaps and cleaning products Commercial and Consumer Use 1,000,000 lbs used as a component in commercial soaps and cleaning products at 50% maximum concentration Chemical reacted Chemical reacted 55 Case Study I   Worksheet # 1 30 Total 0 1 0 Administrative personnel 4 1 4 Engineering staff 0 1 0 Load sealed drums onto trucks 2 1 2 Load IPA into drums, tanks trucks, and rail cars 0 4 0 Transfer IPA to the acetone reactor from bulk storage 8 4 2 Maintenance and equipment cleaning 16 4 4 Operate and monitor equipment Exposed Workers Number of Shifts Exposed Workers per Shift Activity Number of Workers Potentially Exposed During Manufacturing 56 Case Study I   Worksheet # 2 Liquid 100%

Physical Form and Percent of PV 2. B. 9   2. B. 14 95%

M5 Maximum Concentration and Maximum Concentration Code 2. B. 8 30 W3 Number of Workers and Number of Workers Code 2. B. 7 50,000,000 Production Volume ( lbs)

2. B. 5 M Activity ( M, I, or both)

2. B. 4 N Site limited ( Y/ N)

2. B. 3 2 propanol Chemical Name 2. A. 3 C ID Code 2. A. 2 67 63 0 Chemical ID Number 2. A. 1 Entry Block Title Block Manufacturing Information 57 Case Study I   Worksheet # 3 S1 1 50 U16 32519 PC 25,000,000 Acetone Production S2 20 2 U27 32561 PF 1,000,000 Formulation of Soaps and Cleaners S1 6 28 U16 32519 PC 14,000,000 Other Organic Chemical Production S1 3 20 U16 32519 PC 10,000,000 Isopropyl Acetate Production Code #

Code # Exposed Workers Sites % PV IFC Code NAICS Code Proc /

Use Code Amt. lbs Process or Use Description Industrial Processing and Use Information 58 Case Study I   Worksheet # 3

Acetone Production 2 workers/ shift x 4 shifts = 8 workers

Isopropyl Acetate Production 4 workers/ shift site x 4 shifts x 3 sites = 48 workers

Other Organic Chemical Production 5 workers/ shift site x 4 shifts x 6 sites = 120 workers

Formulation of Soaps and Cleaners 15 workers/ site* x 20 sites = 300 workers * Company C knows that 15 workers/ site are exposed at two of the formulation sites. Using best professional judgment, they estimate that 15 workers are exposed at each of the 20 sites. 59 Case Study I   Worksheet # 3 W1 8 S1 1 50 U16 32519 PC 25,000,000 Acetone Production W5 300 S2 20 2 U27 32561 PF 1,000,000 Formulation of Soaps and Cleaners W5 120 S1 6 28 U16 32519 PC 14,000,000 Other Organic Chemical Production W3 48 S1 3 20 U16 32519 PC 10,000,000 Isopropyl Acetate Production Code #

Code # Exposed Workers Sites % PV IFC Code NAICS Code Proc /

Use Code Amt. lbs Process or Use Description Industrial Processing and Use Information These combinations of Process or Use, NAICS, and IFC codes are identical, and should be aggregated. 60 Case Study I   Worksheet # 4 W5 176 S2 10 98 49,000,000 Total 120 6 14,000,000 Other Organic Chemical Production 48 3 10,000,000 Isopropyl Acetate 8 1 25,000,000 Acetone Production Code #

Code # Exposed Workers Sites % PV Amount,.

lbs Process or Use Description Data Aggregation for Proc/ Use Code PC, NAICS 32519,

and IFC U16 Enter the aggregated data as one use,

using one line on Form U. 61 Case Study I   Worksheet # 5 M3 50 2 N C16 1,000,000 Soaps and Cleaners Code % Maximum Concentration % PV Children's Products ( Y, N, ?)

Comm. &

Cons. Product Category Code Amount,

lbs End Use Commercial and Consumer End Use Information 62 Case Study I   Form U SECTION B. MANUFACTURING INFORMATION CBI CBI a. Physical Form b. Percent of Production Volume in Each Physical Form 2. B. 1 Company Information 2. B. 2 Plant Site Identity* Check All That Apply CBI Percent CBI CBI 2. B. 3 Site Limited ( Y/ N) 2. B. 9 Dry Powder CBI 2. B. 4 Activity ( Check all that apply) G Manufacture G Import 2. B. 10 Pellets or Large Crystals CBI 2. B. 5 Production Volume ( LB) 2. B. 11 Water or Solvent Wet Solid CBI 2. B. 6 Production Volume Range LEAVE BLANK 2. B. 12 Other Solid CBI 2. B. 7 Number of Workers ( code) 2. B. 13 Gas or Vapor CBI 2. B. 8 Maximum Concentration ( code) 2. B. 14 Liquid N 50,000,000 W3 M5 x X 100 SECTION A. CHEMICAL IDENTIFICATION CBI*

