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(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 authorized official for the submitting company.
(3) Technical contact. The name and telephone number of a person who will serve as technical contact for the submitting company and who will be able to answer questions about the information submitted by the company to EPA.
(4) Chemical-specific information. The system described under §710.29(a) will provide a list of reportable chemical substances from which a person can select his or her chemical. The list will include the correct CASRN and CA Index name used to list a non-confidential chemical substance on the Inventory. For confidential substances on the Inventory, the list will include the TSCA Accession Number and generic name.
(i) If an importer submitting a notice cannot provide the information specified in §710.29(d)(4) because it is unknown to the importer and claimed as confidential by the supplier of the chemical substance or mixture, the importer must ask the supplier to provide the specific chemical identity information directly to EPA in a joint submission using the same e-NOA software module used for commercial activity reporting. Such request must refer the supplier to EPA's instructions for submitting chemical identity information electronically, using e-NOA, CISS, and CDX (see §710.39), and for clearly referencing the importer's submission. Contact information for the supplier, a trade name or other name for the chemical substance or mixture, and a copy of the request to the supplier must be included with the importer's submission.
(ii) If a manufacturer or processor submitting a notice cannot provide the information specified in §710.29(d)(4) because the reportable chemical substance is manufactured or processed using a reactant having a specific chemical identity that is unknown to the manufacturer or processor and claimed as confidential by its supplier, the manufacturer or processor must ask the supplier of the confidential reactant to provide the specific chemical identity of the confidential reactant directly to EPA in a joint submission using the same e-NOA software module used for commercial activity reporting. Such request must refer the supplier to EPA's instructions for submitting chemical identity information electronically using e-NOA, CISS, and CDX (see §710.39), and for clearly referencing the manufacturer's or processor's submission. Contact information for the supplier, a trade name or other name for the chemical substance, and a copy of the request to the supplier must be included with the manufacturer's or processor's submission with respect to the chemical substance.
(iii) Joint submissions must be submitted electronically using e-NOA, CISS, and CDX (see §710.39).
(5) Certification statements. The authorized official must certify that the submitted information has been completed in compliance with the requirements of this part as described in this paragraph.
(i) The certification must be signed and dated by the authorized official for the submitting company.
(ii) The following is required certification language for an authorized official submitting a Notice of Activity Form A under §710.25(a) or §710.25(b): “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision and the information contained therein, to the best of my knowledge, is true, accurate, and complete. I also certify that I have manufactured, imported, or processed the above chemical between the dates of June 21, 2006 and June 21, 2016. I am aware it is unlawful to knowingly submit incomplete, false and/or misleading information, and there are significant criminal penalties for such unlawful conduct, including the possibility of fine and imprisonment.”
(iii) The following is required certification language for an authorized official submitting a Notice of Activity Form B under §710.25(c): “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision and the information contained therein, to the best of my knowledge, is true, accurate, and complete. I also certify that I have intent to manufacture, import, or process the above chemical within 90 days of submission. I am aware it is unlawful to knowingly submit incomplete, false and/or misleading information, and there are significant criminal penalties for such unlawful conduct, including the possibility of fine and imprisonment.”
[82 FR 37542, Aug. 11, 2017]