cfr_sections
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20 rows where part_number = 710 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:33.0.1.1.7.1.1.1 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | A | Subpart A—General Provisions | § 710.1 Scope and compliance. | EPA | [68 FR 887, Jan. 7, 2003, as amended at 76 FR 50859, Aug. 16, 2011; 76 FR 54933, Sept. 6, 2011; 82 FR 37539, Aug. 11, 2017] | (a) This part establishes regulations governing reporting and recordkeeping by certain persons who manufacture, import, or process chemical substances for commercial purposes under section 8(a) of the Toxic Substances Control Act (15 U.S.C. 2607(a)) (TSCA). Section 8(a) authorizes the Administrator to require reporting of information necessary for administration of the Act and requires EPA to issue regulations for the purpose of compiling and keeping current an inventory of chemical substances manufactured or processed for a commercial purpose, as required by section 8(b) of the Act. Following an initial reporting period, EPA published an initial inventory of chemical substances manufactured, processed, or imported for commercial purposes. In accordance with section 8(b), EPA periodically amends the inventory to include new chemical substances which are manufactured or imported for a commercial purpose and reported under section 5(a)(1) of the Act. EPA also revises the categories of chemical substances and makes other amendments as appropriate. (b) This part applies to the activities associated with the compilation of the TSCA Chemical Substance Inventory (Inventory) and the designation of chemical substances on the TSCA Inventory as active or inactive in U.S. commerce. (c) Section 15(3) of TSCA makes it unlawful for any person to fail or refuse to submit information required under these reporting regulations. In addition, section 15(3) makes it unlawful for any person to fail to keep, and permit access to, records required by these regulations. Section 16 provides that any person who violates a provision of section 15 is liable to the United States for a civil penalty and may be criminally prosecuted. Pursuant to section 17, the Government may seek judicial relief to compel submission of section 8(a) information and to otherwise restrain any violation of section 15. (EPA does not intend to concentrate its enforcement efforts on insignificant clerical errors in reporting.) (d) Each person who reports under the… | |||
| 40:40:33.0.1.1.7.1.1.2 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | A | Subpart A—General Provisions | § 710.3 Definitions. | EPA | [68 FR 888, Jan. 7, 2003, as amended at 69 FR 40791, July 7, 2004; 76 FR 50859, Aug. 16, 2011; 76 FR 54933, Sept. 6, 2011; 82 FR 37539, Aug. 11, 2017] | For purposes of this part: (a) The following terms will have the meaning contained in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 321 et seq., and the regulations issued under such Act: Cosmetic, device, drug, food, and food additive. In addition, the term food includes poultry and poultry products, as defined in the Poultry Products Inspection Act, 21 U.S.C. 453 et seq.; meats and meat food products, as defined in the Federal Meat Inspection Act, 21 U.S.C. 60 et seq.; and eggs and egg products, as defined in the Egg Products Inspection Act, 21 U.S.C. 1033 et seq. (b) The term pesticide will have the meaning contained in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq. , and the regulations issued thereunder. (c) The following terms will have the meaning contained in the Atomic Energy Act of 1954, 42 U.S.C. 2014 et seq. , and the regulations issued thereunder: Byproduct material, source material, and special nuclear material. (d) The following definitions also apply to this part: Act means the Toxic Substances Control Act (TSCA), 15 U.S.C. 2601 et seq. Administrator means the Administrator of the U.S. Environmental Protection Agency, any employee or authorized representative of the Agency to whom the Administrator may either herein or by order delegate his/her authority to carry out his/her functions, or any other person who will by operation of law be authorized to carry out such functions. Article means a manufactured item: (1) Which is formed to a specific shape or design during manufacture, (2) Which has end use function(s) dependent in whole or in part upon its shape or design during end use, and (3) Which has either no change of chemical composition during its end use or only those changes of composition which have no commercial purpose separate from that of the article and that may occur as described in § 710.4(d)(5); except that fluids and particles are not considered articles regardless of shape or design. Byproduct means a chemical… | |||
