ICR Attachment H - Instruction Manual for TSCA Section 5 Reporting

OMB Control Number 2070-0012; EPA ICR Number 0574.13
ICR Attachment H
Instruction Manual for Reporting under the TSCA Section 5 New Chemicals Program

This draft for the Manual is posted for submitters’ convenience. The Manual has
been through internal review in EPA’s New Chemicals Program, but has not
completed OMB review. It is being posted on our Web page to assist submitters,
but will not be published until OMB review is completed. Slightly Revised
February 2003 - new staff listings and TS-number instructions.

INSTRUCTION MANUAL FOR REPORTING UNDER THE
TSCA §5 NEW CHEMICALS PROGRAM
How this Manual is organized:
I. GENERAL INSTRUCTIONS FOR REPORTING UNDER THE TOXIC SUBSTANCES

CONTROL ACT §5 NEW CHEMICALS PROGRAM - PREMANUFACTURE NOTICE

FORM

A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.

Substances Which Must Be Reported ("New" Chemicals)

Who Must Submit A Premanufacture Notice

Substances Excluded from Notification

When to Submit a Notice

Filling Out and Submitting the Form

Binding Boxes

Test Data and Other Data

Confidentiality

Consolidated Notices

Submission of Information by Others

Consultation with EPA Concerning the Premanufacture Notice

Notice of Commencement (NOC) of Manufacture (or Import) (40 CFR §720.102)

Recordkeeping

Recognition of Pollution Prevention and Recycling Benefits

II. PAGE-BY-PAGE INSTRUCTIONS FOR COMPLETING THE TSCA §5 NEW CHEMICALS
PROGRAM PREMANUFACTURE NOTICE FORM
1.
2.

Type of Notice (Page 1)
Certification (Page 2)

Part I -- GENERAL INFORMATION

Section A - Submitter Identification (Page 3)

Section B - Chemical Identity Information (Pages 4-6)

1.
2.
3.
4.
5.
6.
7.

Class 1 or Class 2 chemical substances (Page 4)
Polymers (Page 5)
Impurities (Page 6)
Synonyms
Trade Identification
Generic chemical name
Byproducts -

Section C - Production, Import, & Use Information (Page 7)
1.
2.
3.

Production volume
Use information
Hazard information

Part II -

HUMAN EXPOSURE AND ENVIRONMENTAL RELEASE (Pages 8-10)

Section A - Industrial Sites Controlled by the Submitter (Pages 8-9)
Section B - Industrial Sites Controlled by Others (Page 10)
(OPTIONAL) POLLUTION PREVENTION AND RECYCLING INFORMATION (Page 11) Technical Information
a.
b.
c.
d.
h.
i.

Process Chemistry
Product Substitution/ Source Reduction
Process Modifications
Operating Practices
Alternative Waste Disposal Methods
Toxicity Information

Part III - LIST OF ATTACHMENTS (Page 12)
Physical and Chemical Properties Worksheet (Optional - page 13)
Appendix A: Types of test data for submission
Appendix B: Contact Persons

I. GENERAL INSTRUCTIONS FOR REPORTING UNDER THE
TSCA §5 NEW CHEMICALS PROGRAM PREMANUFACTURE NOTICE FORM
A.

Substances Which must Be Reported ("New" Chemicals)

1. General - You are responsible for determining whether a substance you intend to
manufacture or import is a "new" chemical substance as defined by the Toxic Substances Control
Act (TSCA, the Act) and 40 Code of Federal Regulations (CFR) §720.3. You must submit a
premanufacture notice (PMN) if you intend to manufacture (import is considered manufacture)
any new chemical substance which is not on the TSCA Inventory or otherwise excluded from
notification, as discussed below. To submit a PMN, you must use Form EPA 7710-25. Part II of
this Manual is a step-by-step guide to form 7710-25 (rev 5-95).
2. Bona fide request for a TSCA Inventory search- The specific identities of some
chemical substances on the Inventory are confidential and therefore do not appear on the
Inventory available to the public. Such substances are described by generic names in the
Appendix to the Inventory. If a substance you intend to manufacture or import is not on the
published Inventory but falls within one of the generic categories in the Appendix, you may
request that EPA search the Inventory's confidential file. EPA will search the confidential file
only if you can demonstrate a bona fide intent to manufacture or import the substance. This
policy is to ensure that this search procedure cannot be used for, essentially, industrial espionage.
The procedure for demonstrating such a bona fide intent is codified at 40 CFR §720.25.
Certain information must be submitted with a bona fide request: an infrared spectrum must be
supplied unless this analysis is not suitable for the particular substance, in which case a spectrum
or instrument readout from a more appropriate method must be submitted; a currently correct
Chemical Abstracts (CA) Index name or CA preferred name, whichever is appropriate; a
currently correct Chemical Abstracts Service (CAS) register number (CASRN) (if the substance
already has a CASRN assigned to it); molecular formula and a complete or partial chemical
structure diagram if known or reasonably ascertainable; and a description of R&D activities that
have already been conducted (include, for example, years research conducted, end use
application, toxicity data, etc.). Three additional information requirements established in the
PMN Rule Amendments, published March 29, 1995 (60 Federal Register (FR) 60 pp.
16298-16351) for a TSCA Inventory search include: the most probable manufacturing site,
"major intended application or use" of the substance, and the approximate date when the
submitter would be likely to submit a §5 notice for the substance if it is not found in the
Inventory. If the substance is being imported, a statement should include: a) how long the
substance has been used outside of the U.S., b) name of the country(ies) in which the substance is
being used, and c) whether the substance has been used outside the U.S. for the same use as that
intended after proposed importation. No specific form is required to be used.
The address to which to send bonafide submissions (by US mail) is:

OPPT Document Control Officer

Mail Stop 7407

USEPA 1200 Pennsylvania Avenue, North West

Washington, DC 20460

The room at which bonafides are accepted is only open until 4 PM, and if a courier service
comes after that time it will be turned away. You need the physical address for sending a bona
fide by courier. You can give the courier the phone number (202) 564-8940 to call if there are
delivery problems:
OPPT Document Control Officer

Mail Stop 7407

TSCA Data Processing Center

Room 6428 EPA East

USEPA 1201 Constitution Avenue, North West

Washington, DC 20004-3302

After conducting its search, EPA will tell you if the substance is included on the Inventory
and therefore not subject to premanufacture notification or if you must submit a PMN.
B.

Who Must Submit A PMN

If you intend to manufacture or import a new chemical substance for a commercial
purpose, you must submit a PMN to EPA. You must submit a notice if you intend to import a
new substance in bulk form or as part of a mixture, but not if you intend to import the substance
only as part of an article. The use of the term "manufacture" in this manual includes both
manufacture and import. Importers must fully comply with the information requirements outlined
at 40 CFR §720. However, importers are not required, under §720.50(d)(3), to submit any data
which relates solely to exposure to humans or the environment outside the United States.
Importers must submit non-exposure data such as data on health effects (including
epidemiological studies), ecological effects, physical and chemical properties, or environmental
fate characteristics and (on sites under their control within the United States) exposure
information.
"Article" is defined at 40 CFR §720.3 as a manufactured item which: (1) is formed to a
specific shape or design during manufacture; (2) has an end use function(s) dependent in whole or
in part upon its shape or design during end use; and (3) either has no change of chemical
composition during its end-use or only those changes in composition which have no commercial
purpose separate from the article of which it is a part and that may occur as described in 40 CFR
§710.4(d)(5) and 40 CFR §720.30(h)(5). Articles are excluded from PMN requirements. Fluids
and particles do not meet the definition of an article and are therefore not excluded from
inventory reporting requirements. Therefore, all particles or fluids must be reported for the
purposes of TSCA unless they can be considered mixtures. Also, OPPT will consider items being
imported to be "articles" only if they are manufactured in a specific shape or design for a
particular end use application, and this design is maintained as an essential feature in the finished
product.

