ICR Attachment 5: 40 CFR 723

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Title 40: Protection of Environment
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PART 723—PREMANUFACTURE NOTIFICATION EXEMPTIONS

Section Contents

Subpart A [Reserved]
Subpart B—Specific Exemptions
§ 723.50 Chemical substances manufactured in quantities of 10,000 kilograms or less per
year, and chemical substances with low environmental releases and human exposures.
§ 723.175 Chemical substances used in or for the manufacture or processing of instant
photographic and peel-apart film articles.
§ 723.250 Polymers.

Authority: 15 U.S.C. 2604.
Subpart A [Reserved]
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Subpart B—Specific Exemptions
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§ 723.50 Chemical substances manufactured in quantities of 10,000 kilograms or less
per year, and chemical substances with low environmental releases and human
exposures.
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(a) Purpose and scope. (1) This section grants an exemption from the premanufacture notice
requirements of section 5(a)(1)(A) of the Toxic Substances Control Act (15 U.S.C. 2604(a)(1)(A)) for the
manufacture of:
(i) Chemical substances manufactured in quantities of 10,000 kilograms or less per year.

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(ii) Chemical substances with low environmental releases and human exposures.
(2) To manufacture a new chemical substance under the terms of this exemption a manufacturer must:
(i) Submit a notice of intent to manufacture 30 days before manufacture begins, as required under
paragraph (e) of this section.
(ii) Comply with all other provisions of this section.
(3) This section does not apply to microorganisms subject to part 725 of this chapter.
(b) Definitions. The following definitions apply to this subpart.
(1) Act means the Toxic Substances Control Act (15 U.S.C. 2601 et seq).
(2) Consumer means a private individual who uses a chemical substance or any product containing the
chemical substance in or around a permanent or temporary household or residence, during recreation,
or for any personal use or enjoyment.
(3) Environment has the same meaning as in section 3 of the Act (15 U.S.C. 2602).
(4) Environmental transformation product means any chemical substance resulting from the action of
environmental processes on a parent compound that changes the molecular identity of the parent
compound.
(5) Metabolite means a chemical entity produced by one or more enzymatic or nonenzymatic reactions
as a result of exposure of an organism to a chemical substance.
(6) Serious acute effects means human disease processes or other adverse effects that have short
latency periods for development, result from short-term exposure, or are a combination of these factors
and that are likely to result in death, severe or prolonged incapacitation, disfigurement, or severe or
prolonged loss of the ability to use a normal bodily or intellectual function with a consequent impairment
of normal activities.
(7) Serious chronic effects means human disease processes or other adverse effects that have long
latency periods for development, result from long-term exposure, are long-term illnesses, or are a
combination of these factors and that are likely to result in death, severe or prolonged incapacitation,
disfigurement, or severe or prolonged loss of the ability to use a normal bodily or intellectual function
with a consequent impairment of normal activities.
(8) Significant environmental effects means:
(i) Any irreversible damage to biological, commercial, or agricultural resources of importance to society;
(ii) Any reversible damage to biological, commercial, or agricultural resources of importance to society if
the damage persists beyond a single generation of the damaged resource or beyond a single year; or
(iii) Any known or reasonably anticipated loss of members of an endangered or threatened species.
Endangered or threatened species are those species identified as such by the Secretary of the Interior in
accordance with the Endangered Species Act, as amended (16 U.S.C. 1531).
(9) Site means a contiguous property unit. Property divided only by a public right-of-way is one site.
There may be more than one manufacturing plant on a single site.
(10) The terms byproduct, EPA, importer, impurity, known to or reasonably ascertainable, manufacture,
manufacturer, new chemical substance, person, possession or control, and test data have the same
meanings as in §720.3 of this chapter.
(c) Exemption categories. Except as provided in paragraph (d) of this section, this exemption applies to:
(1) Any manufacturer of a new chemical substance manufactured in quantities of 10,000 kilograms or

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less per year under the terms of this exemption.
(2) Any manufacturer of a new chemical substance satisfying all of the following low environmental
release and low human exposure eligibility criteria:
(i) Consumers and the general population. For exposure of consumers and the general population to the
new chemical substance during all manufacturing, processing, distribution in commerce, use, and
disposal of the substance:
(A) No dermal exposure.
(B) No inhalation exposure (except as described in paragraph (c)(2)(iv) of this section.
(C) Exposure in drinking water no greater than a 1 milligram per year (estimated average dosage
resulting from drinking water exposure in streams from the maximum allowable concentration level from
ambient surface water releases established under paragraph (c)(2)(iii) of this section or a higher
concentration authorized by EPA under paragraph (c)(2)(iii) of this section).
(ii) Workers. For exposure of workers to the new chemical substance during all manufacturing,
processing, distribution in commerce, use and disposal of the substance:
(A) No dermal exposure (this criterion is met if adequate dermal exposure controls are used in
accordance with applicable EPA guidance).
(B) No inhalation exposure (this criterion is considered to be met if adequate inhalation exposure
controls are used in accordance with applicable EPA guidance).
(iii) Ambient surface water. For ambient surface water releases, no releases resulting in surface water
concentrations above 1 part per billion, calculated using the methods prescribed in §§721.90 and
721.91, unless EPA has approved a higher surface water concentration supported by relevant and
scientifically valid data submitted to EPA in a notice under paragraph (e) of this section on the substance
or a close structural analogue of the substance which demonstrates that the new substance will not
present an unreasonable risk of injury to aquatic species or human health at the higher concentration.
(iv) Incineration. For ambient air releases from incineration, no releases of the new chemical substance
above 1 microgram per cubic meter maximum annual average concentration, calculated using the
formula:

(kg/day of release after treatment) multiplied by (number of release days per year) multiplied
by (9.68 × 10−6) micrograms per cubic meter.
(v) Land or groundwater. For releases to land or groundwater, no releases to groundwater, to land, or to
a landfill unless the manufacturer has demonstrated to EPA's satisfaction in a notice under paragraph
(e) of this section that the new substance has negligible groundwater migration potential.
(d) Chemical substances that cannot be manufactured under this exemption. A new chemical substance
cannot be manufactured under this section, notwithstanding satisfaction of the criterion of paragraphs (c)
(1) or (c)(2) of this section, if EPA determines, in accordance with paragraph (g) of this section, that the
substance, any reasonably anticipated metabolites, environmental transformation products, or
byproducts of the substance, or any reasonably anticipated impurities in the substance may cause,
under anticipated conditions of manufacture, processing, distribution in commerce, use, or disposal of
the new chemical substance:
(1) Serious acute (lethal or sublethal) effects.
(2) Serious chronic (including carcinogenic and teratogenic) effects.
(3) Significant environmental effects.
(e) Exemption notice. (1) A manufacturer applying for an exemption under either paragraph (c)(1) or (c)
(2) of this section must submit an exemption notice to the EPA at least 30 days before manufacture of
the new chemical substance begins. The notice must be sent in writing to: TSCA Document Control

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Officer, Document Control Office (DCO) (7407M), Office of Pollution Prevention and Toxics (OPPT),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001. The
date of submission will be the date on which the notice is received by the TSCA Document Control
Officer. EPA will acknowledge the receipt of the notice by letter. The letter will identify the date on which
the review period begins. The notice shall be submitted using EPA Form No. 7710–25 (“the PMN form”),
which may be obtained from the Environmental Assistance Division (7408M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone number: (202) 554–1404; e-mail address: [email protected] .
(2) The notice shall contain the information described below, pursuant to the referenced provisions of
§720.45.
(i) Manufacturer identity.
(ii) Chemical identity (§720.45(a)).
(iii) Impurities (§720.45(b)).
(iv) Known synonyms or trade names (§720.45(c)).
(v) Byproducts (§720.45(d)).
(vi) Production volume (§720.45(e)). (A) Manufacturers submitting an exemption application under
paragraph (c)(1) of this section will be assumed to be manufacturing at an annual production volume of
10,000 kilograms. Manufacturers who intend to manufacture an exempted substance at annual volumes
of less than 10,000 kilograms and wish EPA to conduct its risk assessment based upon such lesser
annual production level rather than a 10,000–kilograms level, may so specify by writing the lesser
annual production volume in the appropriate box on the PMN form and marking the adjacent binding
option box. Manufacturers who opt to specify annual production levels below 10,000 kilograms and who
mark the production volume binding option box shall not manufacture more than the specific annual
amount of the exempted substance unless a new exemption notice for a higher (up to 10,000 kgs)
manufacturing volume is submitted and approved pursuant to this section.
(B) Manufacturers submitting an exemption under paragraph (c)(2) of this section shall list the estimated
maximum amount to be manufactured during the first year of production and the estimated maximum
amount to be manufactured during any 12–month period during the first 3 years of production.
(vii) Description of intended categories of use (§720.45(f)).
(viii) For manufacturer-controlled sites, the manufacturer shall supply identity of manufacturing sites,
process descriptions, and worker exposure and environmental release information (§720.45(g)); for sites
not controlled by the manufacturer, processing and use operation descriptions, estimated number of
processing and use sites, and worker exposure/environmental release information (§720.45(h)). A
manufacturer applying for an exemption under paragraph (c)(1) of this section need not provide
information on worker exposure and environmental release referenced in paragraphs (e)(2)(viii) of this
section if such information is not known or not readily available to the manufacturer. To assist in
reporting this information, manufacturers may obtain a copy of EPA's Guidance for Reporting
Occupational Exposure and Environmental Release Information under 40 CFR 723.50, available from
the Environmental Assistance Division at the address listed in paragraph (e)(1) of this section. Where
worker exposure and environmental release information is not supplied by the manufacturer, EPA will
generally apply “bounding estimates” (i.e., exposure estimates higher than those incurred by persons in
the population with the highest exposure) to account for uncertainties in actual exposure and release
scenarios.
(ix) Type and category of notice. The manufacturer must clearly indicate on the first page of the PMN
form that the submission is a “TSCA section 5(h)(4) exemption notice,” and must indicate whether the
notice is being submitted under paragraph (c)(1) or (c)(2) of this section. Manufacturers of chemical
substances that qualify for an exemption under both paragraph (c)(1) and (c)(2) of this section may
apply for either exemption, but not both.
(x) Test data (§720.50).
(xi) Certification. In addition to the certifications required in EPA form 7710–25, the following

