[Code of Federal Regulations] [Title 40, Volume 29] [Revised as of July 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR766.35] [Page 836-838] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 766_DIBENZO-PARA-DIOXINS/DIBENZOFURANS--Table of Contents Subpart B_Specific Chemical Testing/Reporting Requirements Sec. 766.35 Reporting requirements. (a) Letters of intent, exemption applications, and protocols--(1) Letters of Intent. (i) Persons who have manufactured or imported chemical substances listed under Sec. 766.25 between January 1, 1984, and the effective date of this part are required to submit under Sec. 790.45 of this chapter a letter of intent to test or an exemption application. These letters must be submitted no later than September 3, 1987. (ii) Persons who commence manufacture, import or processing of a chemical substance listed under Sec. 766.25 that has not been manufactured, imported or processed between January 1, 1984 and the effective date of this part must submit under Sec. 790.45 of this chapter, within 60 days after the commencement of manufacture, import, or processing of the chemical substance, a letter of intent to test or an exemption application. (iii) Persons who commence manufacture, import or processing of a chemical substance listed under Sec. 766.25 between the effective date of this part and the end of the reimbursement period for that particular chemical substance produced by a specific process must submit under Sec. 790.45 of this chapter, within 60 days after the commencement of manufacture, import or processing of the chemical substance, a letter of intent to test or an exemption application. (2) Protocols. (i) Each person who is manufacturing or processing a chemical substance listed in Sec. 766.25 as of the effective date of this part who submits a notice of intent to test under Sec. 766.35(a)(1) must submit a protocol for the test as follows: (A) The protocols for each chlorinated chemical substance produced by each process to be tested must be submitted to EPA no later than 12 months after the effective date of this part. (B) The protocol for each brominated chemical substance produced by each process to be tested must be submitted to EPA no later than 24 months after the effective date of this part except for the following chemicals. (1) The deadline for submitting the protocols for tetrabromobisphenol-A (CAS No. 79-94-7); 2,4,6 tribromophenol (CAS. No. 118-79-6); decabromodiphenyloxide (CAS No. 1163-19-5); and 1,2- bis(tribromophenoxy)-ethane (CAS No. 37853-59-1) is January 31, 1991. (2) The deadline for submitting protocols for octabromodiphenyloxide (CAS No. 32536-52-0) and allyl ether of tetrabromobisphenol-A (CAS No. 25327-89-3) is January 31, 1991. [[Page 837]] (3) The deadline for submitting protocols for pentabromodiphenyloxide (CAS No. 32534-81-9) is February 6, 1995. The deadline for submitting tetrabromobisphenol-A-bisethoxylate (CAS No. 4126-45-2) is January 31, 1991. (4) The deadline for submitting protocols for 3,4',5- tribromosalicylanilide (CAS No. 87-10-5) is September 5, 1990. (ii) For chemical substances produced by a specific process not manufactured or processed as of the effective date of this part, a person who begins manufacture and submits a notice of intent to test must submit protocols for the test as follows: (A) Except as noted for the submitter and substance specified in the following table, protocols for testing must be submitted 12 months after manufacture or importation begins for chlorinated chemical substances. ---------------------------------------------------------------------------------------------------------------- CAS No. Submitter Chemical Due date ---------------------------------------------------------------------------------------------------------------- 118-75-2 Rhone-Poulenc.................... 2,3,5,6-tetrachloro-2,5-cyclohexaniene- March 4, 1994 1,4-dione. ---------------------------------------------------------------------------------------------------------------- (B) Protocols for testing must be submitted 24 months after manufacture begins for brominated chemical substances. (iii) For persons who have been granted exemptions, waivers or exclusions from testing, protocols must be submitted 12 months after expiration of the exemption, waiver or exclusion for chlorinated chemical substances, and 24 months after expiration of the exemption, waiver or exclusion for brominated chemical substances. (b) Information that must be submitted to EPA. (1) Persons who manufacture or import a chemical substance listed under Sec. 766.25 must report no later than October 5, 1987 or 90 days after the person first manufactures or imports the chemical substance, whichever is later, the results of all existing test data which show that chemical substance has been tested for the presence of HDDs/HDFs. (2) Any manufacturer or importer of a chemical substance listed in Sec. 766.25 in possession of unpublished health and safety studies on HDDs/HDFs is required to submit copies of such studies to EPA no later than October 5, 1987 or 90 days after the person first manufactures or imports the chemical substance, whichever is later. The following provisions of part 716 of this chapter apply to submission of these studies: Sec. Sec. 716.3, 716.10(a) (1) and (4); 716.20(a) (1), (2), (3), (4), (7), (8) and (10); 716.25; 716.30; 716.35(a) (1), (2), and (4) [if applicable]; 716.35 (b) and (c); 716.40 (a) and (b); 716.50; 716.55; and 716.60(a)(2). (3) No later