PMNs for imported new chemical substances should be submitted by the principal
importer. "Principal importer" is defined at 40 CFR §720.3(z). It is not necessarily the same as
"Importer of Record" under customs regulations.
Generally, when you contract with another person to manufacture a new chemical
substance, that person must submit the notice. However, if you request another person to
manufacture a new chemical substance, and if you specify the identity and total amount of the
substance to be manufactured and the basic technology and controls under which the substance
will be produced, and if that person manufactures the substance exclusively for you, that person is
considered a "toll manufacturer", and you must submit the notice. Information regarding human
exposure and environmental release should be submitted on EPA form 7710.25 in Part II, Section
A, Industrial Sites Controlled by the Submitter. EPA recognizes that in this and similar instances,
the other manufacturer may have information useful to the Agency's review of the new chemical.
Therefore, EPA strongly encourages joint submission in these situations.
This manual does not discuss biotechnology submission information requirements for uses
of microorganisms subject to the Toxic Substances Control Act (TSCA). For specific information
on submitting notices for biotechnology products please contact the Biotechnology Program in
the New Chemicals Notice Management Branch:
Biotechnology Program

New Chemicals Notice Management Branch

Chemical Control Division

Mail Stop 7405

USEPA, 1200 Pennsylvania Avenue, North West

Washington, D.C. 20460

For additional information on who must submit a notice, see 40 CFR §720.22 or consult a
Prenotice Coordinator. Prenotice Coordinators (see Contact List, Appendix C) are staff in the
New Chemicals Program who specialize in assisting with status questions and questions on how
to properly complete the notifications.
C.

Substances Excluded from Notification

1. Statutory Excluded Categories - §3(b) of the TSCA excludes certain substances from
premanufacture notification. These include mixtures (individual substances comprising the
mixtures are NOT exempted), substances manufactured solely for use as pesticides, food, food
additives, drugs, or cosmetics; tobacco and tobacco products; nuclear source materials; firearms
and ammunition; impurities; byproducts which have no commercial use; non-isolated
intermediates; and new chemical substances manufactured solely for export. Statutory exclusions
are covered also at 40 CFR §720.3(e) and (u) and through criteria at §§720.30(h)(3)-(h)(7).
2. Research and development (R&D) exemption - R&D includes synthesis of new chemical
substances for analysis, experimentation, or research on new or existing chemical substances,
including product development activities. R&D may include tests of the physical, chemical,

production, and performance characteristics of a substance.
You do not have to submit a notice for a new substance manufactured or imported in small
quantities solely for research and development as specified in 40 CFR §720.36. "Small
quantities" are those not greater than reasonably necessary for research and development
purposes. The quantity which is reasonable may vary depending on the nature of the research and
development activities. It is your responsibility to determine what is reasonable in your situation.
You do not have to apply for this exemption. However, you must submit a PMN 90 days before
you intend to manufacture the substance for a purpose other than research and development
undertaken in compliance with §720.36.
To qualify for the exemption, your research and development activities must be conducted
under the supervision of a technically qualified individual. Persons who engage in R&D for, or
obtain an R&D chemical from, a manufacturer must be notified of any risk to health which may
be associated with the chemical. However, R&D conducted entirely in laboratories under prudent
laboratory practices is exempted from the requirement for risk evaluation.
In accordance with 40 CFR §720.78, the following R&D records must be retained (also
see I-M, Recordkeeping): information reviewed and evaluated to determine the need to make any
notification of risk, documentation of the nature and method of risk notification, documentation
of prudent lab practices, if used instead of risk notification and evaluation and, if an R&D
substance is manufactured at greater than 100 kg/yr, records regarding the chemical identity of
the substance to the extent known, the production volume, and the disposition of the R&D
chemical substance must also be retained.
Manufacturers and importers who distribute an R&D substance to other persons must
provide those persons with written notification of known hazards and of the requirement that the
substance be used solely for R&D. For additional information on R&D requirements see the New
Chemical Information Bulletin: Exemptions for Research and Development and Test Marketing
available from the TSCA Assistance Information Service (TAIS, TSCA Hotline) (see Contact
List, Appendix C).
3. Test-marketing exemptions (TME) - You may apply for an exemption from premanufacture
notification if you plan to manufacture or import a new chemical substance for test-marketing.
Test-marketing involves the distribution of a predetermined limited amount of a chemical
substance, or of a mixture or article containing the chemical substance, to specified number of
customers to explore market acceptability before general distribution. The submitter needs to
show that the intended activity is not commercial production and is not appropriately considered
to be research and development.
To approve a test-marketing exemption application, the Agency must make an affirmative
finding that the new chemical substance will not present an unreasonable risk to health or the
environment during the test-marketing activities. 40 CFR §720.38 identifies the type of
information you should submit with a test-marketing exemption application. EPA must approve
or deny the application within 45 days. If you do not provide sufficient information for EPA to
make its determination, the Agency will deny the request. You should send applications for test-

marketing exemptions to the OPPT Document Control Officer (7407). You are not required, but
are encouraged, to use the PMN form for a TME application. For additional information on test
marketing requirements see the New Chemical Information Bulletin: Exemptions for Research
and Development and Test Marketing available from the TSCA hotline. Recordkeeping
requirements for a test-marketing exemption are discussed at I-M, Recordkeeping.
4. §5(h)(4) exemptions - Under §5(h)(4) of the Act, you may apply to EPA for an exemption
from some or all premanufacture notification requirements. EPA may grant an exemption if it
makes an affirmative finding that the manufacture, processing, distribution in commerce, use, or
disposal of the new substance will not present an unreasonable risk to health or the environment.
Unlike other exemptions, such as test marketing, EPA may only grant a §5(h)(4) exemption by
rule. In the rulemaking proceeding, the applicant should provide information sufficient to show
that the chemical substance will not present an unreasonable risk to health or the environment.
You should send applications for §5(h)(4) exemptions to the OPPT Document Control Officer
(7407). The following exemptions have been promulgated under §5(h)(4):
a. Low Volume Exemption (LVE) - Requirements for a LVE application are found at 40
CFR §723.50. This exemption is available for substances manufactured in quantities of
10,000 kg or less per year. Multiple LVEs can be issued to several manufacturers of a
single substance, however, second and subsequent applications will be evaluated in the
context of existing permitted exposures. Low volume substances are not added to the
TSCA Inventory. The notice must include the site of manufacture and proposed use of the
new chemical substance; these are legally binding upon the company. The manufacturer
may also provide information on exposure controls. If provided, any controls specified in
the notice are binding throughout the period of the exemption. EPA will grant the LVE if
it determines that the substance will not present an unreasonable risk of injury. The
review period for an LVE is 30 days, which can be extended if more information is
required.
Companies must notify the Agency within 30 days of a change of the site of manufacture
or application. Manufacturers (importers) must notify processors and industrial users that
the substance can be used only for the uses specified in the exemption notice.
Manufacturers must also notify processors and users of any exposure controls.
Recordkeeping requirements are discussed at I-M, Recordkeeping.
b. Polymer Exemption - Requirements for a Polymer Exemption can be found at 40
CFR §723.250. The exemption was first published at 60 Federal Register (FR) 60 pp.
16316-16336, and there is a useful discussion in the Preamble to that publication. This
exemption is available for certain classes of polymers which are not chemically active or
bioavailable. The manufacturers are not required to submit a polymer exemption notice to
EPA prior to manufacture, but must notify the Agency by 31 January for new materials
first manufactured in the preceding calendar year. Recordkeeping requirements are
discussed at I-M, Recordkeeping.
c. Low Release and Exposure (LoREX) Exemption - Eligibility for this exemption

category is independent of production volume level. Performance standards for this
exemption are set out in 40 CFR §723.50 (c) and include both absolute criteria (e.g., an
upper limit on surface water releases) and goals (e.g., no worker exposure). The notice
must include the site of manufacture and proposed use of the new chemical substance
which are legally binding upon the company. The applicant's exemption notice must
describe how exposures and releases of the new chemical substance compare to the
criteria of 40 CFR §723.50 (c). If the exemption is granted the applicant is responsible for
complying with the standards and with any controls or limitations specified in this
exemption notice. These requirements must be followed throughout the period of
exemption. LoREX exemption notices are subject to 30-day review periods by the
Agency. Recordkeeping requirements are discussed at I-M, Recordkeeping.
D.

When to Submit a Notice

You must submit a PMN at least 90 days before you begin to manufacture or import a new
chemical substance for a commercial purpose. You are required to submit a notice for LVE or
LoREX exemptions 30 days before you begin to manufacture or import a new chemical
substance, and 45 days before manufacture or importation under TME. If information additional
to that provided with the application is needed, these periods can be extended through suspension
requests. If your application is not denied, you will be able to initiate manufacture/import at the
end of these review periods. It is prudent for submitters who think their substances may be
subjected to required additional testing during PMN review to confer with the Agency before
submitting and to submit further in advance of their hoped-for start dates than the minimum
number of days for review, as additional testing will extend the Agency review period for the
PMN. To initiate this process contact a prenotice coordinator.
E.

