Subchapter R—Toxic Substances Control Act
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SUBCHAPTER R—TOXIC SUBSTANCES CONTROL ACT PART 700—GENERAL nism (each being assigned a separate MCAN number by EPA) as a result of a Subparts A–B [Reserved] prenotice agreement with EPA. Consolidated premanufacture notice or Subpart C—Fees consolidated PMN means any PMN sub- mitted to EPA that covers more than Sec. one chemical substance (each being as- 700.40 Purpose and applicability. signed a separate PMN number by 700.41 Radon user fees. 700.43 Definitions. EPA) as a result of a prenotice agree- 700.45 Fee payments. ment with EPA (See 48 FR 21734). 700.49 Failure to remit fees. Exemption application means any ap- plication submitted to EPA under sec- AUTHORITY: 15 U.S.C 2625 and 2665, 44 U.S.C. 3504. tion 5(h)(2) of the Act. Exemption notice means any notice SOURCE: 53 FR 31252, Aug. 17, 1988, unless submitted to EPA under § 723.175 of this otherwise noted. chapter. Final product means a new chemical Subparts A–B [Reserved] substance (as ‘‘new chemical sub- stance’’ is defined in § 720.3 of this Subpart C—Fees chapter) that is manufactured by a per- son for distribution in commerce, or § 700.40 Purpose and applicability. for use by the person other than as an (a) Purpose. The purpose of this sub- intermediate. part is to collect fees from manufactur- Intermediate premanufacture notice or ers, importers, and processors who sub- intermediate PMN means any PMN sub- mit notices and applications to EPA mitted to EPA for a chemical sub- under section 5 of the Toxic Substances stance which is an intermediate (as Control Act (15 U.S.C. 2604) to defray ‘‘intermediate’’ is defined in § 720.3 of part of EPA’s cost of administering the this chapter) in the production of a Act. final product, provided that the PMN (b) Applicability. This subpart applies for the intermediate is submitted to to all manufacturers, importers, and EPA at the same time as, and together processors who submit certain notices with, the PMN for the final product and applications to EPA under section and that the PMN for the intermediate 5 of the Act. identifies the final product and de- scribes the chemical reactions leading § 700.41 Radon user fees. from the intermediate to the final User fees relating to radon pro- product. If PMNs are submitted to EPA ficiency programs authorized under the at the same time for several intermedi- Toxic Substances Control Act appear ates used in the production of a final at 40 CFR part 195. product, each of those is an inter- mediate PMN if they all identify the [59 FR 13177, Mar. 18, 1994] final product and every other associ- ated intermediate PMN and are sub- § 700.43 Definitions. mitted to EPA at the same time as, Definitions in section 3 of the Act (15 and together with, the PMN for the U.S.C. 2602), as well as definitions con- final product. tained in §§ 704.3, 720.3, and 725.3 of this Joint submitters means two or more chapter, apply to this subpart unless persons who submit a section 5 notice otherwise specified in this section. In together. addition, the following definitions Microbial commercial activity notice or apply: MCAN means any notice for microorga- Consolidated microbial commercial ac- nisms submitted to EPA pursuant to tivity notice or consolidated MCAN section 5(a)(1) of the Act in accordance means any MCAN submitted to EPA with subpart D of part 725 of this chap- that covers more than one microorga- ter. 5 VerDate Mar<15>2010 16:57 Aug 29, 2011 Jkt 223174 PO 00000 Frm 00015 Fmt 8010 Sfmt 8010 Q:\40\40V31.TXT ofr150 PsN: PC150 § 700.45 40 CFR Ch. I (7–1–11 Edition) Person means a manufacturer, im- (iv) Exemption applications. Persons porter, or processor. shall remit a fee of $2,500 for each ex- Premanufacture notice or PMN means emption application submitted under any notice submitted to EPA pursuant section 5(h)(2) of the Act. to section 5(a)(1)(A) of the Act in ac- (v) Exemption notices. Persons shall cordance with part 720 of this chapter remit a fee of $2,500 for each exemption or § 723.250 of this chapter. notice submitted under § 723.175 of this Section 5 notice means any PMN, con- chapter. solidated PMN, intermediate PMN, sig- (vi) MCAN and consolidated MCAN. nificant new use notice, exemption no- Persons shall remit a fee of $2,500 for tice, exemption application, any MCAN each MCAN or consolidated MCAN sub- or consolidated MCAN submitted under mitted. section 5 of the Act. (c) No fee required. Persons are ex- Significant new use notice means any empt from remitting any fee for sub- notice submitted to EPA pursuant to missions under §§ 720.38, 723.50, and sub- section 5(a)(1)(B) of the