[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: 40CFR720.30]

[Page 118-119]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 720--PREMANUFACTURE NOTIFICATION--Table of Contents
 
                        Subpart B--Applicability
 
Sec. 720.30  Chemicals not subject to notification requirements.

    The following substances are not subject to the notification 
requirements of this part:
    (a) Any substance which is not a ``chemical substance'' as defined 
in Sec. 720.3(e).
    (b) Any mixture as defined in Sec. 720.3(u).1
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    \1\ A new chemical substance that is manufactured or imported as 
part of a mixture is subject to the requirements of this part. This 
exclusion applies only to a mixture as a whole and not to any chemical 
substances which are part of the mixture.
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    (c) Any new chemical substance which will be manufactured or 
imported in small quantities solely for research and development under 
Sec. 720.36.

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    (d) Any new chemical substance which will be manufactured or 
imported solely for test-marketing purposes under an exemption granted 
under Sec. 720.38.
    (e) Any new chemical substance manufactured solely for export if, 
when the substance is distributed in commerce:
    (1) The substance is labeled in accordance with section 12(a)(1)(B) 
of the Act.
    (2) The manufacturer knows that the person to whom the substance is 
being distributed intends to export it or process it solely for export 
as defined in Sec. 721.3 of this chapter.
    (f) Any new chemical substance which is manufactured or imported 
under the terms of a rule promulgated under section 5(h)(4) of the Act.
    (g) Any byproduct if its only commercial purpose is for use 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. 
(This exclusion only applies to the byproduct; it does not apply to the 
component substances extracted from the byproduct.)
    (h) The chemical substances described below: (Although they are 
manufactured for commercial purposes under the Act, they are not 
manufactured for distribution in commerce as chemical substances per se 
and have no commercial purpose separate from the substance, mixture, or 
article of which they are a part.)
    (1) Any impurity.
    (2) Any byproduct which is not used for commercial purposes.
    (3) Any chemical substance which results from a chemical reaction 
that occurs incidental to exposure of another chemical substance, 
mixture, or article to environmental factors such as air, moisture, 
microbial organisms, or sunlight.
    (4) Any chemical substance which results from a chemical reaction 
that occurs incidental to storage or disposal of another chemical 
substance, mixture, or article.
    (5) Any chemical substance which results from a chemical reaction 
that occurs upon end use of another chemical substance, mixture, or 
article such as an adhesive, paint, miscellaneous cleanser or other 
housekeeping product, fuel additive, water softening and treatment 
agent, photographic film, battery, match, or safety flare, and which is 
not itself manufactured or imported for distribution in commerce or for 
use as an intermediate.
    (6) Any chemical substance which results from a chemical reaction 
that occurs upon use of curable plastic or rubber molding compounds, 
inks, drying oils, metal finishing compounds, adhesives, or paints, or 
any other chemical substance formed during the manufacture of an article 
destined for the marketplace without further chemical change of the 
chemical substance except for those chemical changes that occur as 
described elsewhere in this paragraph.
    (7) Any chemical substance which results from a chemical reaction 
that occurs when (i) a stabilizer, colorant, odorant, antioxidant, 
filler, solvent, carrier, surfactant, plasticizer, corrosion inhibitor, 
antifoamer or defoamer, dispersant, precipitation inhibitor, binder, 
emulsifier, deemulsifier, dewatering agent, agglomerating agent, 
adhesion promoter, flow modifier, pH neutralizer, sequesterant, 
coagulant, flocculant, fire retardant, lubricant, chelating agent, or 
quality control reagent functions as intented, or (ii) a chemical 
substance, which is intended solely to impart a specific physiochemical 
characteristic, functions as intended.
    (8) Any nonisolated intermediate.
    (i) Any chemical substance which is manufactured solely for non-
commercial research and development purposes. Non-commercial research 
and development purposes include scientific experimentation, research, 
or analysis conducted by academic, government, or independent not-for-
profit research organizations (e.g., universities, colleges, teaching 
hospitals, and research institutes), unless the activity is for eventual 
commercial purposes.

[48 FR 21742, May 13, 1983, as amended at 51 FR 15101, Apr. 22, 1986]

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