Filling Out and Submitting the Form

Complete the §5 notice form EPA 7710-25 (rev. 5-95) using a typewriter or by printing
legibly in black ink. Information which is not submitted on a photocopy of the form available
from EPA (e.g., an electronically generated form created by utilizing form-making software) must
be in a format pre-approved by the Agency. Approval can be obtained by contacting:

OPPT Document Control Officer

Mail Stop 7407

USEPA 1200 Pennsylvania Avenue, North West

Washington, DC 20460

All information provided must be in English (Except that open-literature reports can be
submitted in their original languages: if data appears in the open scientific literature, the submitter
need only provide a standard literature citation. A standard literature citation includes author,
title, periodical name, date of publication, volume, and page numbers. The submitter can assist
the Agency by providing a photocopy of the article, if desired. This is the only exception to the
requirement that all information must be submitted in English). Provide all information requested

on the notice form to the extent that you know or can reasonably ascertain it. If you do not know
or cannot reasonably ascertain the information, enter "NK" ("not known"). Many submitters want
to know what is meant by "reasonably ascertainable". In general, the Agency views information
in the current literature, held by the submitter or a parent or subsidiary company, or held by a
supplier to be reasonably ascertainable.
Some staff members in large corporations have expressed concern for their personal
liability on information submission - that there can be information held by their organization
which a reasonable search will not uncover. As an example, a branch office of a parent company
may have called for a study of a substance and not have retained its results in the ordinary or
expected record locations, or a study of a family of substances undertaken for commercialization
of one of them may not be found when commercialization of another of those substances is later
undertaken. If you think you are in some danger that you might not find all of your company's
information about a substance on which you are preparing notification, you should document that
you made a serious search for information, which should have yielded all reasonably
ascertainable information, and keep a record of your search with your records of the submission.
You should be able to make available to an EPA inspector records showing: that you identified
where in your corporate organization (or your suppliers) the information might be, that you sent
requests for information to each site where you think the information might be kept, and that you
followed up with any non-responding site until you got a response. You should review all
applicable information on the substance, such as the Material Safety Data Sheet (MSDS) for the
existence of testing on the new chemical substance. It is helpful if there is a corporate
information policy to ensure that this sort of information is available to a responsible PMN
submitter.
You may submit continuation sheets for any subsection or item on the form. Head any
continuation sheet with: the TS-number or PC-number, if any; submitter name; and the number of
the question to which it is a supplement. Mark the appropriate box on the notice form if you
attach continuation sheets. You may photocopy the notice form, sections of the form, or this
manual as frequently as you need.
Form 7710-25 (rev. 5-95) is used for several different types of submissions. These
instructions are designed to guide submitters for each of them. Send your completed notice to the
Document Control Officer (DCO) for Office of Pollution Prevention and Toxics. If the notice is a
PMN or Significant New Use Notice (SNUN), send with original signatures and two copies (an
additional copy is required if any information is claimed to be confidential, and should be
submitted with the claimed-confidential information deleted ("redacted copy", "sanitized copy").
No copies are required if it is an application for a Test Market Exemption (TME), Low Volume
Exemption (LVE), or Low Release-Low Exposure Exemption (LoREX), except that if it contains
confidential business information (CBI) you must submit a redacted copy, which will be placed
for public viewing in the TSCA Nonconfidential Information Center, 202-566-0280 (open from
12m - 4pm daily):
TSCA Nonconfidential Information Center

Mail Stop 7407

EPA West, B-146

USEPA 1201 Constitution Avenue, North West
Washington DC 20460
The US Mail address for the DCO appears on page 1 of the form. The room at which
submissions are accepted is open from 8 am until 4 pm daily, and if a courier service arrives after
that time it will be turned away. For sending a notice by courier the address should include the
physical location:
OPPT Document Control Officer

Mail Stop 7407

TSCA Data Processing Center

Room 6248 EPA East

USEPA 1201 Constitution Avenue, North West

Washington, DC 20004-3302

You can give the courier the phone number (202) 564-8940 to call if there are delivery
problems.
A user fee must be remitted for PMN and SNUN §5 notices in accordance with 40 CFR
§700.45. You must create a unique alpha-numeric identification number ("TS-number") to
identify and link your notice with the remittance fee. This six digit number must be placed on the
first page of the form in the boxes that have been provided. This number must also be placed on
your fee remittance which is sent to:
EPA, Washington Financial Management Center (Mail Stop 3303)

P.O. 360399M

Pittsburgh, PA 15251-6399

Attn. TSCA User Fee

EPA uses a private bank in Pittsburgh to receive these fees. The bank will accept certified
checks, money orders and bank drafts only; after the bank has processed the payment, the TSNumber is sent to EPA Headquarters with certification that payment has been made. EPA
Headquarters then verifies that the appropriate remittance with a TS identification number
corresponds to a user fee identification number on a PMN and further processing of the notice
commences. However, if a problem arises in the payment procedure, (i.e., insufficient funds,
improper usage of the TS-number), the notice will be given incomplete notice status in
accordance with 40 CFR §720.65(c). The EPA will inform the submitter in writing if this action
is taken.
40 CFR §720.65 specifies administrative procedures applicable to incomplete notices in
general. The most frequent reason for a submission to be incomplete is a name which is not in
conformance with the Ninth Collective Index (9CI) of Chemical Abstracts nomenclature rules and
conventions (this definitive guide to CA nomenclature has been used since 1972.) If the notice is
declared incomplete, the review period has not begun no matter when in the initial review period
the notice is declared incomplete. Therefore, the review period begins again at day one when a

complete notice is received. However, EPA can choose to restart the clock on the day the notice
was declared incomplete if it determines that its review can be completed within the remaining
period. This decision is made case-by-case. See 40 CFR §720.65(c).
F.

Binding Boxes

The purpose of the binding option is to enable EPA (if necessary) to efficiently negotiate
with a PMN submitter the development of §5(e) consent orders and promulgate Significant New
Use Rules (SNURs) for those new chemical substances that the Agency determines may present
an unreasonable risk if certain control actions are not implemented. This option is intended to
reduce delays that can slow the development of consent orders absent such agreement. At one
time, SNURs were limited to environmental release activities and certain industrial, commercial,
or consumer activities, but now they can include other important activities, such as protection in
the workplace and hazard communications.
Control measures instituted by the submitter to reduce exposures and/or releases of the
substance may have a direct bearing on the Agency's conclusions regarding risk. Therefore, you
may wish to indicate your willingness to be bound to certain submitted information on the form
which is related to the issue of potential risk such as use, production volume, protective
equipment, engineering controls, and/or process description. By indicating your willingness to
make these commitments, you would be indicating an interest in future negotiations if the Agency
deems them necessary. In order to make your intentions known to EPA, mark in the "Binding
Option" box on the form located to the right of the appropriate information.
Should the Agency wish to discuss development of binding control measures for your
PMN, you will be contacted by a Program Manager and negotiations may ensue. Therefore,
indicating a willingness to be bound by the terms of your notice does not by itself prohibit the
submitter from deviating from the information (except chemical identity) reported in the form. In
the case of exemption applications (i.e. Test Market, Low Volume/Low Release, Low Exposure),
however, certain statements are automatically binding on the submitter when the Agency
approves the exemption applications.
G.

Test Data and Other Data

You are required to provide three copies of any test data on the health and environmental
effects of the new chemical substance, including data on physical/chemical properties, in your
possession or control, and a description of any other health and environmental effects data on the
substance known to or reasonably ascertainable by you. Data in the possession or control of
either a parent company or an affiliated subsidiary located outside the U.S. are considered by the
Agency to be data that should be known to or reasonably ascertainable by a submitter (see section
E, above). Data must be submitted in English. Standard literature citations may be submitted for
data in the open scientific literature. Complete test data (not summaries) must be submitted if
they do not appear in the open literature. Incomplete reports (e.g., from ongoing studies) are
exempt from full reporting. However, you must describe the nature and objective of any
incomplete study, report, or test, the name and address of any laboratory developing the data;

progress to date; type of data collected; significant preliminary results; and an anticipated
completion date. If significant preliminary results or final results are obtained prior to the
completion of the notice review period or any other additional information significant to the
review of the notice becomes available to you, you must submit this information within 10 days
of receipt, but no later than 5 days before the end of the review period. If information becomes
available during the last 5 days of the review period, you must immediately inform EPA by
telephone. Examples of the types of test data you must submit are provided in Appendix A of
this manual. In addition, a Physical and Chemical Properties Worksheet now appears on the last
page of the form. For additional information on health and safety studies and on submitting test
data, see 40 CFR §§720.3 and 720.50 of the Premanufacture Notification Rule. Attach test data
to the notice form and reference it by page number in Part III, List of Attachments.
You are not required to submit any data previously submitted to EPA with no claims of
confidentiality if you identify in your submission the office or person to whom you submitted the
data, the date it was submitted, and, if appropriate, a standard literature citation. If, however, you
submitted data with claims of confidentiality, you must resubmit the data with the notice and any
claim of confidentiality under 40 CFR §720.80. You also are not required to submit data related
solely to product efficacy. This exception does not apply to information required in the notice,
test data, or other data.
H.