| 40:40:33.0.1.1.7.1.1.3 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | A | Subpart A—General Provisions | § 710.4 Scope of the inventory. | EPA | [42 FR 64572, Dec. 23, 1977, as amended at 68 FR 889, Jan. 7, 2003] | (a) Chemical substances subject to these regulations. Only chemical substances which are manufactured, imported, or processed “for a commercial purpose,” as defined in § 710.3(d), are subject to these regulations. (b) Naturally occurring chemical substances automatically included. Any chemical substance which is naturally occurring and: (1) Which is (i) unprocessed or (ii) processed only by manual, mechanical, or gravitational means; by dissolution in water; by flotation; or by heating solely to remove water; or (2) Which is extracted from air by any means, will automatically be included in the inventory under the category “Naturally Occurring Chemical Substances.” Examples of such substances are: raw agricultural commodities; water, air, natural gas, and crude oil; and rocks, ores, and minerals. (c) Substances excluded by definition or section 8(b) of TSCA. The following substances are excluded from the inventory: (1) Any substance which is not considered a “chemical substance” as provided in subsection 3(2)(B) of the Act and in the definition of “chemical substance” in § 710.3(d); (2) Any mixture as defined in § 710.3(d); A chemical substance that is manufactured as part of a mixture is subject to these reporting regulations. This exclusion applies only to the mixture and not to the chemical substances of which the mixture is comprised. The term “mixture” includes alloys, inorganic glasses, ceramics, frits, and cements, including Portland cement. (3) Any chemical substance which is manufactured, imported, or processed solely in small quantities for research and development, as defined in § 710.3(d); and (4) Any chemical substance not manufactured, processed or imported for a commercial purpose since January 1, 1975. (d) Chemical substances excluded from the inventory. The following chemical substances are excluded from the inventory. Although they are considered to be manufactured or processed for a commercial purpose for the purpose of section 8 of the Act, they are not manufactured or proces… | |||
| 40:40:33.0.1.1.7.2.1.1 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | B | Subpart B—Commercial Activity Notification | § 710.23 Definitions. | EPA | The following definitions also apply to subpart B of this part. Active substance means any interim active substance, any naturally occurring chemical substance as defined by § 710.27(b), any chemical substance that was added to the Inventory on or after June 21, 2006 pursuant to a Notice of Commencement under § 720.102 received by the Agency on or after June 21, 2006, and any chemical substance subject to commercial activity designation that the Administrator designates as active based on the receipt of a notice under this subpart. Central Data Exchange or CDX means EPA's centralized electronic document reporting portal, or its successors. Chemical Information Submission System or CISS means EPA's web-based reporting tool for preparing and submitting a Notice of Activity. Chemical substance subject to commercial activity designation means a chemical substance that requires a designation as either an active or an inactive substance. A chemical substance is subject to commercial activity designation if it is not an interim active substance, it was added to the Inventory before June 21, 2006, it is not a naturally occurring chemical substance as defined by § 710.27(b), and it has not yet been designated by the Administrator as either an active or an inactive substance. e-NOA means EPA's software module within CISS for generating and completing Notice of Activity Forms A and B. Existing claim for protection of specific chemical identity against disclosure is a claim for protection of the specific chemical identity of a chemical substance that is listed on the confidential portion of the Inventory, asserted prior to June 22, 2016. Inactive substance means any chemical substance subject to commercial activity designation, that the Administrator designates as inactive based on the lack of receipt of a notice under this subpart, effective 90 days after the Administrator identifies the chemical substance for such designation. Interim active substance means any chemical substance that was reported, pursuant… | ||||
| 40:40:33.0.1.1.7.2.1.2 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | B | Subpart B—Commercial Activity Notification | § 710.25 Persons subject to the notification requirement. | EPA | The following persons are subject to the requirements of this subpart. (a) Who must submit the Notice of Activity Form A? Any person who manufactured (including imported) a chemical substance subject to commercial activity designation at any time during the lookback period, except as provided in § 710.27, must submit a Notice of Activity Form A as specified under §§ 710.29 and 710.30(a), unless such person has evidence in the form of a CDX receipt, documenting EPA's receipt of a Notice of Activity Form A from another person, for the same chemical substance, or unless the prior manufacturing of such a substance is not known to or reasonably ascertainable by the person. Evidence in the form of a CDX receipt for a Notice of Activity Form A is not a basis for exemption from the requirements of § 710.25(c) if the chemical substance is ultimately designated as inactive due to withdrawal of the Notice of Activity Form A. (b) Who else may submit the Notice of Activity Form A? Any person not required to