[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR715.1]

[Page 140-141]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 715--ACTIVITIES INVOLVING UNSCHEDULED DISCRETE ORGANIC CHEMICALS (UDOCs)--Table of Contents
 
Sec. 715.1  Initial and annual declaration requirements for production by synthesis of unscheduled discrete organic chemicals (UDOCs).

    (a) See Sec. 711.6 of this subchapter for information on obtaining 
the forms you will need to declare production of unscheduled discrete 
organic chemicals. Declaration of production by synthesis of UDOCs for 
purposes not prohibited by the CWC. (1) Production quantities that 
trigger the declaration requirement. You must complete the forms 
specified in paragraph (b) of this section if your plant site produced 
by synthesis:
    (i) In excess of 200 metric tons aggregate of all UDOCs (including 
all UDOCs containing the elements phosphorus, sulfur or fluorine, 
referred to as ``PSF-chemicals'') in calendar year 1996 (for the initial 
declaration) or the previous calendar year beginning with 1997 (for an 
annual declaration); or
    (ii) In excess of 30 metric tons of an individual PSF-chemical at 
one or more plants in calendar year 1996 (for the initial declaration) 
or in the previous calendar year beginning with 1997 (for an annual 
declaration).
    (2) UDOCs subject to declaration requirements under this part. (i) 
UDOCs subject to declaration requirements under this part are those 
produced by synthesis that have been isolated for:
    (A) Use; or
    (B) Sale as a specific end product.
    (ii) Exemptions. (A) Polymers and oligomers consisting of two or 
more repeating units which are formed by the chemical reaction of 
monomeric or polymeric substances;
    (B) Chemicals and chemical mixtures produced through a biological or 
biomediated process;
    (C) Products from the refining of crude oil, including sulfur-
containing crude oil;
    (D) Metal carbides (i.e., chemicals consisting only of metal and 
carbon); and
    (E) UDOCs produced by synthesis that are ingredients or by-products 
in foods designed for consumption by humans and/or animals.

    Note to Paragraph (a)(2):
    See Supplement No. 2 to this part for examples of UDOCs subject to 
the declaration requirements of this part, and for examples of 
activities that are not considered production by synthesis.

    (3) Exemptions for UDOC plant sites. UDOC plant sites that 
exclusively produced hydrocarbons or explosives are exempt from UDOC 
declaration requirements. For the purposes of this part, the following 
definitions apply for hydrocarbons and explosives:
    (i) Hydrocarbon means any organic compound that contains only carbon 
and hydrogen; and
    (ii) Explosive means a chemical (or a mixture of chemicals) that is 
included in Class 1 of the United Nations Organization hazard 
classification system.
    (b) Types of declaration forms to be used. (1) Initial declaration. 
You must complete the Certification Form and Form UDOC (consisting of 
two pages).

[[Page 141]]

Attach Form A as appropriate; Form B is optional.
    (2) Annual declaration on past activities. You must complete the 
Certification Form and Form UDOC (consisting of two pages). Attach Form 
A as appropriate; Form B is optional.
    (c) ``Declared'' UDOC plant sites. A plant site that produced by 
synthesis in excess of 200 metric tons aggregate of all UDOCs (including 
all PSF-chemicals), or that comprises at least one plant that produced 
by synthesis in excess of 30 metric tons of an individual PSF-chemical 
during the previous year, is a ``declared'' UDOC plant site. A plant 
site that submitted an initial declaration for 1996 and/or annual 
declaration on past activities for 1997 or 1998 is a ``declared'' UDOC 
plant site for the years declared.
    (d) Routine inspections of declared UDOC plant sites. A ``declared'' 
UDOC plant site is subject to routine inspection by the Organization for 
the Prohibition of Chemical Weapons (see part 716 of this subchapter) if 
it produced by synthesis during the previous calendar year more than 200 
metric tons aggregate of UDOCs. A plant site that submitted an initial 
declaration for 1996 and/or annual declaration on past activities for 
1997 or 1998, and exceeded the inspection threshold, is also subject to 
a routine inspection.