Confidentiality

1. Asserting claims
You may assert a claim of confidentiality for any information submitted to EPA. To
assert confidentiality for specific information on the form (e.g., submitter identity, chemical
identity, or use information), mark in the "Confidential" or Confidential Business Information
(CBI) box on the form located to the right of the information. Also mark the box at the bottom of
page 1 of the form if any information in the notice was claimed as confidential in the form. As
noted above, a redacted copy of any §5 notice must be submitted with the notice, or it will be
declared incomplete by the Agency and returned to the submitter.
To assert confidentiality claims for information in attachments to the form, provide a
complete copy of the attachment that clearly indicates (e.g., by circling or bracketing) the
information you wish to claim as confidential. Bracket only the specific information you claim as
confidential. For example, if you submit a study which contains a physical or chemical property,
and it is only that property which you wish to claim as confidential, bracket only that property.
Do not simply stamp "Confidential" on the page which contains that property. You must also
clearly and specifically mark any confidentiality claims you wish to make for information or
correspondance subsequently submitted to EPA about your PMN, and you must provide a
redacted version for the public file.
If you claim the identity of the new chemical substance or its category of use as
confidential, you must provide a generic description of this information, as indicated in the
appropriate sections of the form. Guidance on developing generic names is given in Part 2 of this
manual in the Chemical Identity Information Section at Item 6.

To ensure that no confidential information is disclosed to the public, you must submit an
additional copy of the notice form, including attachments, which does not contain confidential
information. This version ("sanitized", "redacted") will be placed in the public file. It must
contain all non-confidential information, including health and safety studies. A health and safety
study means any study of any effect of a chemical substance or mixture on health or the
environment or on both, including underlying data and epidemiological studies, studies of
occupational exposure to a chemical substance or mixture, toxicological, clinical, and ecological,
or other studies of a chemical substance or mixture, and any test performed under the Act.
Information from health and safety studies which can be claimed confidential is quite
limited - this is discussed at 40 CFR §720.90. Chemical identity is assumed to be part of a health
and safety study. 40 CFR §720.90(b)(2) discusses the claims which must be made and
substantiated for chemical identity in a health study to be confidential: that disclosure would
reveal manufacturing or processing information, that it would disclose the fraction of a mixture
which the substance comprises, that the study could be interpreted without knowing the identity
of the substance, and that disclosure would have harmful competitive effects on the submitter.
Not only is information which arises as a result of a formal, disciplined study included,
but other information relating to the effects of a chemical substance or mixture on health or the
environment is also included. In sum, any data that bear on the effects of a chemical substance on
health or the environment would be included.) If you do not provide the sanitized copy with your
submission, the submission will be incomplete and the review period will not begin. If you
provide a subsequent amendment to your PMN or additional information/data, you must also
provide a non-confidential version for the public file.
2. Substantiating claims
You are not required to provide substantiation of any confidentiality claim when you
submit your notice. However, you must substantiate your claim of confidentiality for chemical
identity at the time you submit a Notice of Commencement of Manufacture (NOC), if you want
EPA to maintain your confidentiality claim after you begin manufacture. (NOC requirements are
described in 40 CFR §720.102 and in this manual.) To substantiate that claim, you must provide
EPA with detailed answers to the following questions which appear in the Premanufacture
Notification Rule [40 CFR §720.85(b)(3)(iv)]:
(A) What harmful effects to your competitive position, if any, do you think would result if EPA
publishes on the Inventory the identity of the chemical substance? How could a competitor use
such information given the fact that the identity of the substance otherwise would appear on the
Inventory of chemical substances with no link between the substance and your company or
industry? How substantial would the harmful effects of disclosure be? What is the causal
relationship between the disclosure and the harmful effects?
(B) For what period of time should confidential treatment be given? Until a specific date, the
occurrence of a specific event, or permanently? Why?
(C) Has the chemical substance been patented? If so, have you granted licenses to others with

respect to the patent as it applies to the chemical substance? If the chemical substance has been
patented and therefore disclosed through the patent, why should it be treated as confidential for
purposes of the Inventory?
(D) Has the identity of the chemical substance been kept confidential to the extent that your
competitors do not know it is being manufactured or imported for a commercial purpose by
anyone?
(E) Is the fact that someone is manufacturing or importing this chemical substance for
commercial purposes available to the public, e.g., in technical journals or other publications; in
libraries; or in State, local, or Federal agency public files?
(F) What measures have you taken to prevent undesired disclosure of the fact that you are
manufacturing or importing this substance for a commercial purpose?
(G) To what extent has the fact that you are manufacturing or importing this chemical substance
for a commercial purpose been disclosed to others? What precautions have you taken in regard to
these disclosures? Has this information been disclosed to the public or to competitors?
(H) In what form does this particular chemical substance leave the site of manufacture, e.g., as
part of a product; in an effluent or emission stream? If so, what measures have you taken to guard
against discovery of its identity?
(I) If the chemical substance leaves the site of manufacture in a product that is available to either
the public or your competitors, can they identify the substance by analyzing the product?
(J) For what purpose do you manufacture or import the substance?
(K) Has EPA, another Federal agency, or any Federal court made any pertinent confidentiality
determinations regarding this chemical substance? If so, copies of such determinations must be
included in the substantiation.
(L) If the notice includes a health and safety study concerning the new chemical substance, the
submitter must also answer the questions in 720.90(b)(2).
This substantiation must accompany your NOC. You may be required to substantiate
other confidentiality claims if EPA receives a Freedom of Information Act (FOIA) request on that
information.
I.

Consolidated Notices

If you are manufacturing two or more, but no more than six, structurally similar new
substances, you may contact a Prenotice Coordinator to obtain approval to submit a single
consolidated notice. A consolidated notice is suitable for chemical substances of similar
structure with the same or similar uses and which share similar test data and other information.
A consolidated notice must identify each new substance individually; you may not submit a

consolidated notice for an open-ended category. A separate chemical identity page must be
provided for each substance. A distinct Agency "PMN" number is assigned to each chemical.
You may not submit a consolidated notice for a series of intermediates and a final product (they
will not share common uses, test data, and other information).
EPA encourages you to submit consolidated notices when appropriate. You may submit a
consolidated notice only after you have received prior approval from a Prenotice Coordinator.
This request should concisely describe the chemical identity of each substance to be included in
your consolidated notice (note: you need not use names from the Inventory Expert Service of the
CAS to request approval for a consolidation, you need only to describe the chemical substances
well enough that EPA personnel can determine whether they are similar enough for combined
review. You must, however, use separately obtained Method I names for each substance in a
consolidation when PMN is submitted). Many requestors provide this information using the
chemical identity pages of the form or in a one page table format. Prenotice coordinators are
committed to quickly responding to a request for a consolidated notice; however, this will not
always be possible. Remember to enter your prenotice communications number in Part I, Section
A (3) (page 3) of the form.
J.

Submission of Information by Others

1. Submission by an agent - You may designate an agent to submit a §5 notice for you. Both
you and the agent must sign the certification on the form. You are responsible for ensuring that
all information known or reasonably ascertainable by you and all test data in your possession or
control are submitted to EPA. For information on submissions by agents, see 40 CFR §720.40(e).
2. Joint submissions - You may also prepare and submit a PMN with another person. A joint
submission may be useful where different persons have information required in the notice,
including a situation when another person has information fundamental to the notice, but wishes
to keep it confidential. For example, you may have information on the identity and the physical
and chemical properties of the new substance and another person may know its manufacturing
process and its intended use.
Each joint submitter must use a notice form and sign the certification on the form. Each
person must also assert all confidentiality claims as described in 40 CFR §720.80 and Part I of
this manual. However, you are not relieved of statutory notice requirements by arranging a joint
submission. You are required to complete all mandatory sections of the form to the extent that
you know or can reasonably ascertain the information, even if another person also submits
information for a certain section. If you submit a joint notice, the review period will not begin
until EPA has received all required parts of the notice. You should identify the joint submitter in
your notice and identify the section(s) which the person is submitting. See 40 CFR §720.40(e) for
additional information on joint submissions.
K.