submit a Notice of Activity Form A under § 710.25(a), who manufactured (including imported) or processed a reportable chemical substance, at any time during the lookback period, may submit a Notice of Activity Form A as specified under §§ 710.29 and 710.30(a). (c) Who must submit the Notice of Activity Form B? Any person who intends to manufacture (including import) or process an inactive substance, except as provided in § 710.27, after the effective date of the Administrator's designation of such chemical substance as an inactive substance, must submit a Notice of Activity Form B as specified under §§ 710.29 and 710.30(b), unless the presence of the inactive substance on the confidential portion of the Inventory is not known to or reasonably ascertainable by the person. | ||||
| 40:40:33.0.1.1.7.2.1.3 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | B | Subpart B—Commercial Activity Notification | § 710.27 Activities for which notification is not required. | EPA | (a) In general. The following activities do not trigger notification requirements under this subpart: (1) The manufacturing or processing of a chemical substance in small quantities solely for research and development. (2) The import or processing of a chemical substance as part of an article. (3) The manufacturing or processing of a chemical substance as described in § 720.30(g) or (h). (4) The manufacturing or processing of a chemical substance solely for export from the United States as described in § 720.30(e) or § 721.3, except where the Administrator has made a finding described in TSCA section 12(a)(2). (5) The manufacturing or processing of a chemical substance solely for test marketing purposes. (b) Manufacturing or processing naturally occurring chemical substances. The following activities do not trigger notification requirements under this subpart: (1) The manufacture of a naturally occurring chemical substance, as described in § 710.4(b). Some chemical substances can be manufactured both as described in § 710.4(b) and by means other than those described in § 710.4(b). If a person manufactures a chemical substance by means other than those described in § 710.4(b), this exemption is inapplicable, regardless of whether the chemical substance also could have been produced as described in § 710.4(b). This exemption does not cover the manufacture of a chemical substance from a naturally occurring chemical substance. (2) The processing of a naturally occurring chemical substance only by manual, mechanical, or gravitational means; by dissolution in water; by flotation; or by heating solely to remove water. | ||||
| 40:40:33.0.1.1.7.2.1.4 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | B | Subpart B—Commercial Activity Notification | § 710.29 Information required in the notification. | EPA | (a) Reporting information to EPA. A person who reports information to EPA under this subpart must do so using the e-NOA software module, the CISS reporting tool, and the CDX electronic reporting portal provided by EPA at the addresses set forth in § 710.39. For notices of activity under §§ 710.25(a) and 710.25(b), the submission must include all information described in paragraph (b) of this section. For a Notice of Activity under § 710.25(c), the submission must include all information described in paragraph (c) of this section. A person must submit a separate notice for each chemical substance that the person is required to report. Using e-NOA and CISS and registering in CDX are described in instructions available from EPA at the Web sites set forth in § 710.39. (b) Information to be reported on the Notice of Activity Form A. A person submitting a Notice of Activity Form A under § 710.25(a) or § 710.25(b) must submit the information specified in § 710.29(d) for each reportable chemical substance. A person submitting information under § 710.25(a) or § 710.25(b) must report information to the extent that such information is known to or reasonably ascertainable by that person. (c) Information to be reported on a Notice of Activity Form B. Any person submitting a Notice of Activity Form B under § 710.25(c) must provide the information described in this paragraph for each inactive substance intended to be manufactured or processed. (1) Information specified in § 710.29(d). (2) The anticipated date by which the inactive substance is to be manufactured or processed in the United States. If the Notice of Activity Form B is filed prior to the effective date of the chemical substance's inactive designation, the most recent date of manufacturing or processing may be provided in lieu of an anticipated date. (d) Information to be reported on either the Notice of Activity Form A or Form B. (1) Company. The name and address of the submitting company. (2) Authorized official. The name and address of the autho… | ||||