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certifications shall be included in notices under this section. The manufacturer must certify that:
(A) The manufacturer intends to manufacture or import the new chemical substance for commercial
purposes, other than in small quantities solely for research and development, under the terms of this
section.
(B) The manufacturer is familiar with the terms of this section and will comply with those terms.
(C) The new chemical substance for which the notice is submitted meets all applicable exemption
conditions.
(D) For substances manufactured under paragraph (c)(1) of this section, the manufacturer intends to
commence manufacture of the exempted substance for commercial purposes within 1 year of the date of
the expiration of the 30–day review period.
(xii) Sanitized copy of notice. (A) The manufacturer must make all claims of confidentiality in accordance
with paragraph (l) of this section. If any information is claimed confidential, the manufacturer must submit
a second copy of the notice, with all information claimed as confidential deleted, in accordance with
paragraph (l)(3) of this section.
(B) If the manufacturer does not provide the second copy, the submission will be considered incomplete.
(3) Incomplete notices. If EPA receives a submission which does not include all of the information
required under this paragraph (e) of this section, the submission will be determined to be incomplete by
EPA. When a submission for a new chemical substance has been determined to be incomplete, a
manufacturer reapplying for an exemption for the new chemical substance must submit a new
exemption notice containing all the information required under this paragraph (e) of this section including
a certification page containing an original dated signature; partial submissions sent to EPA to
supplement notices declared incomplete will not be accepted. Photocopied pages from previously
submitted exemption forms will be accepted provided that the certifications page contains an original
dated signature.
(f) Multiple exemption holders. (1) A manufacturer who intends to manufacture a substance for which an
exemption under this section was previously approved may apply for an exemption under paragraph (c)
(1) or (c)(2) of this section; however, EPA will not approve any subsequent exemption application under
paragraph (c)(1) of this section unless it can determine that the potential human exposure to, and
environmental release of, the new chemical substance at the higher aggregate production volume will
not present an unreasonable risk of injury to human health or the environment.
(2)(i) If EPA proposes to deny an exemption application for a substance for which another manufacturer
currently holds an exemption, and that proposed denial is based exclusively on the cumulative human
exposure or environmental release of the substance which precludes the EPA from determining that the
subsequent applicant's activities will not present an unreasonable risk of injury to human health or the
environment, the EPA will notify the first exemption holder that it must, within 21 days of its receipt of
EPA's notice, either:
(A) Provide a new certification that it has commenced, or that it will commence, manufacture of the new
chemical substance under this section within 1 year of the expiration of its exemption review period; or
(B) Withdraw its exemption for the new chemical substance.
(ii) If the first exemption holder does not respond to the EPA's notice under paragraph (f)(2)(i) of this
section within the prescribed time period, EPA shall issue a notice of ineligibility to the first exemption
holder under the provisions of paragraph (h)(2) of this section.
(g) Review period. (1) EPA will review the notice submitted under paragraph (e) of this section to
determine whether manufacture of the new chemical substance is eligible for the exemption. The review
period will end 30 days after receipt of the notice by the TSCA Document Control Officer. To provide
additional time to address any unresolved issues concerning an exemption application, the exemption
applicant may, at any time during the review period, request a suspension of the review period pursuant
to the provisions of §720.75(b) of this chapter.
(2) Upon expiration of the 30–day review period, if EPA has taken no action, the manufacturer may

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consider its exemption approved and begin to manufacture the new chemical substance under the terms
described in its notice and in this section.
(h) Notice of ineligibility —(1) During the review period. If the EPA determines during the review period
that manufacture of the new chemical substance does not meet the terms of this section or that there
are issues concerning toxicity or exposure that require further review which cannot be accomplished
within the 30–day review period, EPA will notify the manufacturer by telephone that the substance is not
eligible. This telephone notification will subsequently be confirmed by certified letter that identifies the
reasons for the ineligibility determination. The manufacturer may not begin manufacture of the new
chemical substance without complying with section 5(a)(1) of the Act or submitting a new notice under
paragraph (e) of this section that satisfies EPA's concerns.
(2) After the review period. (i)(A) If at any time after the review period specified in paragraph (g) of this
section the Assistant Administrator for the Office of Prevention, Pesticides, and Toxic Substances (“the
Assistant Administrator”) makes a preliminary determination that manufacture of the new chemical
substance does not meet the terms of this section, the Assistant Administrator will notify the
manufacturer by certified letter that EPA believes that the new chemical substance does not meet the
terms of the section.
(B) The manufacturer may continue to manufacture, process, distribute in commerce, and use the
substance after receiving the notice under paragraph (h)(2)(i)(A) of this section if the manufacturer was
manufacturing, processing, distributing in commerce, or using the substance at the time of the
notification and if the manufacturer submits objections or an explanation under paragraph (h)(2)(ii) of this
section. Manufacturers not manufacturing, processing, distributing in commerce, or using the substance
at the time of the notification may not begin manufacture until EPA makes its final determination under
paragraph (h)(2)(iii) of this section.
(ii) A manufacturer who has received notice under paragraph (h)(2)(i)(A) of this section may submit,
within 15 days of receipt of written notification, detailed objections to the determination or an explanation
of its diligence and good faith efforts in attempting to comply with the terms of this section.
(iii) The Assistant Administrator will consider any objections or explanation submitted under paragraph
(h)(2)(ii) of this section and will make a final determination. The Assistant Administrator will notify the
manufacturer of the final determination by telephone within 15 days of receipt of the objections or
explanation, and subsequently by certified letter.
(iv) If the Assistant Administrator determines that manufacture of the new chemical substance meets the
terms of this section, the manufacturer may continue or resume manufacture, processing, distribution in
commerce, and use in accordance with the terms of this section.
(v) If the Assistant Administrator determines that manufacture of the new chemical substance does not
meet the terms of this section and that the manufacturer did not act with due diligence and in good faith
to meet the terms of this section, the manufacturer must cease any continuing manufacture, processing,
distribution in commerce, and use of the new chemical substance within 7 days of the written notification
under paragraph (h)(2)(iii) of this section. The manufacturer may not resume manufacture, processing,
distribution in commerce, and use of the new chemical substance until it submits a notice under section
5(a)(1) of the Act and part 720 of this chapter and the notice review period has ended.
(vi) If the Assistant Administrator determines that manufacture of the new chemical substance does not
meet the terms of this section and that the manufacturer acted with due diligence and in good faith to
meet the terms of this section, the manufacturer may continue manufacture, processing, distribution in
commerce, and use of the new chemical substance if:
(A) It was actually manufacturing, processing, distributing in commerce, or using the chemical substance
at the time it received the notification specified in paragraph (h)(2)(i)(A) of this section.
(B) It submits a notice on the new chemical substance under section 5(a)(1) of the Act and part 720 of
this chapter within 15 days of receipt of the written notification under paragraph (h)(2)(iii) of this section.
Such manufacture, processing, distribution in commerce, and use may continue unless EPA takes
action under section 5(e) or 5(f) of the Act.
(3) Action under this paragraph does not preclude action under sections 7, 15, 16, or 17 of the Act.
(i) Additional information. If the manufacturer of a new chemical substance under the terms of this