Consultation with EPA Concerning the Premanufacture Notice

1. Before notice submission

a. General inquiries - General inquiries concerning the premanufacture notification
program which are not related to a specific chemical or notice should be directed to the
TSCA hotline (see Contact List, Appendix C). Copies of the PMN Rule, Instructions
Manual, notice form, and other materials relating to the Rule are available by contacting
the hotline. (These materials are also available at EPA regional offices.)
b. Specific inquiries - Specific inquiries concerning the PMN Rule, confidentiality, joint
submissions, consolidated notices, etc., should be directed to the Prenotice Coordinator.
You can contact the Prenotice Coordinator by telephone, facsimile, or email (see Contact
List, Appendix C)
2. During notice review - Upon receipt of the notice by the OPPT Document Control Officer
(DCO), the Agency will make an initial determination whether the notice is complete. The initial
determination looks to see that the notice contains all the items required on pages 4 through 8 of
the form and for apparent chemical identity problems. If no problems are seen, your form is
initially determined to be "complete", goes on for further review, and Day 1 of the 90-day review
period is assigned as the date of receipt by the DCO. Later and more detailed review can,
however, discover other additional information that has not been provided, and you can be
contacted to provide additional information at any time during the review period.
You will receive written notification if your notice is declared "incomplete" as described
at 40 CFR §720.65. If your notice is initially complete, you will receive an acknowledgment
letter telling you your notice number and the date of expiration of the review period. The
Inventory is searched to ensure that the substance for which the notice is submitted is not already
included on the TSCA Chemical Substance Inventory. If your chemical substance is on the
Inventory, you will be notified that your substance is not subject to premanufacture notification,
and that therefore you are free to begin manufacture immediately. If the substance is not on the
Inventory, and if the substance is not dropped from consideration at the Agency's initial review
meeting ("Focus Meeting", which takes place at approximately Day 20), a Program Manager will
be assigned to coordinate the review of the notice and to be your official contact with the Agency
throughout the remainder of the review period. Based on the Focus Meeting, it is possible to
declare the PMN "incomplete", usually for missing test data. Also during the review period, the
Program Manager may contact you for clarification of information you have provided in the
notice or if the Agency identifies issues of concern. If you are not contacted prior to the
expiration of the review period, you are free to commence manufacture of the substance identified
in your notice after the review period has expired. You can check the status of your submission at
the New Chemicals Internet site ("www.epa.gov/opptintr/newchms") after approximately day 30.
The Program Manager will also notify you before the review period expires if he/she will
extend the review period under TSCA §5(c) or if regulatory action is being considered on the new
substance under TSCA §5(e) or 5(f). 5(e) Consent Orders are typically issued with a follow-up
SNUR subsequently promulgated. In addition, a Program Manager will contact you if the
Agency plans to develop a non-5(e) SNUR (a case in which a 5(e) Consent Order does not
precede the development of a SNUR) on the chemical substance identified in your notice.
L.

Notice of Commencement (NOC) of Manufacture (or Import) (40 CFR §720.102)

If EPA has not taken any action to regulate the new chemical substance during the review
period, you may begin manufacturing the new chemical substance upon expiration of the review
period. EPA requires that you notify the Agency by using EPA form 7710-56, no later than 30
calendar days after the first day of such manufacture or import for non-exempt commercial
purposes (for import, Day 1 is the date the material clears US Customs).
Your NOC must be sent to the OPPT Document Control Officer (Mail Stop 7407). In
your NOC, you must provide the specific chemical identity of the substance, its PMN number, the
site of first manufacture or import, and the date when manufacture or import began. You must
also substantiate a confidentiality claim for chemical identity in your letter, as described above at
"2. Substantiating Claims" if you want EPA to maintain the claim after you begin manufacture or
import. See 40 CFR §720.85(b) for further information on substantiating confidentiality claims.
M.

Recordkeeping

Recordkeeping requirements for submissions under §5 of TSCA, and for exemptions from
submission, are found in several different sections of the CFR.
PMN or SNUN: 40 CFR §720.78 (a) requires that you retain documentation of
information for a PMN or SNUN for five years from the date of commencement of manufacture.
The records you must retain include (1) information supporting the information supplied on the
notice form, (2) other data, as defined in 40 CFR §720.50 (b), in your possession or control, (3)
production volume for the first three years of production or import, and documentation to support
your stated production volume, and (4) date of commencement of manufacture, and
documentation to support your stated date. You are not required to develop information solely for
recordkeeping purposes, but only to retain information you have obtained or developed in the
course of completing your submission.
Research and Development: 40 CFR §720.78 (b) requires that if you manufacture a new
chemical substance under the exemption for substances manufactured solely for research and
development, you must retain documentation of compliance with the exemption until five years
after they are developed.
Test-Marketing Exemption: 40 CFR §720.78 (c) requires that if you manufacture under
a test-marketing exemption under TSCA, you must retain documentation of information in the
application and documentation of your compliance with any restrictions imposed by EPA when it
granted the application until five years after the final date of manufacture or import under the
exemption.
LVE or LoREX: 40 CFR §723.50(n) requires that each manufacturer of a new substance
reported under the terms of a low volume or LoREX exemption must maintain records of 1) the
annual production volume of the new chemical substance under the exemption, and 2)
documentation of information in the exemption notice in compliance with the terms of the
exemption. Records must be retained for five years after date of their preparation.
Polymer Exemption: 40 CFR §723.250(j) requires that a manufacturer of a polymer

made under the terms of the polymer exemption must maintain records for five years from the
date of commencement of manufacture for: the production volume for the first three years of
manufacture, the date of commencement of manufacture, documentation of the information
provided above, documentation of any other information provided in the notice, such as
information that demonstrates that the new polymer is not specifically excluded from the
exemption and the polymer meets the exemption criteria.
N. Recognition of Pollution Prevention and Recycling Benefits
During the course of its review, the Agency will be considering whether the activities
surrounding the manufacture, processing, use, and disposal of the substance identified in the
notice may present an unreasonable risk of injury to human health or the environment.
It is important, also, that EPA acquire information regarding any technological, risk
reduction, or environmental benefits which may be possible if the new chemical being reported is
introduced in commerce, and this information can in some cases enable the Agency to approve
substances otherwise doubtful. Therefore, PMN submitters are encouraged to complete and
provide the optional information on pollution prevention on page 11 of the form. By submitting
information describing the positive pollution prevention aspects of your PMN substance, you may
achieve two possible benefits: first, the pollution prevention information may enable EPA to
regulate the substance less stringently than it would have absent the information, and second, the
pollution prevention information may be chosen by the Agency for affirmative recognition as part
of the EPA New Chemicals Pollution Prevention Recognition Project.
In the Agency's EPA New Chemicals Pollution Prevention Recognition Project, EPA
seeks to promote safer new chemicals and processes, providing several forms of recognition,
including a letter from the Director of OPPT, inclusion in a listing of recognized chemical
substances on the OPPT Internet Homepage, and other positive publicity. If you want the Agency
to consider your PMN substance for this recognition, you must explicitly request to be considered
in your response at (OPTIONAL) POLLUTION PREVENTION AND RECYCLING
INFORMATION and identify the pollution prevention merits of your PMN substance. To the
extent that you think it helpful for Agency consideration, EPA strongly encourages you to (1)
submit actual test data on the PMN substance to substantiate any pollution prevention claims you
assert and (2) minimize claims of confidentiality claims to facilitate publicity regarding the PMN
substance.
For example, the EPA will consider any information on methods used to minimize
potential risks associated with the new substance through source reduction or recycling. Some of
the benefits for which information may be provided are a reduction in the volume manufactured, a
reduction in the generation of waste materials, a reduction in exposure and/or environmental
release or increased performance and/or operation efficiency of the new chemical substance in
comparison to existing chemical substances used in similar applications. Recycling activities
include reclamation of useful chemical components from wastes that would otherwise be released
as air emissions, water discharges or land releases during manufacture, process or use. All
descriptions may be quantitative or qualitative.