Act in accord- parts E, F, and G of part 725 of this ance with part 721 of this chapter. chapter. Small business concern means any per- (d) Joint submitters. Joint submitters son whose total annual sales in the per- of a section 5 notice are required to son’s fiscal year preceding the date of remit the appropriate fee identified in the submission of the applicable sec- paragraph (b) of this section for each tion 5 notice, when combined with section 5 notice regardless of the num- those of the parent company (if any), ber of joint submitters for that notice. are less than $40 million. To qualify for the fee identified in paragraph (b)(1) of this section, each [53 FR 31252, Aug. 17, 1988, as amended at 62 joint submitter of a section 5 notice FR 17931, April 11, 1997] must qualify as a small business con- § 700.45 Fee payments. cern under § 700.43. (e) Remittance procedure. (1) Each re- (a) Persons who must pay fees. Persons mittance under this section shall be in submitting a section 5 notice to EPA United States currency and shall be shall remit for each such notice the ap- paid by money order, bank draft, wire propriate fee identified in paragraph transfer, Pay.gov service provided (b) of this section in accordance with through the Department of the Treas- the procedures in paragraph (e) of this ury, or check drawn to the order of the section. Environmental Protection Agency. (b) Fees. Persons shall remit fee pay- (2) Each paper remittance shall be ments to EPA as follows: sent to the Environmental Protection (1) Small business concerns. Small Agency, Washington Finance Center, business concerns shall remit a fee of Toxic Substances Control Act User $100 for each section 5 notice sub- Fees, P.O. Box 979073, St. Louis, MO mitted. 63197–9000. (2) Others. Persons other than small (3) Persons who submit a TSCA sec- business concerns shall remit fees ac- tion 5 notice shall place an identifying cording to the type of section 5 notice number and a payment identity num- as follows: ber on the front page of each TSCA sec- (i) Premanufacture notices and consoli- tion 5 notice submitted. The identi- dated premanufacture notices. Persons fying number must include the letters shall remit a fee of $2,500 for each PMN ‘‘TS’’ followed by a combination of 6 or consolidated PMN submitted. numbers (letters may be substituted (ii) Intermediate premanufacture no- for some numbers). The payment iden- tices. Persons shall remit a fee of $1,000 tity number may be a check number, a for each intermediate PMN. However, wire transfer number, or a ‘‘Pay.gov’’ for the PMN for the final product the transaction number used to transmit person shall submit the fee in para- the user fee. The same TS number and graph (b)(2)(i) of this section. the submitter’s name must appear on (iii) Significant new use notices. Per- the corresponding fee remittance under sons shall remit a fee of $2,500 for each this section. If a remittance applies to significant new use notice submitted. more than one TSCA section 5 notice, 6 VerDate Mar<15>2010 16:57 Aug 29, 2011 Jkt 223174 PO 00000 Frm 00016 Fmt 8010 Sfmt 8010 Q:\40\40V31.TXT ofr150 PsN: PC150 Environmental Protection Agency § 700.45 the person shall include the name of the fee specified in 40 CFR 700.45(b).’’ the submitter and a new TS number for under ‘‘CERTIFICATION’’ on page 2 of each TSCA section 5 notice to which the Premanufacture Notice for New the remittance applies, and the amount Chemical Substances (EPA Form 7710– of the remittance that applies to each 25). notice. Any remittance not having the (ii) Each person who remits a fee identifying name and numbers de- identified in paragraph (b)(2) of this scribed in this paragraph will be re- section for an exemption application turned to the remitter. under TSCA section 5(h)(2) shall insert (4)(i) Each person who remits the fee a check mark for the statement, ‘‘The identified in paragraph (b)(1) of this company named in part 1, section A section for a PMN, consolidated PMN, has remitted the fee specified in 40 CFR intermediate PMN, or significant new 700.45(b).’’ in the exemption applica- use notice shall insert a check mark tion. for the statement, ‘‘The company (iii) Each person who remits the fee named in part 1, section A is a small identified in paragraph (b)(2) of this business concern under 40 CFR 700.43 section for an exemption notice under and has remitted a fee of $100 in ac- § 723.175 of this chapter shall include cordance with 40 CFR 700.45(b).’’ under ‘‘CERTIFICATION’’ on page 2 of the the words, ‘‘Each company identified in Premanufacture Notice for New Chem- this notice has remitted a fee of $2,500 ical Substances (EPA Form 7710–25).