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exemption obtains test data or other information indicating that the new chemical substance may not
qualify under terms of this section, the manufacturer must submit these data or information to EPA within
15 working days of receipt of the information. If, during the notice review period specified in paragraph
(g) of this section, the submitter obtains possession, control, or knowledge of new information that
materially adds to, changes, or otherwise makes significantly more complete the information included in
the notice, the submitter must send that information to the address listed on the notice form within 10
days of receiving the new information, but no later than 5 days before the end of the notice review
period. The new submission must clearly identify the submitter and the exemption notice to which the
new information is related. If the new information becomes available during the last 5 days of the notice
review period, the submitter must immediately inform its EPA contact for that notice by telephone.
(j) Changes in manufacturing site, use, human exposure and environmental release controls, and certain
manufacturing volumes. (1) Except as provided in paragraph (j)(6) of this section, chemical substances
manufactured under this section must be manufactured at the site or sites described, for the uses
described, and under the human exposure and environmental release controls described in the
exemption notice under paragraph (e) of this section.
(2) Where the manufacturer lists a specific physical form in which the new chemical substance will be
manufactured, processed, and/or used, the manufacturer must continue manufacturing, processing,
and/or using the new chemical substance in either the same physical form described in the notice under
paragraph (e), or in a physical form which will not increase the human exposure to or environmental
release of the new chemical substance over those exposures or releases resulting from the specified
physical form (e.g., a manufacturer which specifies that the new chemical substance will be produced in
a non-volatile liquid form generally may not change to a respirable powder form).
(3) The annual production volume of chemical substances manufactured under paragraph (c)(1) of this
section for which the manufacturer designated a binding annual production volume pursuant to
paragraph (e)(2)(vi) of this section must not exceed that designated volume.
(4) Any person who manufactures a new chemical substance under paragraph (c)(1) or (c)(2) of this
section must comply with the provisions of this section, including submission of a new notice under
paragraph (e) of this section, before:
(i) Manufacturing the new chemical substance at a site that was not approved in a previous exemption
notice for the substance, except as provided in paragraph (j)(6) of this section.
(ii) Manufacturing the new chemical substance for a use that was not approved in a previous exemption
notice for the substance.
(iii) Manufacturing the new chemical substance without employing the human exposure and
environmental release controls approved in a previous exemption notice for the substance.
(iv) Manufacturing the new chemical substance in a physical form different than that physical form
approved in a previous exemption notice for the substance and which form may increase the human
exposure to, or environmental release of, the new chemical substance over those exposures or releases
resulting from the physical form approved in the previous notice.
(v) Manufacturing the chemical substance in annual production volumes above any volume designated
by the manufacturer as binding under paragraph (e)(2)(vi) of this section in a previous exemption notice
for the substance.
(5) In an exemption notice informing EPA of a change in site, use, or worker protection, or environmental
release controls, the manufacturer is not required to provide all of the same information submitted to
EPA in a previous exemption notice for that chemical substance. The new exemption notice, however,
must indicate the identity of the new chemical substance; the manufacturer's name; the name and
telephone number of a technical contact; and location of the new site, new worker protection or
environmental release controls, and new use information. The notice must also include the EPAdesignated exemption number assigned to the previous notice and a new certification by the
manufacturer, as described in paragraph (e)(2)(xi) of this section.
(6)(i) A manufacturer may, without submitting a new notice, manufacture the new chemical substance at
a site not listed in its exemption application under the following conditions:
(A) the magnitude, frequency, and duration of exposure of individual workers to the new chemical

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substance at the new manufacturing site is equal to, or less than, the magnitude, frequency, and
duration of exposure of the individual workers to the new chemical substance at the manufacturing site
for which the EPA performed its original risk-assessment pursuant to the original exemption notice; and
(B) Either ( 1 ) at the new manufacturing site, the manufacturer does not release to surface waters any
of the new chemical substance, or any waste streams containing the new chemical substance; or ( 2 ) at
the new manufacturing site, the manufacturer maintains surface water concentrations of the chemical
substance, resulting from direct or indirect discharges from the manufacturing site, at or below 1 part per
billion, or at or below an alternative concentration level approved by the Agency in writing or under the
procedures described in paragraph (c)(2)(iii) of this section, using the water concentration calculation
method described at §§721.90 and 721.91.
(ii) The manufacturer shall notify EPA of any new manufacturing site no later than 30 days after the
commencement of manufacture of the new chemical substance under the exemption at the new
manufacturing site as follows:
(A) The notification must contain the EPA-designated exemption number to which the notification
applies, manufacturer identity, the street address of the new manufacturing site, the date on which
manufacture commenced at the new site, the name and telephone number of a technical contact at the
new site, any claim of confidentiality, and a statement that the notification is an amendment to the
original exemption application under the terms of this section.
(B) The notification may be submitted on EPA form 7710–56 “Notice of Commencement of
Manufacture;” however, the manufacturer must add the statement required under paragraph (j)(6)(ii)(A)
of this section that the notification is an amendment to the original exemption.
(C) The notification must contain an original signature of an authorized official of the manufacturer.
(k) Customer notification. (1) Manufacturers of new chemical substances described in paragraphs (c)(1)
and (c)(2) of this section must notify processors and industrial users that the substance can be used only
for the uses specified in the exemption notice at paragraph (e) of this section. The manufacturer must
also inform processors and industrial users of any controls specified in the exemption notice. The
manufacturer may notify processors and industrial users by means of a container labeling system,
written notification, or any other method that adequately informs them of use restrictions or controls.
(2) A manufacturer of a new chemical substance described in paragraph (c)(2) of this section may
distribute the chemical substance only to other persons who agree in writing to not further distribute the
substance until it has been reacted, incorporated into an article, or otherwise rendered into a physical
form or state in which environmental releases and human exposures above the eligibility criteria in
paragraph (c)(2) of this section are not likely to occur.
(3) If the manufacturer learns that a direct or indirect customer is processing or using the new substance
in violation of use restrictions or without imposing prescribed worker protection or environmental release
controls, the manufacturer must cease distribution of the substance to the customer or the customer's
supplier immediately unless the manufacturer is able to document each of the following:
(i) That the manufacturer has, within 5 working days, notified the customer in writing that the customer
has failed to comply with the conditions specified in this section and the exemption notice under
paragraph (e) of this section.
(ii) That, within 15 working days of notifying the customer of the noncompliance, the manufacturer
received from the customer, in writing, a statement of assurance that the customer is aware of the terms
of this section and the exemption notice and will comply with those terms.
(4) If, after receiving a statement of assurance from a customer under paragraph (k)(3)(ii) of this section,
the manufacturer obtains knowledge that the customer has again failed to comply with any of the
conditions specified in this section or the exemption notice, the manufacturer shall cease supplying the
new chemical substance to that customer and shall report the failure to comply to EPA within 15 days of
obtaining this knowledge. Within 30 days of its receipt of the report, EPA will notify the manufacturer
whether, and under what conditions, distribution of the chemical substance to the customer may resume.
(l) Confidentiality. (1) If the manufacturer submits information to EPA under this section which the
manufacturer claims to be confidential business information, the manufacturer must clearly identify the
information at the time of submission to EPA by bracketing, circling, or underlining it and stamping it with

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“CONFIDENTIAL” or some other appropriate designation. Any information so identified will be treated in
accordance with the procedures in part 2 of this chapter. Any information not claimed confidential at the
time of submission may be made available to the public without further notice.
(2)(i) Any person who asserts a claim of confidentiality for chemical identity under this paragraph (l) must
provide a generic chemical name that is only as generic as necessary to protect the confidential
chemical identity of the particular chemical substance. The name should reveal the specific chemical
identity to the maximum extent possible.
(ii) The generic name provided by the manufacturer will be subject to EPA review and approval in
accordance with the procedures specified in §720.85(b)(6) of this chapter. The generic name provided
by the submitter or an alternative selected by EPA under these procedures will be placed on a public list
of substances exempt under this section.
(3) If any information is claimed confidential, the manufacturer must submit a second copy of the notice
with all information claimed as confidential deleted. EPA will place the second copy in the public file.
(m) Exemptions granted under superseded regulations. Manufacturers holding exemptions granted
under the superseded requirements of this section (as in effect on May 26, 1995) shall either continue to
comply with those requirements (including the production volume limit) or apply for a new exemption
pursuant to this section. EPA will not accept requests to amend exemptions granted under the
superseded requirements; manufacturers wishing to amend such exemptions must submit a new
exemption under paragraph (e) of this section. If a new exemption for a new chemical substance is
granted under this exemption to the manufacturer holding an exemption under the superseded
requirements, the exemption under the superseded requirements for such substance shall be void.
(n) Recordkeeping. (1) A manufacturer of a new chemical substance under paragraph (c) of this section
must maintain the records described in this paragraph at the manufacturing site or site of importation for
a period of 5 years after their preparation.
(2) The records must include the following to demonstrate compliance with this section:
(i) Records of annual production volume and import volume.
(ii) Records documenting compliance with the applicable requirements and restrictions of paragraphs
(c), (e), (f), (h), (i), (j), and (k) of this section.
(3) Any person who manufactures a new chemical substance under the terms of this section must, upon
request of a duly designated representative of EPA, permit such person at all reasonable times to have
access to and to copy records kept under paragraph (n)(2) of this section.
(4) The manufacturer must submit the records listed in paragraph (n)(2) of this section to EPA upon
request. Manufacturers must provide these records within 15 working days of receipt of such request.
(o) Compliance. (1) Failure to comply with any provision of this section is a violation of section 15 of the
Act (15 U.S.C. 2614).
(2) Submitting materially misleading or false information in connection with the requirements of any
provision of this section is a violation of this section and therefore a violation of section 15 of the Act (15
U.S.C. 2614).
(3) Violators may be subject to the civil and criminal penalties in section 16 of the Act (15 U.S.C. 2615)
for each violation.
(4) EPA may seek to enjoin the manufacture or processing of a chemical substance in violation of this
section, or act to seize any chemical substance manufactured or processed in violation of this section, or
take other action under the authority of section 7 of the Act (15 U.S.C. 2606) or section 17 of the Act (15
U.S.C. 1616).
[60 FR 16346, Mar. 29, 1995, as amended at 60 FR 34465, July 3, 1995; 62 FR 17932, April 11, 1997;
64 FR 31989, June 15, 1999; 71 FR 33642, June 12, 2006]