The "Optional Pollution Prevention Information" page of the PMN requests optional
information that will be used in the evaluation of the new chemical substance and to compare the
relative risks and benefits of the substance as a substitute for substances with similar uses
currently on the market. PMN submitters are encouraged to report any and all relevant
information not reported elsewhere in the PMN which they believe to be important to a thorough
regulatory decision. The page provides submitters with the opportunity to describe pollution
prevention and risk reduction options considered by the company in regard to the submission. A
useful format for presenting such information is provided at Section II of this Manual. Providing
this pollution prevention information to EPA may benefit PMN submitters by reducing regulatory
controls and/or testing requirements, if the pollution prevention information sufficiently mitigates
EPA's concerns for the toxicity, human exposure, or environmental releases of the PMN
substance. EPA considers this information in line with the strictures of the Pollution Prevention
Act of 1990.
Under the Pollution Prevention Act of 1990 (PPA), Congress established a national policy
that: (a) pollution should be prevented or reduced at the source whenever feasible, (b) pollution
that cannot be prevented should be recycled in an environmentally safe manner whenever
feasible, and, (c) disposal or other release into the environment should be employed only as a last
resort and should be conducted in an environmentally safe manner.
EPA defines "pollution prevention" to mean "source reduction," as defined under the PPA,
and other practices that reduce or eliminate the creation of pollutants through; (a) increased
efficiency in the use of raw materials, energy, water, or other resources, or, (b) protection of
natural resources by conservation.
The PPA defines "source reduction" to mean any practice which: (a) reduces the amount
of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise
released into the environment (including fugitive emissions) prior to recycling, treatment, or
disposal, and, (b) reduces the hazards to workers, public health, and the environment associated
with the release of such substances, pollutants, or contaminants.
The term includes: equipment or technology modifications, process or procedure
modifications, reformulation or redesign of products, substitution of raw materials, and
improvements in housekeeping, maintenance, training, or inventory control. The term "...does not
include any practice which alters the physical, chemical, or biological characteristics or the
volume of a hazardous substance, pollutant, or contaminant through a process which itself is not
integral to and necessary for the production of a product or the providing of a service" (Sec.
3(5)(B)). Thus, end of pipeline controls, such as thermal oxidizers, incinerators, or waste water
treatment systems are not defined as "source reduction".
EPA is interested in information on how improved processes for handling individual new
chemical substances may reduce potential exposures and releases of specific PMN substances.
Submitters may include a discussion of Pollution Prevention/Risk Reduction measures actually
selected for implementation and the rationale for the selection. Submitters are encouraged to
consider and include information comparing the releases and exposures for various process
options considered but not selected, anticipated reductions in releases and exposures which can be

expected in the production of the PMN substance as compared to an existing chemical substance,
and how the PMN substance and/or the product in which it is used may compare favorably with
existing chemicals in terms of pollution prevention. Submitters may also describe other pollution
prevention-related advantages, such as process modifications, increases in product life or
durability, or decreased energy consumption, etc. A set of questions to address these concerns is
put forward in Section II of this Manual.
EPA is also interested in information describing possible reductions in toxicity, and
human exposure, as well as environmental release of a new chemical substance, as compared to
those of already commercialized chemical substances for which the new substance may
substitute. Such information may demonstrate that the new chemical substance is a viable safer
substitute for an existing chemical substance.
Voluntary submission of pollution prevention information is not intended to negatively
affect the outcome of EPA's review of the Premanufacture Notification. When risk reductions are
documented, the information will be carefully considered during EPA's review of the PMN.
Based on the information, EPA may reduce or eliminate anticipated exposure controls and testing
requirements which would ordinarily have been imposed by the Agency. Completion of this
section is also important if you wish your substance to be considered for the EPA New Chemicals
Pollution Prevention Recognition Project.
Reference Material
EPA's new "Facility Pollution Prevention Guide", a successor to the 1988 "Waste
Minimization Opportunity Assessment Manual", is available to help firms develop broad-based
multimedia pollution prevention programs. Worksheets and other information are included to
help facilities identify, assess, and implement opportunities for preventing pollution, including
methods of controlling waste creation during the production process, as well as product design
and redesign. Developed by EPA's Pollution Prevention Research Branch, and Office of Solid
Waste, the Guide (Doc. No. EPA/600/R-92/088) can be ordered by mail from:
EPA Center for Environmental Research

Information Publications Unit

26 W. Martin Luther King Drive

Cincinnati, OH, 45268

(800) 490-9198

II. PAGE-BY-PAGE INSTRUCTIONS FOR COMPLETING EPA FORM 7710-25 (rev. 5-95)
THE TSCA §5 NEW CHEMICALS PROGRAM PREMANUFACTURE NOTICE FORM
Page 1: Identify Type of Notice, Your Submission
Total Number of Pages: Give total pages as submitted, including attachments.
TS-number: The submitter chooses this number. It is used by the bank which receives money for
EPA when it notifies the Agency that the fee has been received, and also to enable us to assemble
the parts of a submission when additional communications (letters of support, joint submissions,
corrections) are sent before a PMN/LVE number has been assigned. There are six spaces in the
TS-number block on the PMN form. We have actually had duplication of TS-numbers, and these
instructions have been revised to add some new requirements to make duplication less likely in
future: your TS-number must be a 6-character alphanumeric. It should include 2, 3, or 4 letters.
One or more numerals must be interposed between two letters (that is, LLNNLL, LNNNLL,
NNLLNL, NLNLNL are okay, LLLNNN, NNNNLL are not). We recommend against company
names, recognizable words and numerical series (ROY01X, X01DOW are not good ideas). The
TS-number should be unique to this submission from your company, do not give this number to a
subsequent submission. If we get a TS-number with a submission and it does not comport with
this guidance, we will call the submitter and ask for a new number which does.
Confidentiality Claims: Check this box if ANY information in the form is claimed confidential.
Test and Other Data: Indicate which types of data are included with the PMN.
Type of Notice: Please check the type of notice submitted.
Check "PMN" if the application is for a standard, final-product new chemical substance
for placement on the TSCA Inventory.
The "Intermediate PMN" box should be checked if this notice is for a chemical substance
which is an intermediate used in the production of a final product for which a separate notice is
submitted simultaneously, and for which the submitter has no intention of making a separate, nonintermediate use. In addition, the intermediate PMN must identify the final product. Separate
user fee identification numbers must be generated for and appear on each notice; although a
single check may be remitted bearing all user fee identification numbers for a sequence of
intermediate(s) and final product. "Certification", below, discusses fees paid by small
manufacturers. For further information on "intermediate PMNs" see 40 CFR §§700.43 and
700.45(b)(2)(ii).
The "Significant New Use Notice" (SNUN) box should be marked for any notice that is
submitted in accordance with a SNUR.
The "Test Marketing Exemption Application" (TMEA) box should be marked for any

notice submitted in accordance with the criteria listed in 40 CFR §720.38. You are not required
to use form 7710-25 (rev. 5-95) to submit a TMEA, but it is encouraged.
Boxes are also provided to identify your submission as an application for either a "Low
Volume Exemption" (LVE) [see 40 CFR §723.50(c)(1)] or a "Low Release/ Low Exposure
Exemption" (LoREX) [see 40 CFR §723.50(c)(2)]. These exemptions must be requested through
use of the PMN form. Modifications for earlier approved requests for either of these exemptions
are requested by checking the modification box on the first page of the PMN form.
For an application to modify an LVE or LoREX exemption, a submitter is not required to
provide again information which was submitted in a previously approved exemption. Each page
from the application on which some information has changed, and a new signature page, must be
provided. An application for an LVE for a substance which had been the subject of a prior LVE
which had been submitted before the amendments of March 29, 1995, however, is a new
application and the full form 7710-25 must be submitted.
If this notice is for a consolidated PMN, the number of chemicals (two or more, but no
more than six) included in the notice should be entered on page one in the space provided. A
separate PMN number is assigned to each chemical substance identified in a consolidated notice.
Approval for a consolidated PMN notice must be obtained from the Prenotice Coordinator prior
to submission. You are required to identify the Prenotice Communication number you were given
when your consolidation was approved on page 3, question 3 of the form. Further information on
submitting a consolidated notice is provided at Section I, Part I of this manual.
Page 2 Certification
The official named in Part 1, Section A of the form, as the person submitting the notice,
must sign the certification on page 2 of the notice form. This official is responsible for the truth
and accuracy of each statement in the certification. If an agent assists you in preparing the notice,
the agent must also sign the certification. All signatures must be original, and in ink.
In addition, the submitter must check certain "user fee" certification statements as
appropriate as required at 40 CFR §700. For a PMN, consolidated PMN or SNUN, a fee is
required: if the submitter is a small business it must remit the fee identified in either 40 CFR
§700.45(b)(1) (small business concerns remit a fee of $100). If the submitter is not a small
business it must remit the fee identified at 40 CFR §700.45(b)(2) (all non-"small" submitters
remit a fee of $2,500 for final products, $1,000 if the submission is for an intermediate and is
submitted with the application for the final product).
A small business concern is one whose total annual sales (include all sites, including those
owned or controlled by a foreign or domestic parent company) are below $40 million for the
fiscal year preceding the date of the submission of the applicable §5 notice (see 40 CFR §700.43).
When using the PMN form to submit a LVE or LOREX application in accordance with 40
CFR §723.50, all three of the corresponding certification statement boxes must be checked to
acknowledge that you will manufacture under the terms of the exemption. In addition, a

