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Title 40: Protection of Environment

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PART 700—GENERAL 

Section Contents

Subparts A–B [Reserved]

Subpart C—Fees

§ 700.40 Purpose and applicability.

§ 700.41 Radon user fees.

§ 700.43 Definitions.

§ 700.45 Fee payments.

§ 700.49 Failure to remit fees.

Authority: 15 U.S.C. 2625 and 2665. 

Source: 53 FR 31252, Aug. 17, 1988, unless otherwise noted. 

Subparts A–B [Reserved] 

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Subpart C—Fees 

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§ 700.40 Purpose and applicability. 

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(a) Purpose. The purpose of this subpart is to collect fees from manufacturers, importers, and 

processors who submit notices and applications to EPA under section 5 of the Toxic Substances Control 

Act (15 U.S.C. 2604) to defray part of EPA's cost of administering the Act. 

(b) Applicability. This subpart applies to all manufacturers, importers, and processors who submit certain 

notices and applications to EPA under section 5 of the Act. 

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§ 700.41 Radon user fees. 

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User fees relating to radon proficiency programs authorized under the Toxic Substances Control Act 

appear at 40 CFR part 195. 

[59 FR 13177, Mar. 18, 1994] 

§ 700.43 Definitions. 

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Definitions in section 3 of the Act (15 U.S.C. 2602), as well as definitions contained in §§704.3, 720.3, 

and 725.3 of this chapter, apply to this subpart unless otherwise specified in this section. In addition, the 

following definitions apply: 

Consolidated microbial commercial activity notice or consolidated MCAN means any MCAN submitted to 

EPA that covers more than one microorganism (each being assigned a separate MCAN number by 

EPA) as a result of a prenotice agreement with EPA. 

Consolidated premanufacture notice or consolidated PMN means any PMN submitted to EPA that 

covers more than one chemical substance (each being assigned a separate PMN number by EPA) as a 

result of a prenotice agreement with EPA ( See 48 FR 21734). 

Exemption application means any application submitted to EPA under section 5(h)(2) of the Act. 

Exemption notice means any notice submitted to EPA under §723.175 of this chapter. 

Final product means a new chemical substance (as “new chemical substance” is defined in §720.3 of 

this chapter) that is manufactured by a person for distribution in commerce, or for use by the person 

other than as an intermediate. 

Intermediate premanufacture notice or intermediate PMN means any PMN submitted to EPA for a 

chemical substance which is an intermediate (as “intermediate” is defined in §720.3 of this chapter) in 

the production of a final product, provided that the PMN for the intermediate is submitted to EPA at the 

same time as, and together with, the PMN for the final product and that the PMN for the intermediate 

identifies the final product and describes the chemical reactions leading from the intermediate to the final 

product. If PMNs are submitted to EPA at the same time for several intermediates used in the production 

of a final product, each of those is an intermediate PMN if they all identify the final product and every 

other associated intermediate PMN and are submitted to EPA at the same time as, and together with, 

the PMN for the final product. 

Joint submitters means two or more persons who submit a section 5 notice together. 

Microbial commercial activity notice or MCAN means any notice for microorganisms submitted to EPA 

pursuant to section 5(a)(1) of the Act in accordance with subpart D of part 725 of this chapter. 

Person means a manufacturer, importer, or processor. 

Premanufacture notice or PMN means any notice submitted to EPA pursuant to section 5(a)(1)(A) of the 

Act in accordance with part 720 of this chapter or §723.250 of this chapter. 

Section 5 notice means any PMN, consolidated PMN, intermediate PMN, significant new use notice, 

exemption notice, exemption application, any MCAN or consolidated MCAN submitted under section 5 

of the Act. 

Significant new use notice means any notice submitted to EPA pursuant to section 5(a)(1)(B) of the Act 

in accordance with part 721 of this chapter. 

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Small business concern means any person whose total annual sales in the person's fiscal year 

preceding the date of the submission of the applicable section 5 notice, when combined with those of 

the parent company (if any), are less than $40 million. 

[53 FR 31252, Aug. 17, 1988, as amended at 62 FR 17931, April 11, 1997] 

§ 700.45 Fee payments. 

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(a) Persons who must pay fees. Persons submitting a section 5 notice to EPA shall remit for each such 

notice the appropriate fee identified in paragraph (b) of this section in accordance with the procedures in 

paragraph (e) of this section. 

(b) Fees. Persons shall remit fee payments to EPA as follows: 

(1) Small business concerns. Small business concerns shall remit a fee of $100 for each section 5 notice 

submitted. 

(2) Others. Persons other than small business concerns shall remit fees according to the type of section 

5 notice as follows: 

(i) Premanufacture notices and consolidated premanufacture notices. Persons shall remit a fee of 

$2,500 for each PMN or consolidated PMN submitted. 

(ii) Intermediate premanufacture notices. Persons shall remit a fee of $1,000 for each intermediate PMN. 

However, for the PMN for the final product the person shall submit the fee in paragraph (b)(2)(i) of this 

section. 

(iii) Significant new use notices. Persons shall remit a fee of $2,500 for each significant new use notice 

submitted. 

(iv) Exemption applications. Persons shall remit a fee of $2,500 for each exemption application 

submitted under section 5(h)(2) of the Act. 

(v) Exemption notices. Persons shall remit a fee of $2,500 for each exemption notice submitted under 

§723.175 of this chapter. 

(vi) MCAN and consolidated MCAN. Persons shall remit a fee of $2,500 for each MCAN or consolidated 

MCAN submitted. 