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§ 723.175 Chemical substances used in or for the manufacture or processing of
instant photographic and peel-apart film articles.
top
(a) Purpose and scope. (1) This section grants an exemption from the premanufacture notice
requirements of section 5(a)(1)(A) of the Toxic Substances Control Act (15 U.S.C. 2604(a)(1)(A)) for the
manufacture and processing of new chemical substances used in or for the manufacture or processing
of instant photographic and peel-apart film articles. This section does not apply to microorganisms
subject to part 725 of this chapter.
(2) To manufacture a new chemical substance under the terms of this exemption, a manufacturer of
instant photographic or peel-apart film articles must:
(i) Submit an exemption notice when manufacture begins under paragraph (i) of this section.
(ii) Comply with certain requirements to limit exposure to the new chemical substance under paragraphs
(e), (f), (g), and (h) of this section.
(iii) Comply with all recordkeeping requirements under paragraph (j) of this section.
(b) Definitions. (1) Act means the Toxic Substances Control Act (15 U.S.C. 2601 et seq. ).
(2) An article is a manufactured item (i) which is formed to a specific shape or design during
manufacture, (ii) which has end use function(s) dependent in whole or in part upon its shape or design
during end use, and (iii) 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 §710.2 of this chapter except that fluids and particles are not considered
articles regardless of shape or design.
(3) The terms byproduct, EPA, impurities, person, and site have the same meanings as in §710.3 of this
chapter.
(4) The term category of chemical substances has the same meaning as in section 26(c)(2) of the Act
(15 U.S.C. 2625).
(5) The terms chemical substance, distribute in commerce, distribution in commerce, environment,
manufacture, new chemical substance, and process have the same meanings as in section 3 of the Act
(15 U.S.C. 2602).
(6) Director of the Office of Pollution Prevention and Toxics means the Director of the EPA Office of
Pollution Prevention and Toxics or any EPA employee designated by the Office Director to carry out the
Office Director's functions under this section.
(7) The term exemption category means a category of chemical substances for which a person(s) has
applied for or been granted an exemption under section 5(h)(4) of the Act (15 U.S.C. 2604).
(8) The term instant photographic film article means a self-developing photographic film article designed
so that all the chemical substances contained in the article, including the chemical substances required
to process the film, remain sealed during distribution and use.
(9) Intermediate means any chemical substance which is consumed in whole or in part in a chemical
reaction(s) used for the intentional manufacture of another chemical substance.
(10) Known to or reasonably ascertainable means all information in a person's possession or control,
plus all information that a reasonable person similarly situated might be expected to possess, control, or
know, our could obtain without unreasonable burden or cost.
(11) The term peel-apart film article means a self-developing photographic film article consisting of a
positive image receiving sheet, a light sensitive negative sheet, and a sealed reagent pod containing a
developer reagent and designed so that all the chemical substances required to develop or process the

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film will not remain sealed within the article during and after the development of the film.
(12) Photographic article means any article which will become a component of an instant photographic
or peel-apart film article.
(13) Special production area means a demarcated area within which all manufacturing, processing, and
use of a new chemical substance takes place, except as provided in paragraph (f) of this section, in
accordance with the requirements of paragraph (e) of this section.
(14) Test data means:
(i) Data from a formal or informal study, test, experiment, recorded observation, monitoring, or
measurement.
(ii) Information concerning the objectives, experimental methods and materials, protocols, results, data
analyses (including risk assessments), and conclusions from a study, test, experiment, recorded
observation, monitoring, or measurement.
(15) Used in or for the manufacturing or processing of an instant photographic or peel-apart film article,
when used to describe activities involving a new chemical substance, means the new chemical
substance (i) is included in the article, or (ii) is an intermediate to a chemical substance included in the
article or is one of a series of intermediates used to manufacture a chemical substance included in the
article.
(16) Wet mixture means a water or organic solvent-based suspension, solution, dispersion, or emulsion
used in the manufacture of an instant photographic or peel-apart film article.
(c) Exemption category. The exemption category includes new chemical substances used in or for the
manufacture or processing of instant photographic or peel-apart film articles which are manufactured
and processed under the terms of this section.
(d) Applicability. This exemption applies only to manufacturers of instant photographic or peel-apart film
articles who:
(1) Manufacture the new chemical substances used in or for the manufacture or processing of the
instant photographic or peel-apart film articles.
(2) Limit manufacture and processing of a new chemical substance to the site(s) listed in the exemption
notice for that new chemical substance submitted under paragraph (i) of this section.
(3) Comply with the requirements of paragraphs (e), (f), (g), (h), and (j) of this section.
(4) Do not distribute in commerce or use a peel-apart film article containing a new chemical substance
until submission of a premanufacture notice under section 5(a)(1)(A) of the Act (15 U.S.C. 2604) and
until the review period for the notice has ended without EPA action to prevent distribution or use.
(e) Conditions of manufacture and processing in the special production area. All manufacturing,
processing, and use operations involving the new chemical substance must be performed in a special
production area under the conditions set forth in this paragraph until the new chemical substance has
been incorporated into a wet mixture, photographic article, or instant photographic or peel-apart film
article.
(1) Exposure limits. In the special production area, the ambient air concentration of the new chemical
substance during manufacture, processing, and use cannot exceed an 8-hour time weighted average
(TWA) of 10 ppm for gases and vapors and 50 µg/m3 for particulates, with an allowable TWA excursion
of 50 percent above those concentrations for a duration of 30 minutes or less.
(2) Respiratory protection —(i) Respirator requirement. Except as specified in paragraph (e)(2)(ii) of this
section, each person in the special production area must wear an appropriate respiratory protection
device to protect against dusts, fumes, vapors, and other airborne contaminants, as described in 29
CFR 1910.134. Selection of an appropriate respirator must be made according to the guidance of
American National Standard Practices for Respiratory Protection Z88.2–1969 and the NIOSH Certified

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Equipment List, U.S. Department of Health and Human Services, NIOSH publication No. 80–144.
(ii) Waiver of respirator requirement. Employees are not required to wear respirators if monitoring
information collected and analyzed in accordance with paragraph (e)(3) of this section demonstrates that
the ambient 8-hour TWA concentration of the new chemical substance in the area is less than 1 ppm for
gases and vapors and 5 µg/m3 for particulates with an allowable TWA excursion of 50 percent above
these concentrations for a duration of 30 minutes or less.
(iii) Quantitative fit test. Each respirator must be issued to a specific individual for personal use. A
quantitative fit test must be performed for each respirator before its first use by that person in a special
production area.
(3) Monitoring —(i) When to monitor. (A) When suitable sampling and analytic methods exist, periodic
monitoring in accordance with this paragraph must be done to ensure compliance with the exposure
limits of paragraphs (e)(1) and (2)(ii) of this section.
(B) When suitable sampling and analytic methods do not exist, compliance with the exposure limits of
paragraph (e)(1) and the requirements of paragraph (e)(10) of this section must be determined by an
evaluation of monitoring data developed for a surrogate chemical substance possessing comparable
physical-chemical properties under similar manufacturing and processing conditions.
(ii) Monitoring methods. A suitable air sampling method must permit personal or fixed location sampling
by conventional collection methods. A suitable analytic method must have adequate sensitivity for the
volume of sample available and be specific for the new chemical substance being monitored. If
chemical-specific monitoring methods are not available, nonspecific methods may be used if the
concentration of the new chemical substance is assumed to be the total concentration of chemical
substances monitored.
(iii) Monitoring frequency. (A) When suitable air sampling and analytical procedures are available,
monitoring must be done in each special production area during the first three 8-hour work shifts
involving the manufacture or processing of each new chemical substance. Thereafter, monitoring must
be done in each special production area for at least one 8-hour period per month, during a production
run in which the new chemical substance is manufactured or processed. Samples must be of such
frequency and pattern as to represent with reasonable accuracy the mean level and maximum 30minute level of employee exposure during an 8-hour work shift. In monitoring for an 8-hour work shift or
the equivalent, samples must be collected periodically or continuously for the duration of the 8-hour work
shift. Samples must be taken during a period which is likely to represent the maximum employee
exposure.
(B) If the manufacturer demonstrates compliance with the exposure limits for 3 consecutive months,
further monitoring of the identical process must be performed only every 6 months thereafter, unless
there is a significant change in the process, process design, or equipment. If there is such a change, the
manufacturer must begin monitoring again according to the schedule in paragraph (e)(3)(iii)(A) of this
section.
(iv) Location of monitoring. Air samples must be taken so as to ensure that the samples adequately
represent the ambient air concentration of a new chemical substance present in each worker's breathing
zone.
(4) Engineering controls and exposure safeguards. Engineering controls such as, but not limited to,
isolation, enclosure, local exhaust ventilation, and dust collection must be used to ensure compliance
with the exposure limits prescribed in paragraphs (e)(1) or (e)(2)(ii) of this section.
(5) Training, hygiene, and work practices —(i) Training. No employee may enter a special production
area before the completion of a training program. The training program must be adapted to the individual
circumstances of the manufacturer and must address: The known physical-chemical and toxicological
properties of the chemical substances handled in the area; procedures for using and maintaining
respirators and other personal safeguards; applicable principles of hygiene; special handling procedures
designed to limit personal exposure to, and inadvertent release of, chemical substances; and
procedures for responding to emergencies or spills.
(ii) Hygiene. Appropriate standards of hygiene must be observed by all employees handling a new
chemical substance in manufacturing, processing, or transfer operations. The manufacturer must
provide appropriate facilities for employee changing and wash-up. Food, beverages, tobacco products,