submitter of an LVE application must certify that the manufacturer intends to commence
manufacture of the proposed exempted substance for commercial purposes within 1 year of the
date of expiration of the 30 day review period. There is no fee for an LVE or LOREX.
Part I -- GENERAL INFORMATION
Section A - Submitter Identification (Page 3)
1a. Person submitting notice - Enter information on the official who signed the general
certification.
b. Agent - Complete only if you authorize an agent to assist you in preparing this notice. The
agent must also sign the certification as noted above.
If you mark the "Confidential" box next to items a or b, all information in the item will be
treated as confidential.
c. Mark the box if your submission is a joint submission. Identify in Part I, Section A (1)(c) the
name of the joint submitter who is authorized by the U.S. submitter to provide some of the
information required in the notice. For additional information on joint submissions, see part I,
section J of this Manual. A notice will not be considered complete until all information is
received by the Agency. If information from multiple parties will not be sent to the Agency in the
same package, use your TS user identification number to link multiple notices. You can generate
a TS-number solely to link submissions, even for a no-fee exemption. If you don't generate a TSnumber you should ask a prenotice coordinater to issue a prenotice communication number for
this purpose.
Mark the "Confidential" box next to item c if you wish this information to be treated as
confidential.
If you authorize another person (e.g., a foreign manufacturer or supplier) to provide
information, such as, confidentially held tradename chemical substance identification directly to
EPA, indicate which information will be supplied by the other person. Identify that person by
name, company, and address in a continuation sheet. That person's identity may be claimed as
confidential. A letter of support for your notice should be provided by the joint submitter on its
company letterhead. A notice will be considered incomplete until this information is provided.
Whenever possible use your TS-User Identification Number to link this information.
2. Technical contact - Identify a person who can provide EPA with additional information on
the new chemical substance during the notice review period. The technical contact identified
should be located in the United States and be available to be reached by telephone during normal
business hours. If you mark the "Confidential" box next to this subsection, all information in it
will be treated as confidential.
3. Provide any prenotice communication number assigned to your prenotice inquiry. In addition,
see Section II, Part E of this manual for further information on submission of a consolidated PMN

that requires a prenotice consultation.
4. Provide the exemption number assigned for any previous exemption application submitted for
the chemical substance covered by this notice. It is especially important for an exemption
modification request that you provide the EPA assigned exemption number from your original
exemption application. Also, provide a previously assigned PMN number, if any, for the
chemical substance.
5.

Self-explanatory.

6. Mark to indicate whether you intend to manufacture or import the new chemical substance or
both manufacture and import. Use the optional binding box to indicate your willingness to be
bound to either import or domestic manufacture only.
Section B - Chemical Identity Information (Pages 4-6)
Submitters of PMN and exemption notices are required to provide the currently correct
Chemical Abstract (CA) name for the substance(s) identified in the notice based on the Ninth
Collective Index (9CI) of CA nomenclature rules and conventions, and consistent with listings for
similar substances in the Inventory. EPA must receive complete and unambiguous identification
of the new chemical substance. If the substance is not adequately identified, the submission will
not meet statutory requirements and the notice review period will not begin. If a principal
importer does not know the specific identity of the new substance, the submitter must contact the
foreign manufacturer or supplier and have the specific chemical identity information required in
the PMN provided directly to EPA. In this way, foreign manufacturers can protect confidential
business information. The same holds true for U.S. manufacturers reporting chemical substances
using a generic or trade name to identify a component of the new chemical substance. The
submitter of the new chemical substance must have the supplier provide chemical identity
information directly to EPA before the notice can be considered complete. This information may
be provided in a letter of support from the supplier or as a joint submission between the two
companies. A letter of support should be provided on the supplier company's letterhead. See Part
I, Section J(2) of this manual on how and when to file a joint submission. Since a letter of
support or a joint submission may be received separately by the Agency, an identification number
such as a TS-user fee number or a Prenotice Communications number should be used to link a
PMN with information from a supplier or foreign manufacturer. The identical identification
number should appear on both pieces of correspondence submitted to EPA; otherwise, there can
be a delay in processing the PMN.
The type of chemical identity information required in the notice depends on whether the
substance is a Class 1 or Class 2 substance or a polymer. A Class 1 chemical substance is a
substance whose composition, except for impurities, can be represented by a definite chemical
structural diagram. For Class 1 substances, a name that is consistent with the nomenclature rules
and conventions of the 9th Collective Index of the Chemical Abstracts Service (CAS) and with
current TSCA Inventory listings must be provided. Examples of such substances are 1,3butadiene, benzene, and sodium chloride.

A Class 2 chemical substance is a substance whose composition cannot be easily
represented by a definite chemical structural diagram. Such a substance is generally derived from
natural sources or complex reactions. Its composition may be complex, difficult to characterize,
and variable. For Class 2 substances and polymers, a CA Index Name or CA Preferred Name
must be provided. In addition, for a Class 2 substance, the notice must identify the immediate
chemical precursors and reactants by specific chemical name and Chemical Abstracts Service
Registry Number (CASRN), if the number is available. Trade names or generic names of
chemical precursors or reactants are not acceptable as substitutes for specific chemical names.
Unacceptable names would include, e.g., "chlorinated naphthalene", "glycerol monoester of
hydrogenated cottonseed oil acids", or a "reaction product of x, y, z".
A polymer is a substance composed of molecules characterized by the regular or irregular
repetition of one or more types of identical monomeric units. In most cases, the number of
monomeric units is quite large and not precisely known.
If the substance is clearly a Class 1 or 2 substance, then items a-d of Question 1 on Page 4
must be properly completed. If the substance has been named as a polymer (whether the
Exemption Rule requirements are met, or not), then items a-c of Question 2 on Page 5 must be
addressed and answered completely. If you are uncertain whether the chemical substance is a
Class 1 or 2 substance or a polymer, then both Questions 1 and 2 on Pages 4 and 5 should be
completed in full, or contact the Prenotice Coordinator for further assistance. If the variability of
the composition of a reaction product is too complex to be described as distinct individual
components, then reaction product nomenclature is employed. If, however, components of a
reaction product can be readily identified and will always be present in the reaction product, then
the components should be specifically identified and may be listed individually on the TSCA
Inventory. All reaction products may be reported as Class 2 substances.
Submitters may obtain the correct chemical identity of the PMN substance through the
Chemical Abstracts Service (CAS) Inventory Expert Service (so-called Method 1) or from any
other source (so-called Method 2). Consolidations MUST be submitted with Method 1 names. A
notice submitter must identify in the chemical identity section which method they used to report
the substance's identity. For Method 1, a copy of the CAS report must be attached to the notice.
Submitters who choose to develop their own chemical identity are cautioned that the Agency will
consider submissions incomplete and thus delay their review if incorrect nomenclature is received
from a source other than CAS. If the Inventory Expert Service has been used, the Agency will
work with the IES to agree on a name, and the review period will not be affected. Use of CAS
services other than the Inventory Expert Service, including CAS' Registry Service, will also be
considered Method 2. In all cases, each chemical substance in a consolidated submission must be
identified by Method I.
1. Class 1 or Class 2 chemical substances (Page 4)
a. Mark the appropriate class.
b. Enter the specific chemical name of the new chemical substance.