| 40:40:33.0.1.1.7.2.1.5 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | B | Subpart B—Commercial Activity Notification | § 710.30 When to submit notifications. | EPA | (a) When must a Notice of Activity Form A be submitted? The Notice of Activity Form A required to be submitted under § 710.25(a) must be submitted during the applicable submission period. (1) Manufacturers. The submission period for manufacturers under §§ 710.25(a) and 710.25(b) begins on August 11, 2017 and ends on February 7, 2018. (2) Processors. The submission period for processors under § 710.25(b) begins on August 11, 2017 and ends on October 5, 2018. (3) Withdrawal of a Notice of Activity Form A. A Notice of Activity Form A submitted under § 710.30(a)(1) or § 710.30(a)(2) may be withdrawn by the submitter no later than October 5, 2018. If EPA receives a timely request to withdraw a previously submitted Notice of Activity Form A for a chemical substance subject to commercial activity designation, and EPA has not received a Notice of Activity Form A from another submitter for the same chemical substance, EPA will not designate the chemical substance as active. A Form A withdrawn under this paragraph will not satisfy the obligation under this rule to submit a Form A. (b) When must a Notice of Activity Form B be submitted?— (1) Manufacturers and processors. The Notice of Activity Form B required to be submitted under § 710.25(c) must be submitted before a person manufactures or processes the inactive substance, but not more than 90 days prior to the anticipated date of manufacturing or processing. (2) When else may a Notice of Activity Form B be submitted? A Notice of Activity Form B that will later be required to be submitted under § 710.25(c) may be submitted during the 90-day period between EPA's identification of a chemical substance for inactive designation and the effective date for such designation, by a person who is currently manufacturing or processing such chemical substance or who anticipates manufacturing or processing such chemical substance within 90 days following submission. (3) When may EPA execute a request to withdraw a Notice of Activity Form B? If EPA receives a reque… | ||||
| 40:40:33.0.1.1.7.2.1.6 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | B | Subpart B—Commercial Activity Notification | § 710.33 Co-manufacturers and co-processors. | EPA | (a) Notice of Activity submitted by co-manufacturers. When, in a single instance of manufacturing or importing a particular volume of a chemical substance during the lookback period, two or more persons qualify as the manufacturer or importer of that volume, they may determine among themselves who should make the required submission under § 710.25(a). If no notice is submitted as required under this subpart, EPA will hold each such person liable for failure to submit a notice. (b) Notice of Activity by prospective co-manufacturers or co-processors. If two or more persons intend to manufacture, import, or process a particular volume of an inactive substance, such that multiple persons would qualify as the manufacturer, importer, or processor of that volume, they may determine among themselves who will submit the required notice under § 710.25(c). If no notice is submitted as required under this subpart, all of the persons remain subject to the reporting requirements, and EPA will hold each such person liable for a failure to submit a notice prior to the date of manufacturing, importing, or processing. | ||||
| 40:40:33.0.1.1.7.2.1.7 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | B | Subpart B—Commercial Activity Notification | § 710.35 Recordkeeping requirements. | EPA | Each person who is subject to the notification requirements of this part must retain records that document any information reported to EPA. Records relevant to a Notice of Activity under §§ 710.25(a) and 710.25(b) must be retained for a period of 5 years beginning on the last day of the submission period. Records relevant to a Notice of Activity under § 710.25(c) must be retained for a period of 5 years beginning on the day that the notice was submitted. | ||||
| 40:40:33.0.1.1.7.2.1.8 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | B | Subpart B—Commercial Activity Notification | § 710.37 Confidentiality claims. | EPA | [82 FR 37540, Aug. 11, 2017, as amended at 85 FR 13067, Mar. 6, 2020] | (a) Chemical identity. A person submitting information under this part may request to maintain an existing claim of confidentiality for the specific chemical identity of a reportable chemical substance, but may do so only if the identity of the chemical substance is listed on the confidential portion of the Inventory as of the time the notice is submitted for that chemical substance under this part. A request to maintain an existing claim of confidentiality must be made at the time the information is submitted. If no person submitting the information specified in § 710.29(d)(4) for a particular chemical substance requests that the claim be maintained, EPA will treat the specific chemical identity of that chemical substance as not subject to a confidentiality claim and will move the chemical substance to the public portion of the Inventory. Except as set forth in this subsection, information claimed as confidential in accordance with this section will be treated and disclosed in accordance with the procedures in 40 CFR part 2, subpart B. (1) Notice of Activity Form A. A person requesting to maintain an existing claim of confidentiality for specific chemical