[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR721.45]

[Page 155-156]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 721--SIGNIFICANT NEW USES OF CHEMICAL SUBSTANCES--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 721.45  Exemptions.

    The persons identified in Sec. 721.5 are not subject to the 
notification requirements of Sec. 721.25 for a chemical substance 
identified in subpart E of this part, unless otherwise specified in a 
specific section in subpart E, if:
    (a) The person has applied for and has been granted an exemption for 
test marketing the substance for a significant new use identified in 
subpart E of this part in accordance with section 5(h)(1) of the Act and 
Sec. 720.38 of this chapter.
    (b) The person manufactures, imports, or processes the substance for 
a significant new use identified in subpart E of this part in small 
quantities solely for research and development in accordance with 
Sec. 721.47.
    (c) The person has applied for and been granted an exemption under 
section 5(h)(5) of the Act.
    (d) The person manufactures, imports, or processes the substance 
only as an impurity.
    (e) The person manufactures, imports, or processes the substance 
only as a byproduct which is used only by public or private 
organizations that (1) burn it as a fuel, (2) dispose of it as a waste, 
including in a landfill or for enriching soil, or (3) extract component 
chemical substances from it for commercial purposes.
    (f) The person imports or processes the substance as part of an 
article.
    (g) The person manufactures or processes the substance solely for 
export and, when distributing the substance in commerce, labels the 
substance in accordance with section 12(a)(1)(B) of the Act.
    (h) The person submits a significant new use notice for the 
substance prior to the promulgation date of the section in subpart E of 
this part which identifies the substance, and the person receives 
written notification of compliance from EPA prior to the effective date 
of such section. The notice submitter must comply with any applicable 
requirement of section 5(b) of the Act. The notice must include the 
information and test data specified in section 5(d)(1) of the Act and 
must be submitted on the notice form in Appendix A to part 720 of this 
chapter. For purposes of this exemption, the specific section in subpart 
E of this part which identifies the substance and Secs. 721.1, 721.3, 
721.11, 721.35, and 721.40 apply; after the effective date of the 
section in subpart E of this part which identifies the substance, 
Sec. 721.5 applies and Sec. 721.20 continues to apply. EPA will provide 
the notice submitter with written notification of compliance only if one 
of the following occurs:
    (1) EPA is unable to make the finding that the activities described 
in the significant new use notice will or may present an unreasonable 
risk of injury to health or the environment under reasonably foreseeable 
circumstances.
    (2) EPA and the person negotiate a consent order under section 5(e) 
of the Act, such order to take effect on the effective date of the 
section in subpart E of this part which identifies the substance.
    (i) The person is operating under the terms of a consent order 
issued under section 5(e) of the Act applicable to

[[Page 156]]

that person. If a provision of such section 5(e) order is inconsistent 
with a specific significant new use identified in subpart E of this 
part, abiding by the provision of the section 5(e) order exempts the 
person from submitting a significant new use notice for that specific 
significant new use.

[53 FR 28361, July 27, 1988]