For a Class 1 substance, the name must be a clear description of a unique substance. In
describing the chemical substance, the EPA requires Chemical Abstracts Service (CAS) chemical
nomenclature be used for identification purposes when it is available. There is a separate box in
question one, item c on page 4 for entry of the CAS number. The Agency encourages submitters
to have contact with CAS prior to submission in order to obtain concise chemical identity
information. Use the CAS standard rules of chemical nomenclature to identify the new substance.
Identify the positions of attachment of chemical groups or of unsaturation, if any, by using
locants. The chemical name should contain all of the information known about the details of the
structure and should permit the drawing of an unambiguous chemical structural diagram.
The chemical name of a Class 2 substance must describe the chemical substance as
completely as possible. In some cases, the name may be similar to the names used to describe
Class 1 compounds, but it should indicate the substance's multiple components. For example,
"polychlorinated biphenyl" indicates a composition that has multiple components varying both in
the number and the placement of the substituent chlorine atoms. In other cases, the best possible
name may only identify the substance as a reaction product of specified reactants, for example,
"anhydrosorbitol monoester of hydrogenated castor oil acids".
c. Provide a molecular formula that gives the identity and number of atoms of each
element contained in the molecule. For example, C6H6 is the molecular formula for benzene.
When the substance is not molecular or when the exact number of atoms in the molecule is
indefinite, such as the infinite crystal sodium chloride, give the relative numbers of each element's
atoms. You are required to enter the CAS registry number, if one has been assigned to the
substance.
d. For a Class 1 substance, provide a structural diagram. The diagram should clearly indicate
the identity of the atoms and the nature of bonds joining the atoms. Any ionic charges or
stereochemistry should be shown clearly. In the description of the nature of the reaction or
process, as much specific detail as possible should be provided on the reaction conditions, (i.e.
temperature, time, etc.) and on the relative amounts of reactants. All known stereochemical
details should be provided. Carbon atoms in ring systems and their attached hydrogen atoms need
not be explicitly shown. Where applicable, specify the proportions of isomers or tautomeric
forms, degree of neutralization, etc.
For a Class 2 substance:
(1) List the immediate precursor substances by chemical name and CAS Registry Number (if
known).
(2) For substances prepared by chemical reaction, describe the nature of the reaction or
process. A description should appear in the form of a reaction scheme:
A + B ))))))))> C
The nature of the reaction must be described as specifically as possible (e.g., acetylation,
alkaline hydrolysis, diazotization). For substances that have been produced without chemical

reaction (e.g., by chemical extraction from a natural source), specify the source, the production
process, and the nature of the product.
(3) If you intend to manufacture a Class 2 chemical substance within a limited range of possible
compositions, report the range. For example, a manufacturer filing a notice for chlorinated
naphthalene might specify a compositional range of 20-40 percent chlorine by weight. In
determining the range, you may have to consider the reaction conditions, the catalyst, or the
purification process that may be used to produce the substance, and other factors. You should
provide the range of composition in weight percent for each specific component or class of
components that you intend to manufacture for commercial purposes. Indicate the typical
composition or any actual values for samples.
(4) Provide as complete a structural diagram as possible. The diagram should indicate the
characteristic structure or variable compositional elements of the substance.
2. Polymers

(Page 5)

Submitters should be aware of the PMN filing exemption, applicable to some polymers
and useful to some manufacturers. The regulations for this exemption are at 40 CFR §723.250.
Persons intending to manufacture polymers, and who have determined that their polymers do not
meet the requirements of the exemption should file a PMN or LVE/LoREX. Persons intending to
manufacture polymers, and who have determined that, for business reasons, an Inventory listing
for their substance is desirable, should file a PMN.
a. Indicate the lowest number-average molecular weight of any composition of the polymer you
intend to manufacture. Identify the method you used to make this determination (e.g., vapor
pressure osmometry or other colligative property determinations, gel-permeation
chromatography, light scattering, or various correlative techniques). If you have not determined
number-average molecular weight by analytical methods, briefly explain the basis for your
estimate. Indicate the maximum weight percent of low molecular weight species below 500 and
below 1,000 absolute molecular weight. Include the weight of oligomeric reaction products
(including molecules formed that are not polymer molecules) in your determination but do not
include the weight of residual monomers or other reactants. Attach test data with two copies
supporting your estimate. If you do not have actual test data, provide an estimate and describe the
basis for the estimate. NOTE: The lowest number-average molecular weight is NOT the lowest
MW of any component of the polymer mixture, but the lowest number average of several samples
of the same polymer, run over time.
b. Column (1) - Monomer or other reactant and CAS Registry Number You are required to
provide the chemical name and CAS Registry Number of each reactant used in the manufacture of
the polymer or incorporated into the polymer, including those used or incorporated at 2 weight
percent or less. Reactants include monomers, free radical initiators, and cross-linking, chain
transfer, and other reactive agents that are used intentionally to become chemically a part of the
polymer composition. If a prepolymer is used in the manufacture of the polymer, list the
prepolymer and its CASRN as charged into the reaction vessel. If prepolymer compositional
information is available to the submitter, identify by bracketing or another method the monomers

which are components of the prepolymer. If compositional information of the prepolymer is not
available to the submitter or if the prepolymer is represented for purposes of TSCA by a structural
repeating unit (SRU) name (examples include silicones and polyethoxylated and -propoxylated
substances), you should identify the prepolymer as it is listed in the TSCA Inventory. Solvents,
emulsifiers, and non-reacting components should not be listed.
Column (2) - CBI claim.
Column (3) - % of reactant, typical composition: For each reactant (including monomers),
indicate its typical weight percent in the polymer. The weight percent can be determined in one
of two ways: according to the weight of the reactant charged to the reaction vessel or the weight
of the chemically combined (incorporated) reactant in the polymer. For the first method, the
weight percent of a reactant is the weight of the reactant charged to the reactor divided by the
weight of the polymeric chemical manufactured (times 100). Thus, the weight percent of reactant
A of a polymer manufactured from reactants A, B, and C is the weight of A charged to the reactor
divided by the dry weight of the polymer A-B-C (times 100). For the second method, the weight
percent of the reactant using the "incorporated method" is determined using theoretical
calculations of the minimum weight of monomer or other reactant necessary to account for the
polymer's actual weight. Manufacturers must maintain analytical data or theoretical calculations
to demonstrate their determination.
Please note that zero per cent is NEVER an acceptable level of a feedstock, if that
feedstock is part of the chemical identity. To describe a substance as including "0-30%" of a
given feedstock will only result in getting the PMN returned for a better identity. If you are
notifying for a substance for which a feedstock will vary from very low levels you can enter ">030%" or "trace-30%" without, as you will if you enter "0-30%", forcing a new identity. "0 - 2%",
however, would be acceptable for a chemical that is not part of the ID and is not marked in the ID
field).
If you use a prepolymer in the manufacture of the polymer, you must determine the weight
percent of its component reactants. For example, the weight percent of E used in the manufacture
of a polymer (using the "amount charged" method) from reactants A, B, and C and prepolymer
D-E is the total weight of monomer E in the prepolymer D-E used divided by the weight of the
polymer A-B-C-D-E manufactured (times 100). You must provide the identity and typical weight
percent of each monomer and other reactant used in the manufacture of the polymer regardless of
the weight percent at which it is used. If you will typically manufacture the polymer using a
reactant in a range of weight composition, you may indicate the range of weight percent instead
of the typical weight percent.
Column (4) - Identity Mark: Reactants used or incorporated at greater than 2 weight percent
in the manufacture of the polymer are included as part of the description of the polymer listed on
the TSCA Chemical Substance Inventory. However, you can choose to include a reactant used or
incorporated at 2 weight percent or less in the Inventory description of the polymer by marking
this column. Mark the identity column if you want a reactant present or incorporated at 2 weight
percent or less to be included in the description of the polymer which is added to the Inventory.

Column (5) - CBI claim.
Column (6) - maximum weight percent present: Indicate the maximum weight percent of
each reactant that may be present as a residual (unreacted material) in the polymer as
manufactured for commercial purposes.
Column (7) - CBI claim.
Note that you must make separate confidentiality claims for reactant identity,
composition information, and residual reactant information.
c.
Identify which method you used to develop or obtain the specified chemical identity Method 1, CAS Inventory Expert Service (a copy of the identification report obtained from CAS
Inventory Expert Service must be submitted as an attachment to the notice), or Method 2, other
than CAS Inventory Expert Service.
d.
Correct Chemical Abstracts (CA) name for the polymer that is consistent with TSCA
Inventory listings for similar polymers.
e. Provide a simple, representative structural diagram that illustrates what you know or can
reasonably ascertain concerning the key structural features of the polymer molecules. For
example, you could identify the linkages formed during polymerization, the functional groups
present, the range and typical values for the number of repeating structural units, and the relative
molar ratios of the precursors. Indicate if the repeating substructures are arranged in a
nonrandom order such as in graft or block arrangements. For example:

O

2

O

2

HO-R-O-(C-R'-C-O-R-O)n-H
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