2. A. 1 Chemical Identifying Number 2. A. 2 ID Code 2. A. 3 Chemical Name 67 63 0 2 propanol C 63 Case Study I   Form U SECTION A. INDUSTRIAL PROCESSING AND USE DATA N/ A a. Type of Process or Use b. ( 5 digit) NAICS c. Industrial Function Category d. % Production Volume e. Number of Sites f. Number of Workers Code CBI Code CBI Code CBI Code CBI Code CBI Code CBI 3. A. 1 3. A. 2 3. A. 3 3. A. 4 3. A. 5 3. A. 6 3. A. 7 3. A. 8 3. A. 9 3. A. 10 S2 S2 W5 W5 PF PC 32519 32561 U16 U27 100 2 64 Case Study I   Form U SECTION B. COMMERCIAL & CONSUMER END USE EXPOSURE RELATED DATA N/ A a. Commercial and Consumer Product Category b. Use in Children's Product c. Percent Production Volume associated with each category d. Maximum Concentration associated with each category Code CBI Y/ N/? CBI Percent CBI Code CBI 3. B. 1 3. B. 2 3. B. 3 3. B. 4 3. B. 5 3. B. 6 3. B. 7 3. B. 8 3. B. 9 3. B. 10 C16 N 2 M3 65 Case Study I   Summary

Aggregate identical combinations of Process or Use, NAICS, and IFC codes

Once a chemical has been reacted, the downstream uses are not reported

Workers wearing personal protective equipment should still be reported 66 Agenda  Introduction  What is IUR?

 Who needs to report?

 Full exemptions to reporting  Partial exemptions to reporting  Completing Form U  Part I   Site Identification Information  Part II   Manufacturing Information  Part III   Processing and Use Information  Questions and Examples on Mixtures and Importers  Case Study I   IPA

Case Study II   Xylene 67 Case Study II

Cover Parts II and III of Form U

Show how to report:

° A chemical manufactured and imported at the same site ° Multiple combinations of NAICS, IFC, and Process or Use codes ° TSCA exempt use ( pesticide) 68 Case Study II   Flow Diagram Manufacturing Company G manufactures 19,000,000 lbs of xylene up to 99% conc. Company G imports 1,000,000 lbs of xylene up to 99% conc.

Company G manufactures a total of 20,000,000 lbs xylene at 99% max. conc.

6,000,000 lbs shipped directly to 3 customers at 99% for use as a chemical reactant 14,000,000 lbs shipped to 15 customers for formulation into products at 0.5   95% conc.

Xylene reacted to form a different chemical Industrial Processing and Use next page 69 Case Study II   Flow Diagram 14,000,000 lbs shipped to 15 customers for formulation into products at 0.5   95% conc.

6,000,000 lbs is simply resold to 200 hardware manufacturers at 95% concentration for use as a metal degreaser 800,000 lbs formulated into paint at 15% concentration Industrial Processing and Use 5,000,000 lbs formulated into automotive care products at 35% maximum concentration 2,000,000 lbs blended into pesticide formulations at 10%

concentration 200,000 lbs formulated into as a component of consumer products at 95% maximum concentration 70 Case Study II   Flow Diagram Industrial Processing and Use Commercial and Consumer Use 5,000,000 lbs formulated into automotive care products at 35% maximum concentration 2,000,000 lbs blended into pesticide formulations at 10%

concentration Automotive care products used by consumers and commercial users at 35% concentration or less Pesticide sold for commercial and consumer applications 71 Case Study II   Flow Diagram Industrial Processing and Use 800,000 lbs formulated into paint at 15% concentration 200,000 lbs formulated into as a component of consumer products at 95% maximum concentration Commercial and Consumer Use Paint sold for commercial and consumer applications Used by consumers for various uses 72 Case Study II   Worksheet # 1 6 1 6 Loading tank trucks and rail cars from bulk storage 76 Total 0 1 0 Administrative personnel 4 1 4 Engineering staff 8 4 2 Transferring xylene to bulk storage 16 4 4 Drumming operations 2 1 2 Analyze samples ( lab technicians) 8 4 2 Maintenance and equipment cleaning 32 4 8 Operating and monitoring equipment Exposed Workers Number of Shifts Exposed Workers per Shift Activity Number of Workers Potentially Exposed During Manufacturing 73 Case Study II   Worksheet # 2 Liquid 100%

Physical Form and Percent of PV 2. B. 9

2. B. 14 99%

M5 Maximum Concentration and Maximum Concentration Code 2. B. 8 76 workers W4 Number of Workers and Number of Workers Code 2. B. 7 18,000,000 Production Volume ( lbs)

2. B. 5 Both Activity ( M, I, or both)

2. B. 4 N Site limited ( Y/ N)

2. B. 3 Benzene, dimethyl

Chemical Name 2. A. 3 C ID Code 2. A. 2 1330 20 7 Chemical ID Number 2. A. 1 Entry Block Title Block Manufacturing Information 74 Case Study II   Worksheet # 3 Industrial Processing and Use Information Exempt from IUR reporting because pesticides are regulated by the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA).