than October 5, 1987 or 90 days after the person first manufactures or imports the substance listed in Sec. 766.25, any manufacturer or importer of a chemical substance listed in Sec. 766.25 must submit records required to be held under part 717 of this chapter on any HDDs/HDFs. (4) Test results. (i) Test results must be submitted to EPA not later than 270 days after EPA's transmission of comments or 180 days after a final protocol is submitted to EPA, whichever is shorter, except as noted for the submitters and substances specified in the following table: ---------------------------------------------------------------------------------------------------------------- CAS No. Submitter Chemical Due Date Effective Date ---------------------------------------------------------------------------------------------------------------- 79-94-7 Great Lakes Tetrabromobisphenol-A May 26, 1992 May 28, 1993 79-94-7 Ethyl Tetrabromobisphenol-A August 10, 1992 May 28, 1993 79-94-7 Ameribrom Tetrabromobisphenol-A April 15, 1994 September 29, 1995 87-10-5 Pfister 3,4',5-tribromosalicylanilide 45 days after protocol May 28, 1993 approval 118-75-2 Rhone-Poulenc Inc. 2,3,5,6-tetrachloro-2,5- July 5, 1996 June 30, 1997 cyclohexadiene-1,4-dione 118-79-6 Great Lakes 2,4,6-Tribromophenol May 26, 1992 May 28, 1993 1163-19-5 Ameribrom Decabromodiphenyloxide April 15, 1994 September 29, 1995 1163-19-5 Ethyl Decabromodiphenyloxide May 26, 1992 May 28, 1993 1163-19-5 Great Lakes Decabromodiphenyloxide May 26, 1992 May 28, 1993 4162-45-2 Great Lakes Tetrabromobisphenol-A- June 2, 1993 September 8, bisethoxylate 1994 [[Page 838]] 25327-89-3 Great Lakes Allyl Ether of August 10, 1992 May 28, 1993 Tetrabromobisphenol-A 32534-81-9 Great Lakes Pentabromodiphenyloxide March 22, 1993 September 8, 1994 32534-81-9 Akzo Chemicals Pentabromodiphenyloxide February 6, 1995 September 29, Inc. 1995 32534-81-9 Ameribrom Pentabromodiphenyloxide March 22, 1993 September 8, 1994 32536-52-0 Ameribrom Octabromodiphenyloxide January 8, 1993 September 29, 1995 32536-52-0 Ethyl Octabromodiphenyloxide May 15, 1994 May 28, 1993 32536-52-0 Great Lakes Octabromodiphenyloxide May 26, 1992 May 28, 1993 37853-59-1 Great Lakes 1,2-bis(tribromophenoxy)ethane January 24, 1995 September 29, 1995 ---------------------------------------------------------------------------------------------------------------- (ii) For purposes of reporting test results to EPA, and for further reporting triggered by a positive test result under Sec. 766.35(c), a positive test result is defined at Sec. 766.3. (iii) Reporting of test results must follow procedures set out in part 790 of this chapter, except as modified in this part. (c) Information required to be submitted to EPA after submission of a positive test result. (1) Any person who submits a positive test result for a specific chemical substance listed under Sec. 766.25 must submit to EPA no later than 90 days after the date of submission of the positive test result the following: (i) A completed form (EPA 7710-51) for that chemical substance. The form and instructions are available from the Environmental Assistance Division (7408), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. One form must be submitted for each chemical substance for which a positive test result has been submitted. (ii) Health and safety studies for the chemical substance for which a positive test result has been reported. The following provisions of part 716 of this chapter apply to submission of these studies: Sec. Sec. 716.3; 716.10 (a) (1), (2), (3) and (4); 716.20; 716.25; 716.30; 716.35(a) (1), (2), and (4), [if applicable]; 716.35 (b) and (c); 716.40 (a) and (b); 716.50; 716.55; 716.60(a)(2). (iii) Copies of records on the chemical substances required to be held under part 717 of this chapter. (2) If a positive test result on a chemical substance is received from one person but not from others, EPA may issue a notice in the Federal Register listing that chemical substance and requiring any person manufacturing, importing or processing that chemical substance who has not submitted a positive test result to submit the information required in Part II of EPA Form 7710-51. Such a notice will be published only if EPA needs additional process data to make a determination of unreasonable risk. (d)-(e) [Reserved] (f) Effective date. (1) The effective date of this final rule is July 6, 1987, except for paragraphs (a)(2)(i)(B) introductory text, (a)(2)(i)(B)(1), (a)(2)(i)(B)(2), (a)(2)(i)(B)(3), (a)(2)(i)(B)(4), the table in paragraph (a)(2)(ii)(A), and the table in paragraph (b)(4)(i) of this section. (2) The effective date for paragraph (a)(2)(i)(B) introductory text, (a)(2)(i)(B)(1), (a)(2)(i)(B)(2), and (a)(2)(i)(B)(4), is May 21, 1991. The effective date of paragraphs (a)(2)(i)(B)(3), and the table in paragraph (a)(2)(ii)(A) is September 29, 1995. The effective date of paragraph (b)(4)(i) introductory text is May 28, 1993, and the effective date of the entries in the table in paragraph (b)(4)(i) is shown in the effective dates column of the table. (3) The guidelines and other test methods cited in this rule are referenced as they exist on the effective date of the final rule. [52 FR 21437, June 5, 1987, as amended at 56 FR 23229, May 21, 1991; 57 FR 24960, June 12, 1992; 58 FR 30991, May 28, 1993, 58 FR 34205, June 23, 1993; 59 FR 46356, Sept. 8, 1994; 60 FR 31922, June 19, 1995; 60 FR 50433, Sept. 29, 1995; 60 FR 56955, Nov. 13, 1995; 62 FR 35105, June 30, 1997] [[Page 839]]