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and cosmetics must not be allowed in special production areas.
(iii) Work practices. Operating procedures such as those related to chemical weighing and filtering, or
the charging, discharging and clean-up of process equipment, must be designed and conducted to
ensure compliance with the exposure limits prescribed in paragraph (e)(1) or (e)(2)(ii) of this section.
Written procedures and all materials necessary for responding to emergency situations must be
immediately accessible to all employees in a special production area. Any spill or unanticipated emission
must be controlled by specially trained personnel using the equipment and protective clothing described
in paragraph (e)(6) of this section.
(6) Personal protection devices. All workers engaged in the manufacture and processing of a new
chemical substance in the special production area must wear suitable protective clothing or equipment,
such as chemical-resistant coveralls, protective eyewear, and gloves.
(7) Caution signs. Each special production area must be clearly posted with signs identifying the area as
a special production area where new chemical substances are manufactured and processed under
controlled conditions. Each sign must clearly restrict entry into the special production area to qualified
personnel who are properly trained and equipped with appropriate personal exposure safeguards.
(8) Removal for storage or transportation. A new chemical substance that is not incorporated into a wet
mixture, photographic article, or instant photographic or peel-apart film article may be removed from the
special production area for purposes of storage between operational steps or for purposes of
transportation to another special production area. Such storage or transportation must be conducted in a
manner that limits worker and environmental exposure through the use of engineering controls, training,
hygiene, work practices, and personal protective devices appropriate to the chemical substance in
question.
(9) Labeling. (i) Any new chemical substance removed from a special production area or stored or
transported between operational steps must be clearly labeled. The label must show the identity of the
new chemical substance or an appropriate identification code, a statement of any known hazards
associated with it, a list of special handling instructions, first aid information, spill control directions, and
where applicable, the appropriate U.S. Department of Transportation notations.
(ii) No label is required if the new chemical substance has been incorporated into a photographic article,
or if it is contained in a sealed reaction vessel or pipeline, or if it has been incorporated into an instant
photographic or peel-apart film article.
(10) Areas immediately adjacent to the special production area. The ambient air concentration of the
new chemical substance in areas immediately adjacent to the special production area must not exceed
the exposure limit established in paragraph (e)(2)(ii) of this section for waiver of respirator protection
within the special production area. Periodic monitoring in accordance with paragraph (e)(3) of this
section must be performed in immediately adjacent areas where it is reasonable to expect a risk of
inhalation exposure.
(f) Conditions of processing outside the special production area. A wet mixture may be incorporated into
a photographic article or an instant photographic or peel-apart film article outside the special production
area under the conditions listed in this paragraph:
(1) Engineering controls and exposure safeguards. Engineering controls must limit the exposure to a
new chemical substance contained in a wet mixture.
(2) Training, hygiene and work practices —(i) Training. Training of employees involved in the handling of
wet mixtures containing a new chemical substance must be adapted to the individual circumstances of
the employees' activities and must address: Procedures for using personal exposure safeguards,
applicable principles of hygiene, handling procedures designed to limit personal exposure, and
procedures for responding to emergencies and spills.
(ii) Hygiene. Appropriate standards of hygiene that limit exposure must be observed by all employees
handling wet mixtures that contain new chemical substances.
(iii) Work practices. Work practices and operating procedures must be designed to limit exposure to any
new chemical substance contained in wet mixtures. Any spills or unanticipated releases of a wet mixture
must be controlled by trained personnel wearing appropriate protective clothing or equipment such as
gloves, eye protection, and, where necessary, respirators or chemically imprevious clothing.

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(3) Personal protection devices. All workers engaged in the processing of a wet mixture containing a
new chemical substance must wear suitable protective clothing or equipment such as coveralls,
protective eyewear, respirators, and gloves.
(g) Incorporation of photographic articles into instant photographic and peel-apart film articles. A
photographic article may be incorporated into the instant photographic or peel-apart film article outside
the special production area. The manufacturer must take measures to limit worker and environmental
exposure to new chemcial substances during these operations using engineering controls, training,
hygiene, work practices, and personal protective devices.
(h) Environmental release and waste treatment —(1) Release to land. Process waste from
manufacturing and processing operations in the special production area that contain a new chemical
substance are considered to be hazardous waste and must be handled in accordance with the
requirements of parts 262 through 267 and parts 122 and 124 of this chapter.
(2) Release to water. All wastewater or discharge which contain the new chemcial subtance must be
appropriately pretreated before release to a Publicly Owned Treatment Works (POTW) or other
receiving body of water. In the case of release to a POTW, the pretreatment must prevent structural
damage to, obstruction of, or interference with the operation of the POTW. The treatment of direct
release to a receiving body of water must be appropriate for the new chemical substance's physicalchemical properties and potential toxicity.
(3) Release to air. All process emissions released to the air which contain the new chemical substance
must be vented through control devices appropriate for the new chemical substance's physical-chemical
properties and potential toxicity.
(i) Exemption notice. An exemption notices must be submitted to EPA when manufacture of the new
chemical substance begins.
(1) Contents of exemption notice. The exemption notice must include the following information:
(i) Manufacturer and sites. The notice must identify the manufacturer and the sites and locations where
the new chemical substance and the instant photographic or peel-apart film articles will be manufactured
and processed.
(ii) Chemical identification. The notice must identify the new chemical substance as follows:
(A) Class 1 substances. For chemical substances whose composition can be represented by a definite
structural disagram (Class 1 substances), the notice must provide the chemical name (preferably CAS or
IUPAC nomenclature), the molecular formula, CAS Registry Number (if available), known synonyms
(including trade names), and a structural diagram.
(B) Class 2 substances. For chemical substances that cannot be fully represented by a structural
diagram, (Class 2 substances), the notice must provide the chemical name, the molecular formula, the
CAS Registry Number (if available), and known synonyms (including trade names). The notice must
identify the immediate precursors and reactants by name and CAS Registry Number (if available). The
notice must include a partial or incomplete structural diagram, if available.
(C) Polymers. For a polymer, the notice must indentify monomers and other reactants used in the
manufacture of the polymer by chemical name and CAS Registry Number. The notice must indicate the
amount of each monomer used (by weight percent of total monomer); the maximum residual of each
monomer present in the polymer; and a partial or incomplete structural diagram, if available. The notice
must indicate the number average molecular weight of the polymer and characterize the anticipated low
molecular weight species. The notice must include this information for each typical average molecular
weight composition of the polymer to be manufactured.
(iii) Impurities. The notice must identify the impurities that can be reasonably anticipated to be present in
the new chemcial substance when manufactured under the exemption by name and CAS Registry
Number, by class of substances, or by process or source. The notice also must estimate the maximum
percent (by weight) of each impurity in the new chemical substance and the percent of unknown
impurities present.
(iv) Physical-chemical properties. The notice must describe the physical-chemical properties of the new
chemical substance. Where specific physical-chemical data are not available, reasonable estimates and