(c) No fee required. Persons are exempt from remitting any fee for submissions under §§720.38, 723.50, 

and subparts E, F, and G of part 725 of this chapter. 

(d) Joint submitters. Joint submitters of a section 5 notice are required to remit the appropriate fee 

identified in paragraph (b) of this section for each section 5 notice regardless of the number of joint 

submitters for that notice. To qualify for the fee identified in paragraph (b)(1) of this section, each joint 

submitter of a section 5 notice must qualify as a small business concern under §700.43. 

(e) Remittance procedure. (1) Each remittance under this section shall be in United States currency and 

shall be paid by money order, bank draft, or certified check drawn to the order of the Environmental 

Protection Agency. 

(2) Each remittance shall be sent to the Environmental Protection Agency, HQ Accounting Operations 

Branch (PM–226), P.O. 360399M, Pittsburgh, PA 15251–6399, ATTN: TSCA User Fee. 

(3) Persons who submit a section 5 notice shall place a unique identifying number, which must include 

the letters “TS” followed by a combination of 6 numbers (letters may be substituted for some numbers), 

on the front page of each section 5 notice submitted. The same identifying number and the submitter's 

name must appear on the corresponding fee remittance under this section. If a remittance applies to 

more than one section 5 notice, the person shall include the name of the submitter, the identifying 

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number for each section 5 notice to which the remittance applies, and the amount of the remittance 

which applies to each notice. Any remittance not having the identifying name and number described 

above will be returned to the remitter. 

(4)(i) Each person who remits the fee identified in paragraph (b)(1) of this section for a PMN, 

consolidated PMN, intermediate PMN, or significant new use notice shall write or type the words, “The 

company named in part 1, section A is a small business concern under 40 CFR 700.43 and has remitted 

a fee of $100 in accordance with 40 CFR 700.45(b).” under “CERTIFICATION” on Page 2 of the 

Premanufacture Notice for New Chemical Substances (EPA Form 7710–25 (4–26–83)). 

(ii) Each person who remits the fee identified in paragraph (b)(1) of this section for an exemption 

application under section 5(h)(2) of the Act shall include the words, “Each company identified in this 

application is a small business concern under 40 CFR 700.43 and has remitted a fee of $100 in 

accordance with 40 CFR 700.45(b).” in the exemption application. 

(iii) Each person who remits the fee identified in paragraph (b)(1) of this section for an exemption notice 

under §723.175 of this chapter shall include the words, “Each company identified in this notice is a small 

business concern under 40 CFR 700.43 and has remitted a fee of $100 in accordance with 40 CFR 

700.45(b).” in the certification required in §723.175(i)(1)(x) of this chapter. 

(iv) Each person who remits the fee identified in paragraph (b)(1) of this section for a MCAN for a 

microorganism shall include the words, “The company identified in this notice is a small business 

concern under 40 CFR 700.43 and has remitted a fee of $100 in accordance with 40 CFR 700.45(d),” in 

the certification required in §725.25(b) of this chapter. 

(5)(i) Each person who remits a fee identified in paragraph (b)(2) of this section for a PMN, consolidated 

PMN, intermediate PMN, or significant new use notice shall write or type the words, “The company 

named in part 1, section A has remitted the fee specified in 40 CFR 700.45(b).” under 

“CERTIFICATION” on page 2 of the Premanufacture Notice for New Chemical Substances (EPA Form 

7710–25 (4–26–83)). 

(ii) Each person who remits the fee identified in paragraph (b)(2) of this section for an exemption 

application under section (5)(h)(2) of the Act shall include the words, “Each company identified in this 

application has remitted a fee of $2,500 in accordance with 40 CFR 700.45(b).” in the exemption 

application. 

(iii) Each person who remits the fee identified in paragraph (b)(2) of this section for an exemption notice 

under §723.175 of this chapter shall include the words, “Each company identified in this notice has 

remitted a fee of $2,500 in accordance with 40 CFR 700.45(b).” in the certification required in §723.175

(i)(1)(x) of this chapter. 

(iv) Each person who remits a fee identified in paragraph (b)(2) of this section for a MCAN for a 

microorganism shall include the words, “The company identified in this notice has remitted the fee 

specified in 40 CFR 700.45(b),” in the certification required in §725.25(b) of this chapter. 

(f) Fee refunds. EPA will refund any fee paid for a section 5 notice whenever the Agency determines: 

(1) That the chemical substance that is the subject of a PMN, intermediate PMN, exemption application, 

or exemption notice is not a new chemical substance as of the date of submission of the notice. 

(2) In the case of a significant new use notice, that the notice was not required. 

(3) The notice is incomplete under either §720.65(c) or 725.33, of this chapter. 

(4) That as of the date of submission of the notice: the microorganism that is the subject of a MCAN is 

not a new microorganism; nor is the use involving the microorganism a significant new use. 

[53 FR 31252, Aug. 17, 1988, as amended at 54 FR 21429, May 18, 1989; 58 FR 34204, June 23, 1993; 

62 FR 17932, April 11, 1997] 

§ 700.49 Failure to remit fees. 

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EPA will not consider a section 5 notice to be complete unless the appropriate certification under 

§700.45(e) is included and until the appropriate remittance under §700.45(b) has been sent to EPA as 

provided in §700.45(e) and received by EPA. EPA will notify the submitter that the section 5 notice is 

incomplete in accordance with §§720.65(c) and 725.33 of this chapter. 

[62 FR 17932, April 11, 1997] 

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