2,000,000 Blended into pesticides Do not need to report because PV < 300,000 lbs and less than 5% of total PV.

200,000 Various consumer products S2 15 25%

U28 32519 PF 5,000,000 Formulated into automotive care products S1 3 30%

U16 32519 PC 6,000,000 Chemical reactant S2 15 4%

U28 32551 PF 800,000 Formulated into paints S4 200 30%

U27 33251 U 6,000,000 Metal degreaser Code #

Code # Exposed Workers Sites % PV IFC Code NAICS Code Proc /

Use Code Amount,

pounds Process or Use Description 75 Case Study II   Worksheet # 3

Chemical reactant:

3 sites x 8 workers/ site = 24 workers

Metal degreaser:

200 sites x 20 workers/ site = 4,000 workers

Formulated into automotive care products:

15 sites x 10 workers/ site = 150 workers*

Formulated into paints:

15 sites x 10 workers/ site = 150 workers*

* Company G assumes all 15 formulators produce automotive care products and paints. 76 Case Study II   Worksheet # 3 Industrial Processing and Use Information Exempt from IUR reporting because pesticides are regulated by the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA).

2,000,000 Blended into pesticides Do not need to report because PV < 300,000 lbs and the amount less than 5% of total PV.

200,000 Various consumer products W5 150 S2 15 28%

U28 32519 PF 5,000,000 Formulated into automotive care products W2 24 S1 3 33%

U16 32519 PC 6,000,000 Chemical reactant W5 150 S2 15 4%

U28 32551 PF 800,000 Formulated into paints W7 4,000 S4 200 33%

U27 33251 U 6,000,000 Metal degreaser Code #

Code # Exposed Workers Sites % PV IFC Code NAICS Code Proc /

Use Code Amount,

pounds Process or Use Description 77 Case Study II   Worksheet # 4 M2 15%

4%

N C12 800,000 Painting applications Exempt from IUR reporting because pesticides are regulated by the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA).

2,000,000 Blended into pesticides Do not need to report because PV < 300,000 lbs and the amount is less than 5% of total PV.

200,000 Various consumer products M3 35%

28%

N C03 5,000,000 Use of automotive care products Code % Maximum Concentration % PV Children's Products ( Y, N, ?)

Comm. & Cons.

Product Category Code Amount,

pounds End Use Commercial and Consumer End Use Information 78 SECTION B. MANUFACTURING INFORMATION CBI CBI a. Physical Form b. Percent of Production Volume in Each Physical Form 2. B. 1 Company Information 2. B. 2 Plant Site Identity* Check All That Apply CBI Percent CBI CBI 2. B. 3 Site Limited ( Y/ N) 2. B. 9 Dry Powder CBI 2. B. 4 Activity ( Check all that apply) G Manufacture G Import 2. B. 10 Pellets or Large Crystals CBI 2. B. 5 Production Volume ( LB) 2. B. 11 Water or Solvent Wet Solid CBI 2. B. 6 Production Volume Range LEAVE BLANK 2. B. 12 Other Solid CBI 2. B. 7 Number of Workers ( code) 2. B. 13 Gas or Vapor CBI 2. B. 8 Maximum Concentration ( code) 2. B. 14 Liquid Case Study II   Form U N x 18,000,000 W4 M5 x 100 X SECTION A. CHEMICAL IDENTIFICATION CBI*

2. A. 1 Chemical Identifying Number 2. A. 2 ID Code 2. A. 3 Chemical Name 1330 20 7 Benzene, dimethyl C 79 Case Study II   Form U SECTION A. INDUSTRIAL PROCESSING AND USE DATA N/ A a. Type of Process or Use b. ( 5 digit) NAICS c. Industrial Function Category d. % Production Volume e. Number of Sites f. Number of Workers Code CBI Code CBI Code CBI Code CBI Code CBI Code CBI 3. A. 1 3. A. 2 3. A. 3 3. A. 4 3. A. 5 3. A. 6 3. A. 7 3. A. 8 3. A. 9 3. A. 10 32519 32551 32519 33251 PC PF PF U S1 S2 S2 S4 U16 U28 U28 U27 30 4 30 30 W2 W5 W5 W7 80 Case Study II   Form U SECTION B. COMMERCIAL & CONSUMER END USE EXPOSURE RELATED DATA N/ A a. Commercial and Consumer Product Category b. Use in Children's Product c. Percent Production Volume associated with each category d. Maximum Concentration associated with each category Code CBI Y/ N/? CBI Percent CBI Code CBI 3. B. 1 3. B. 2 3. B. 3 3. B. 4 3. B. 5 3. B. 6 3. B. 7 3. B. 8 3. B. 9 3. B. 10 C03 C12 M3 M2 30 4 NN 81 Case Study II   Summary

Combine manufactured and imported production volumes

Non TSCA uses ( pesticides, cosmetics, etc.) are exempt from IUR reporting