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the techniques used to develop these estimates must be provided.
(v) Byproducts. The notice must identify the name, CAS Registry number (if available), and the volume
of each byproduct that would be manufactured during manufacture of the new chemical substance.
(vi) Production volume. The notice must include an estimate of the anticipated maximum annual
production volume.
(vii) Test data. The notice must include all information and test data on the new chemical substance's
health and environmental effects that are known to or reasonably ascertainable by the manufacturer.
(viii) Identity of the article. The notice must identify and describe the instant photographic film article(s) or
peel-apart film article(s) that will contain the new chemical substance.
(ix) Release to water. The notice must include a description of the methods used to control and treat
wastewater or discharge released to a POTW or other receiving body of water. The notice must also
identify the POTW or receiving body of water.
(x) Certification. The manufacturer must certify in the notice that it is familiar with the terms of the
exemption and that the manufacture, processing, distribution, use, and disposal of the new chemical
substance will comply with those terms.
(2) Duplication of information in premanufacture notice. If a manufacturer who submits an exemption
notice under this paragraph has already submitted, or simultaneously submits, a premanufacture notice
under section 5(a)(1)(A) of the Act for the new chemical substance, it may, in lieu of submitting the
information required by this paragraph, reference the required information to the extent it is included in
the premanufacture notice. At a minimum, the exemption notice must identify the manufacturer and the
new chemical substance, and contain the certification required by paragraph (i)(1)(x) of this section.
(3) Address. The exemption notice must be addressed to the Document Control Office (DCO) (7407M),
Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–0001.
(j) Recordkeeping. (1) Manufacturers of a new chemical substance under this exemption must keep the
following records for 30 years from the final date of manufacture.
(i) Production records. Each manufacturer must maintain records of the annual production volume of
each new chemical substance manufactured under the terms of the exemption. This record must
indicate when manufacture of the new chemical substance began.
(ii) Exposure monitoring records. Manufacturers must maintain an accurate record of all monitoring
required by this section. Monitoring records may be adapted to the individual circumstances of the
manufacturer but, at a minimum, must contain the following information: The chemical identity of the new
chemical substance, date of the monitoring, the actual monitoring data for each monitoring location and
sampling, and a reference to or description of the collection and analytic techniques. If the manufacturer
does not monitor, the manufacturer must maintain a record of the reasons for not monitoring and the
methods used to determine compliance with the exposure limits of paragraph (e)(1) of this section.
(iii) Training and exposure records. For each employee engaged in the manufacture or processing of a
new chemical substance, the company must develop and maintain a record of the worker's participation
in required training. This record must also demonstrate the regular use of personal exposure
safeguards, including the results of any personal exposure monitoring, the results of the quantitative fit
test for the worker's personal respirator, and any additional information related to the worker's
occupational exposure.
(iv) Treatment records. Manufacturers who release treated wastewater or discharge containing a new
chemical substance to a POTW or other receiving body of water must maintain records of the method of
treatment.
(2) The manufacturer must make the records listed in paragraph (j)(1) of this section available to EPA
upon written request by the Director of the Office of Pollution Prevention and Toxics. The manufacturer
must provide these records within 15 working days of receipt of this request.

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(k) Confidentiality. If the manufacturer submits information under paragraph (i) or (j) of this section which
it claims to be confidential business information, the manufacturer must clearly identify the information at
the time of submission to the Agency by bracketing, circling, or underlining it and stamping it with
“CONFIDENTIAL” or some other appropriate designation. Any information so identified will be treated in
accordance with the procedures in part 2 of this chapter. Any information not claimed confidential at the
time of submission will be made available to the public without further notice to the submitter.
(l) Amendment and repeal. (1) EPA may amend or repeal any term of this exemption if it determines that
the manufacture, processing, distribution, use, and disposal of new chemical substances under the
terms of the exemption may present an unreasonable risk of injury to health or the environment. EPA
also may amend this exemption to enlarge the exemption category or to reduce the restrictions or
conditions of the exemption.
(2) As required by section 5(h)(4) of the Act, EPA will amend or repeal the substantive terms of an
exemption granted under this part only by the formal rulemaking procedures described in section 6(c)(2)
and (3) of the Act (15 U.S.C. 2605(c)).
(m) Prohibition of use of the exemption. The Director of the Office of Pollution Prevention and Toxics
may prohibit the manufacture, processing, distribution, use, or disposal of any new chemical substance
under the terms of this exemption if he or she determines that the manufacture, processing, distribution
in commerce, use, or disposal of the new chemical substance may present an unreasonable risk of
injury to health or the environment.
(n) Enforcement. (1) A failure to comply with any provision of this part is a violation of section 15 of the
Act (15 U.S.C. 2614).
(2) Submitting materially misleading or false information in connection with the requirements of any
provision of this part is a violation of this regulation and therefore a violation of section 15 of the Act (15
U.S.C. 2614).
(3) Violators may be subject to the civil and criminal penalties in section 16 of the Act (15 U.S.C. 2615)
for each violation.
(4) EPA may seek to enjoin the manufacture of a new chemical substance in violation of this exemption
or act to seize any chemical substances manufactured in violation of the exemption under the authority
of section 17 of the Act (15 U.S.C. 2616).
[47 FR 24317, June 4, 1982, as amended at 53 FR 12523, Apr. 15, 1988; 60 FR 34465, July 3, 1995; 62
FR 17932, April 11, 1997; 68 FR 906, Jan. 7, 2003; 71 FR 33642, June 12, 2006]

§ 723.250 Polymers.
top
(a) Purpose and scope. (1) This section grants an exemption from certain of the premanufacture notice
requirements of section 5(a)(1)(A) of the Toxic Substances Control Act (15 U.S.C. 2604(a)(1)(A)) for the
manufacture of certain polymers. This section does not apply to microorganisms subject to part 725 of
this chapter.
(2) To manufacture a new chemical substance under the terms of this section, a manufacturer must:
(i) Determine that the substance meets the definition of polymer in paragraph (b) of this section.
(ii) Determine that the substance is not specifically excluded by paragraph (d) of this section.
(iii) Ensure that the substance meets the exemption criteria of paragraph (e) of this section.
(iv) Submit a report as required under paragraph (f) of this section.
(v) Comply with the recordkeeping requirements of paragraph (j) of this section.

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(b) Definitions. In addition to the definitions under section 3 of the Act, 15 U.S.C. 2602, the following
definitions apply to this part.
Act means the Toxic Substances Control Act (15 U.S.C. 2601 et seq.).
Biopolymer means a polymer directly produced by living or once-living cells or cellular components.
Category of chemical substances has the same meaning as in section 26(c)(2) of the Act (15 U.S.C.
2625).
Cationic polymer means a polymer that contains a net positively charged atom(s) or associated groups
of atoms covalently linked to its polymer molecule.
Chemical substance, Director, EPA, importer, impurity, Inventory, known to or reasonably ascertainable,
manufacture, manufacturer, mixture, new chemical, person, possession or control, process and test data
have the same meanings as in §720.3 of this chapter.
Equivalent weight of a functional group means the ratio of the molecular weight to the number of
occurrences of that functional group in the molecule. It is the weight of substance that contains one
formula-weight of the functional group.
Internal monomer unit means a monomer unit that is covalently bonded to at least two other molecules.
Internal monomer units of polymer molecules are chemically derived from monomer molecules that have
formed covalent bonds between two or more other monomer molecules or other reactants.
Monomer means a chemical substance that is capable of forming covalent bonds with two or more like
or unlike molecules under the conditions of the relevant polymer-forming reaction used for the particular
process.
Monomer Unit means the reacted form of the monomer in a polymer.
Number-average molecular weight means the arithmetic average (mean) of the molecular weight of all
molecules in a polymer.
Oligomer means a polymer molecule consisting of only a few monomer units (dimer, trimer, tetramer)
Other reactant means a molecule linked to one or more sequences of monomer units but which, under
the relevant reaction conditions used for the particular process, cannot become a repeating unit in the
polymer structure.
Polyester means a chemical substance that meets the definition of polymer and whose polymer
molecules contain at least two carboxylic acid ester linkages, at least one of which links internal
monomer units together.
Polymer means a chemical substance consisting of molecules characterized by the sequence of one or
more types of monomer units and comprising a simple weight majority of molecules containing at least 3
monomer units which are covalently bound to at least one other monomer unit or other reactant and
which consists of less than a simple weight majority of molecules of the same molecular weight. Such
molecules must be distributed over a range of molecular weights wherein differences in the molecular
weight are primarily attributable to differences in the number of monomer units. In the context of this
definition, sequence means that the monomer units under consideration are covalently bound to one
another and form a continuous string within the molecule, uninterrupted by units other than monomer
units.
Polymer molecule means a molecule which contains a sequence of at least 3 monomer units which are
covalently bound to at least one other monomer unit or other reactant.
Reactant means a chemical substance that is used intentionally in the manufacture of a polymer to
become chemically a part of the polymer composition.
Reactive functional group means an atom or associated group of atoms in a chemical substance that is
intended or can reasonably be anticipated to undergo further chemical reaction.