identity may submit with the notice answers to the questions in paragraphs (c)(1) and(c)(2) of this section, signed and dated by an authorized official. If these answers are submitted less than five years before the date on which substantiation is due pursuant to TSCA section 8(b)(4)(D)(i), the answers will be deemed to be substantiations made under TSCA section (8)(b)(4)(D)(i) and the person will be exempt from further substantiation requirements under TSCA section (8)(b)(4)(D)(i). Answers that do not include the answers to all applicable questions in paragraph (c) of this section will not be deemed to be substantiations made under the TSCA section (8)(b)(4)(D)(i) requirement. (2) Notice of Activity Form B. A person requesting to maintain an existing claim of confidentiality for specific chemical identity must submit answers to the questions in paragra… | |||
| 40:40:33.0.1.1.7.2.1.9 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | B | Subpart B—Commercial Activity Notification | § 710.39 Electronic filing. | EPA | (a) EPA will accept information submitted under this subpart only if submitted in accordance with this section. All information must be submitted electronically to EPA via CDX. Prior to submission to EPA via CDX, Notices of Activity and any associated information must be generated and completed using the e-NOA software module. (b) Obtain instructions for registering in CDX as follows: (1) Web site. The CDX Registration User Guide is available at https://www.epa.gov/sites/production/files/documents/cdx__registration__guide__v0__02.pdf. To register in CDX, go to https://cdx.epa.gov and follow the appropriate links. (2) Telephone. Contact the EPA CDX Help Desk at 1-888-890-1995. (3) Email. Email the EPA CDX Help Desk at HelpDesk@epacdx.net. (c) Obtain instructions for using CISS and the e-NOA software module as follows: (1) Web site. Go to the EPA New Chemicals under the Toxic Substances Control Act Web site at https://www.epa.gov/reviewing-new-chemicalsunder-toxic-substances-control-act-tsca/how-submit-e-pmn and follow the appropriate links. (2) Telephone. Contact the EPA TSCA Hotline at 1-202-554-1404. (3) Email. Email the EPA TSCA Hotline at TSCA-Hotline@epa.gov. | ||||
| 40:40:33.0.1.1.7.3.1.1 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | C | Subpart C—Review Plan | § 710.41 Scope. | EPA | This subpart applies to the substantiation and review of claims of confidentiality asserted in Notices of Activity Form A to protect the specific chemical identities of chemical substances. | ||||
| 40:40:33.0.1.1.7.3.1.2 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | C | Subpart C—Review Plan | § 710.43 Persons subject to substantiation requirement. | EPA | (a) Who must substantiate. Any person who filed a Notice of Activity Form A requesting to maintain an existing confidentiality claim for a specific chemical identity must substantiate that confidentiality claim as specified in §§ 710.45 and 710.47 unless eligible for an exemption in paragraph (b) of this section. (b) Exemptions. (1) Any person who completed the voluntary substantiation process set forth in § 710.37(a)(1) is exempt from the substantiation requirement of this subpart pertaining to the submission of answers to the questions in § 710.45(b)(1) through (6). All remaining requirements of § 710.45 must be met in accordance with the deadline specified in § 710.47(a), including the requirement to submit answers to the questions in § 710.45(b)(7) and (8), signed and dated by an authorized official, and to complete the certification statement in § 710.37(e). (2) A person who has previously substantiated the confidentiality claim for a specific chemical identity that the person requested to maintain in a Notice of Activity Form A, by submitting information that is responsive to all questions in § 710.45, is exempt from the substantiation requirement of this subpart if both of the following conditions are met: (i) The previous substantiation was submitted to EPA on or after November 1, 2015; and (ii) The person reports to EPA the submission date, submission type, and case number, transaction ID, or equivalent identifier for the previous submission that contained the substantiation, not later than the deadline specified in § 710.47. | ||||
| 40:40:33.0.1.1.7.3.1.3 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | C | Subpart C—Review Plan | § 710.45 Contents of substantiation. | EPA | (a) The submission. A person substantiating a confidentiality claim for a specific chemical identity must submit written answers to the questions in paragraph (b) of this section, signed and dated by an authorized official, and complete the certification statement in § 710.37(e). If any of the information contained in the answers to the questions listed in paragraph (b) of this section is itself claimed as confidential, the submitter must clearly indicate such by marking that information as confidential business information. (b) Substantiation questions. (1) Will disclosure of the information claimed as confidential likely cause substantial harm to your business's competitive position? If you answered yes, describe the substantial harmful effects that would likely