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Reasonably anticipated means that a knowledgeable person would expect a given physical or chemical
composition or characteristic to occur based on such factors as the nature of the precursors used to
manufacture the polymer, the type of reaction, the type of manufacturing process, the products produced
in polymerization, the intended uses of the substance, or associated use conditions.
(c) Applicability. This section applies to manufacturers of new chemical substances that otherwise must
submit a premanufacture notice to EPA under §720.22 of this chapter. New substances are eligible for
exemption under this section if they meet the definition of “polymer” in paragraph (b) of this section, and
the criteria in paragraph (e) of this section, and if they are not excluded from the exemption under
paragraph (d) of this section.
(d) Polymers that cannot be manufactured under this section —(1) Cationic polymers. A polymer cannot
be manufactured under this section if the polymer is a cationic polymer as defined under paragraph (b)
of this section or if the polymer is reasonably anticipated to become a cationic polymer in a natural
aquatic environment (e.g., rivers, lakes) unless:
(i) The polymer is a solid material that is not soluble or dispersible in water and will be used only in the
solid phase (e.g., polymers that will be used as ion exchange beads), or
(ii) The combined (total) functional group equivalent weight of cationic groups in the polymer is equal to
or greater than 5,000.
(2) Elemental limitations. (i) A polymer manufactured under this section must contain as an integral part
of its composition at least two of the atomic elements carbon, hydrogen, nitrogen, oxygen, silicon, and
sulfur.
(ii) A polymer cannot be manufactured under this section if it contains as an integral part of its
composition, except as impurities, any elements other than the following:
(A) The elements listed in paragraph (d)(2)(i) of this section.
(B) Sodium, magnesium, aluminum, potassium, calcium, chlorine, bromine, and iodine as the monatomic
counterions Na=,Mg=2, Al=3, K=, Ca=2, Cl−, Br−, or I−.
(C) Fluorine, chlorine, bromine, and iodine covalently bound to carbon.
(D) Less than 0.20 weight percent of any combination of the atomic elements lithium, boron,
phosphorus, titanium, manganese, iron, nickel, copper, zinc, tin, and zirconium.
(3) Polymers which degrade, decompose, or depolymerize. A polymer cannot be manufactured under
this section if the polymer is designed or is reasonably anticipated to substantially degrade, decompose,
or depolymerize, including those polymers that could substantially decompose after manufacture and
use, even though they are not actually intended to do so. For the purposes of this section, degradation,
decomposition, or depolymerization mean those types of chemical change that convert a polymeric
substance into simpler, smaller substances, through processes including but not limited to oxidation,
hydrolysis, attack by solvents, heat, light, or microbial action.
(4) Polymers manufactured or imported from monomers and reactants not on the TSCA Chemical
Substance Inventory. A polymer cannot be manufactured under this section if the polymer being
manufactured or imported is prepared from monomers and/or other reactants (that are either charged to
the reaction vessel or incorporated in the polymer at levels of greater than 2 weight percent) that are not
already included on the TSCA Chemical Substance Inventory or manufactured under an applicable
TSCA section 5 exemption.
(5) Water absorbing polymers with number average molecular weight (MW) 10,000 and greater. A
polymer cannot be manufactured under this section if the polymer being manufactured or imported is a
water absorbing polymer and has a number average MW greater than or equal to 10,000 daltons. For
purposes of this section, a water-absorbing polymer is a polymeric substance that is capable of
absorbing its weight of water.
(e) Exemption criteria. To be manufactured under this section, the polymer must meet one of the
following criteria:

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(1) Polymers with number average MW greater than or equal to 1,000 and less than 10,000 daltons (and
oligomer content less than 10 percent below MW 500 and less than 25 percent below MW 1,000). (i)
The polymer must have a number average MW greater than or equal to 1,000 and less than 10,000
daltons and contain less than 10 percent oligomeric material below MW 500 and less than 25 percent
oligomeric material below MW 1,000.
(ii) The polymer cannot contain reactive functional groups unless it meets one of the following criteria:
(A) The polymer contains only the following reactive functional groups: carboxylic acid groups, aliphatic
hydroxyl groups, unconjugated olefinic groups that are considered “ordinary,”(i.e., not specially activated
either by being part of a larger functional group, such as a vinyl ether, or by other activating influences,
e.g., strongly electron-withdrawing sulfone group with which the olefinic groups interact), butenedioic
acid groups, those conjugated olefinic groups contained in naturally-occurring fats, oils, and carboxylic
acids, blocked isocyanates (including ketoxime-blocked isocyanates), thiols, unconjugated nitrile groups,
and halogens (except that reactive halogen-containing groups such as benzylic or allylichalides cannot
be included).
(B) The polymer has a combined (total) reactive group equivalent weight greater than or equal to 1,000
for the following reactive functional groups: acidhalides; acid anhydrides; aldehydes, hemiacetals;
methylolamides,- amines or,- ureas; alkoxysilanes with alkoxy greater than C2-alkoxysilanes; allyl
ethers; conjugated olefins; cyanates; epoxides; imines; or unsubstituted positions ortho or para to
phenolic hydroxyl; or
(C) If any reactive functional groups not included in paragraph (e)(1)(ii)(A) and (B) of this section are
present, the combined (total) reactive group equivalent weight, including any groups listed in paragraph
(e)(1)(ii)(B), is greater than or equal to 5,000.
(2) Polymers with number average MW greater than or equal to 10,000 (and oligomer content less than
2 percent below MW 500 and less than 5 percent below MW 1,000) . The polymer must have a number
average MW greater than or equal to 10,000 daltons and contain less than 2 percent oligomeric material
below MW 500 and less than 5 percent oligomeric material below MW 1000.
(3) Polyester polymers. The polymer is a polyester as defined in paragraph (b) of this section and is
manufactured solely from one or more of the reactants in the following table 1:
Table 1—List of Reactants From Which Polyester May be Made

Reactant
Monobasic Acids and Natural Oils
Benzoic acid
Canola oil
Coconut oil
Corn oil
Cottonseed oil
Dodecanoic acid
Fats and glyceridic oils, anchovy
Fats and glyceridic oils, babassu
Fats and glyceridic oils, herring

CAS No.
65–85–0
120962–
03–0
8001–31–
8*
8001–30–
7*
8001–29–
4*
143–07–7
128952–
11–4*
91078–
92–1*
68153–
06–0*

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Fats and glyceridic oils, menhaden
Fats and glyceridic oils, sardine
Fats and glyceridic oils, oiticica
Fatty acids,C16-18and C18-unsatd.
Fatty acids, castor-oil
Fatty acids, coco
Fatty acids, dehydrated castor-oil
Fatty acids, linseed oil
Fatty acids, safflower oil
Fatty acids, soya
Fatty acids, sunflower oil
Fatty acids, sunflower-oil, conjugated
Fatty acids, tall-oil
Fatty acids, tall-oil, conjugated*
Fatty acids, vegetable oil
Glycerides, C16-18and C18-unsatd.
Heptanoic acid
Hexanoic acid
Hexanoic acid, 3,3,5-trimethylLinseed oil
Linseed oil, oxidized
Nonanoic acid
Oils, Cannabis*
Oils, palm kernel
Oils, perilla
Oils, walnut

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8002–50–
4*
93334–
41–9*
8016–35–
1*
67701–
08–0*
61789–
44–4*
61788–
47–4*
61789–
45–5*
68424–
45–3*
68308–
53–2*
84625–
38–7*
68953–
27–5*
61790–
12–3*
61788–
66–7*
67701–
30–8*
111–14–8
142–62–1
3302–10–
1
8001–26–
1*
68649–
95–6*
112–05–0
8023–79–
8*
68132–
21–8*
8024–09–
7

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Safflower oil
Soybean oil
Sunflower oil
Tung oil
Di and Tri Basic Acids:
1,2-Benzenedicarboxylic acid
1,3-Benzenedicarboxylic acid
1,3-Benzenedicarboxylic acid, dimethyl ester
1,4-Benzenedicarboxylic acid
1,4-Benzenedicarboxylic acid, diethyl ester
1,4-Benzenedicarboxylic acid, dimethyl ester
1,2,4-Benzenetricarboxylic acid
Butanedioic acid
Butanedioic acid, diethyl ester
Butanedioic acid, dimethyl ester
2-Butenedioic acid (E)–
Decanedioic acid
Decanedioic acid, diethyl ester
Decanedioic acid, dimethyl ester
Dodecanedioic acid
Fatty acids, C18-unsatd., dimers
Heptanedioic acid
Heptanedioic acid, dimethyl ester
Hexanedioic acid
Hexanedioic acid, dimethyl ester
Hexanedioic acid, diethyl ester
Nonanedioic acid
Nonanedioic acid, dimethyl ester
Nonanedioic acid, diethyl ester
Octanedioic acid
Octanedioic acid, dimethyl ester
Pentanedioic acid
Pentanedioic acid, dimethyl ester

Page 21 of 25

8001–23–
8*
8001–22–
7*
8001–21–
6*
8001–20–
5*
88–99–3
121–91–5
1459–93–
4
100–21–0
636–09–9
120–61–6
528–44–9
110–15–6
123–25–1
106–65–0
110–17–8
111–20–6
110–40–7
106–79–6
693–23–2
61788–
89–4*
111–16–0
1732–08–
7
124–04–9
627–93–0
141–28–6
123–99–9
1732–10–
1
624–17–9
(505–48–
6)
1732–09–
8
(110–94–
1)
1119–40–

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Pentanedioic acid, diethyl ester
Undecanedioic acid

Page 22 of 25

0
818–38–2
1852–04–
6

Polyols
1,3-Butanediol
1,4-Butanediol
1,4-Cyclohexanedimethanol
1,2-Ethanediol
Ethanol, 2,2′-oxybis1,6-Hexanediol
1,3-Pentanediol, 2,2,4-trimethyl1,2-Propanediol,
1,3-Propanediol, 2,2-bis(hydroxymethyl)1,3-Propanediol, 2,2-dimethyl1,3-Propanediol, 2-ethyl-2-(hydroxymethyl)1,3-Propanediol, 2-(hydroxymethyl)-2-methyl1,3-propanediol, 2-methyl
1,2,3-Propanetriol
1,2,3-Propanetriol, homopolymer
2-Propen-1-ol, polymer with ethenylbenzene

107–88–0
110–63–4
105–08–8
107–21–1
111–46–6
629–11–8
144–19–4
57–55–6
115–77–5
126–30–7
77–99–6
77–85–0
2163–42–
0
56–81–5
25618–
55–7
25119-62–
4

Modifiers
Acetic acid, 2,2′-oxybis1-Butanol
Cyclohexanol
Cyclohexanol, 4,4′-(1-methylethylidene)bisEthanol, 2-(2-butoxyethoxy)1-Hexanol
Methanol, hydrolysis products with trichlorohexylsilane and
trichlorophenylsilane
1-Phenanthrenemethanol, tetradecahydro-1,4a-dimethyl-7(1-methylethyl)Phenol, 4,4′-(1-methylethylidene)bis-, polymer with 2,2′- [(1methylethylidene)bis(4,1-phenyleneoxymethylene)] bis
[oxirane]
Siloxanes and Silicones, di-Me, di-Ph, polymers with Ph
silsesquioxanes, methoxy-terminated
Siloxanes and Silicones, di-Me, methoxy Ph, polymers with
Ph silsesquioxanes, methoxy-terminated
Siloxanes and Silicones, Me Ph, methoxy Ph, polymers with
Ph silsesquioxanes, methoxy- and Ph-terminated

110–99–6
71–36–3**
108–93–0
80–04–6
112–34–5
111–27–3
72318–
84–4*
13393–
93–6
25036-25–
3
68440–
65–3*
68957–
04–0*
168957–

06–2*

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Silsesquioxanes, Ph Pr

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168037–

90–1*
* Chemical substance of unknown or variable composition,complex reaction products, and biological
materials (UVCB). The CAS Registry Numbers for UVCB substances are not used in CHEMICAL
ABSTRACTS and its indexes.
** These substances may not be used in a substance manufactured from fumaric or maleic acid
because of potential risks associated with esters, which may be formed by reaction of these reactants.
(f) Exemption report for polymers manufactured under the terms of this section. For substances exempt
under paragraphs (e)(1), (e)(2), and (e)(3) of this section a report of manufacture or import must be
submitted (postmarked) by January 31 of the year subsequent to initial manufacture. The notice must
include:
(1) Manufacturer's name. This includes the name and address of the manufacturer and the name and
telephone number of a technical contact.
(2) Number of substances manufactured. Number of substances manufactured. The manufacturer must
identify the number of polymers manufactured under terms of the exemption for the first time in the year
preceding the notice.
(g) Chemical identity information. For substances exempt under paragraph (e) of this section the
manufacturer must to the extent known to or reasonably ascertainable by the manufacturer identify the
following and maintain the records in accordance with paragraph (j) of this section:
(1) A specific chemical name and CAS Registry Number (or EPA assigned Accession Number) for each
“reactant,” as that term is defined in paragraph (b) of this section, used at any weight in the manufacture
of the polymer. For purposes of determining chemical identity, the manufacturer may determine whether
a reactant is used at greater than two weight percent according to either the weight of the reactant
charged to the reaction vessel or the weight of the chemically combined (incorporated) reactant in the
polymer. Manufacturers who choose the “incorporated” method must have analytical data, or theoretical
calculations (if it can be documented that an analytical determination cannot be made or is not
necessary), to demonstrate compliance with this paragraph. Reactants that introduce into the polymer
elements, properties, or functional groups that would render the polymer ineligible for the exemption are
not allowed at any level.
(2) A representative structural diagram, if possible.
(h) Certification. To manufacture a substance under the terms of this section, a manufacturer must as of
the date of first manufacture, make the following certification statements and maintain them in
accordance with paragraph (j) of this section:
(1) The substance is manufactured or imported for a commercial purpose other than for research and
development.
(2) All information in the certification is truthful.
(3) The new chemical substance meets the definition of a polymer, is not specifically excluded from the
exemption in paragraph (d) of this section, and meets the conditions of the exemption in paragraph (e) of
this section.
(i) Exemptions granted under superseded regulations. Manufacturers granted exemptions under the
superseded requirements of §723.250 (as in effect on May 26, 1995) shall either continue to comply with
those requirements or follow all procedural and recordkeeping requirements pursuant to this section. If
an exemption holder continues to follow the superseded regulations, the Notice of Commencement
requirements apply and the exempt polymer will continue to be listed on the Inventory with exclusion
criteria and exemption category restrictions on residual monomer/reactant and low molecular weight
species content limitations.
(j) Recordkeeping. (1) A manufacturer of a new polymer under paragraphs (e) of this section, must retain
the records described in this paragraph at the manufacturing site for a period of 5 years from the date of

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commencement of manufacture or import.
(2) The records must include the following to demonstrate compliance with the terms of this section:
(i) Chemical identity information as required in paragraph (g) of this section.
(ii) Information to demonstrate that the new polymer is not specifically excluded from the exemption.
(iii) Records of production volume for the first 3 years of manufacture and the date of commencement of
manufacture.
(iv) Information to demonstrate that the new polymer meets the exemption criteria in paragraphs (e)(1),
(e)(2), or (e)(3) of this section.
(v) Analytical data, or theoretical calculations (if it can be documented that an analytical determination
cannot be made or is not necessary), to demonstrate that the polymer meets the number-average MW
exemption criteria in paragraphs (e)(1) or (e)(2) of this section. The analytical tests may include gel
permeation chromatography (GPC).vapor pressure osmometry (VPO), or other such tests which will
demonstrate that the polymer meets the number-average MW criterion.
(vi) Analytical data, or theoretical calculations (if it can be documented that an analytical determination
cannot be made or is not necessary), to demonstrate that the polymer meets the criteria in paragraphs
(e)(1) or (e)(2) of this section, meets the low MW content criteria in paragraphs (e)(1) or (e)(2) of this
section.
(vii) If applicable, analytical data, or theoretical calculations (if it can be documented that an analytical
determination cannot be made or is not necessary) required in paragraph (g) of this section for
determining monomers or reactants charged to the reaction vessel at greater than 2 weight percent but
incorporated at 2 weight percent or less in the manufactured polymer.
(viii) The certification statements as required under paragraph (h) of this section.
(3) The manufacturer must submit the records listed in paragraph (j)(2) of this section to EPA upon
written request by EPA. The manufacturer must provide these records within 15 working days of receipt
of this request. In addition, any person who manufactures a new chemical substance under the terms of
this section, upon request of EPA, must permit such person at all reasonable times to have access to
and to copy these records.
(k) Submission of information. Information submitted to EPA under this section must be sent in writing to:
TSCA Document Control Officer, (7407), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
(l) Compliance. (1) A person who manufactures or imports a new chemical substance and fails to comply
with any provision of this section is in violation of section 15 of the Act (15 U.S.C. 2614).
(2) Using for commercial purposes a chemical substance or mixture which a person knew or had reason
to know was manufactured, processed, or distributed in commerce in violation of section 5 of the Act is a
violation of section 15 of the Act (15 U.S.C. 2614).
(3) Failure or refusal to establish and maintain records or to permit access to or copying of records, as
required by this section and section 11 of the Act, is a violation of section 15 of the Act (15 U.S.C. 2614).
(4) Failure or refusal to permit entry or inspection as required by section 11 of the Act is a violation of
section 15 of the Act (15 U.S.C. 2614).
(5) Violators may be subject to the civil and criminal penalties in section 16 of the Act (15 U.S.C. 2615)
for each violation. Persons who submit materially misleading or false information in connection with the
requirements of any provision of this section may be subject to penalties calculated as if they never filed
their notices.
(6) EPA may seek to enjoin the manufacture or processing of a chemical substance in violation of this
section or act to seize any chemical substance manufactured or processed in violation of this section or

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take other actions under the authority of section 7 of the Act (15 U.S.C. 2606) or section 17 of the Act
(15 U.S.C. 2616).
(m) Inspections. EPA will conduct inspections under section 11 of the Act to assure compliance with
section 5 and this section, to verify that information submitted to EPA under this section is true and
correct, and to audit data submitted to EPA under this section.
(n) Confidentiality. If a manufacturer submits information to EPA under this section which the
manufacturer claims to be confidential business information, the manufacturer must clearly identify the
information at the time of submission to EPA by bracketing, circling, or underlining it and stamping it with
“CONFIDENTIAL” or some other appropriate designation. Any information so identified will be treated in
accordance with the procedures in 40 CFR part 2. Any information not claimed confidential at the time of
submission may be made available to the public without further notice.
[60 FR 16332, Mar. 29, 1995, as amended at 62 FR 17932, April 11, 1997]
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