result to your competitive position if the information is disclosed, including but not limited to how a competitor could use such information and the causal relationship between the disclosure and the harmful effects. (2) To the extent your business has disclosed the information to others (both internally and externally), has your business taken precautions to protect the confidentiality of the disclosed information? If yes, please explain and identify the specific measures, including but not limited to internal controls, that your business has taken to protect the information claimed as confidential. (3)(i) Is any of the information claimed as confidential required to be publicly disclosed under any other Federal law? If yes, please explain. (ii) Does any of the information claimed as confidential otherwise appear in any public documents, including (but not limited to) safety data sheets; advertising or promotional material; professional or trade publications; state, local, or Federal agency files; or any other media or publications available to the general public? If yes, please explain why the information should be treated as confidential. (iii) Does any of the information claimed as confidential appear in one or more patents or patent appli… | ||||
| 40:40:33.0.1.1.7.3.1.4 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | C | Subpart C—Review Plan | § 710.47 When to submit substantiation or information on previous substantiation. | EPA | (a) All persons required to substantiate a confidentiality claim pursuant to § 710.43(a) or (b)(1) must submit their substantiation not later than November 1, 2020. (b) All persons who seek an exemption under § 710.43(b)(2) must submit the information specified in § 710.43(b)(2)(ii) not later than November 1, 2020. | ||||
| 40:40:33.0.1.1.7.3.1.5 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | C | Subpart C—Review Plan | § 710.49 Failure to report. | EPA | If neither the substantiation required under § 710.43(a) or (b)(1), nor the information specified in § 710.43(b)(2)(ii), is submitted to EPA in accordance with the provisions of this subpart, then EPA will deny the confidentiality claim in accordance with the procedures set forth in TSCA section 14(g)(2) and 40 CFR part 2, subpart B. | ||||
| 40:40:33.0.1.1.7.3.1.6 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | C | Subpart C—Review Plan | § 710.51 Electronic filing. | EPA | EPA will accept information submitted under this subpart only if submitted in accordance with § 710.39. | ||||
| 40:40:33.0.1.1.7.3.1.7 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | C | Subpart C—Review Plan | § 710.53 Recordkeeping requirements. | EPA | Each person who is subject to this part must retain records that document any information reported to EPA. Records must be retained for a period of 5 years beginning on the last day of the submission period. | ||||
| 40:40:33.0.1.1.7.3.1.8 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | C | Subpart C—Review Plan | § 710.55 Claim review, duration of protection, TSCA Inventory maintenance, posting results, and extension. | EPA | (a) Review criteria and procedures. Except as set forth in this subpart, confidentiality claims for specific chemical identities asserted in Notices of Activity Form A will be reviewed and approved or denied in accordance with the criteria and procedures in TSCA section 14 and 40 CFR part 2, subpart B. (b) Duration of protection from disclosure. Except as provided in 40 CFR part 2, subpart B, and section 14 of TSCA, a specific chemical identity that is the subject of an approved confidentiality claim under this subpart will be protected from disclosure for a period of 10 years from the date on which the confidentiality claim was first asserted by any submitter after June 22, 2016, unless, prior to the expiration of the period, the claimant notifies EPA that the person is withdrawing the confidentiality claim, in which case EPA will not protect the information from disclosure; or EPA otherwise becomes aware that the information does not qualify for protection from disclosure, in which case EPA will take the actions described in TSCA section 14(g)(2) to notify the claimant of EPA's intent to disclose the information. (c) Updating the TSCA Inventory. EPA will periodically update the TSCA Inventory based on the results of the reviews of the confidentiality claims asserted in Notices of Activity Form A. (d) Posting of annual goals and numbers of reviews completed. At the beginning of each calendar year until all reviews are completed, EPA will publish an annual goal for reviews and the number of reviews completed in the prior year on the Agency website. Determination of annual review goals will take into consideration the number of claims needing review, available resources, and a target completion date for all reviews under this subpart not later than February 19, 2024. (e) Extension. If EPA determines that the target completion date in paragraph (d) of this section cannot be met based on the number of claims needing review and the available resources, then EPA will publish a document in the Federal Re… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);