U.S. EPA, Draft Criteria Statement (A Working Paper) on Exclusion Provisions in §§710.4(d)(7) and 720.30(h)(7) (July 6, 1992) (ELR Order No. AD-474)

• Author: Carolyne R. Hathaway/William K. Rawson/Ann Claassen/Julia A. Hatcher
• Pages: 531-531

Draft Criteria Statement on Exclusion Provisions in TSCA §§710.4(d)(7) and 720.30(h)(7) Page 531

Draft Criteria Statement (A Working

Paper) on Exclusion Provisions in

TSCA §§710.4(d)(7) and 720.30(h)(7)

EPA

7/6/92

Criteria Statement (A Working Paper)

Section 710.4(d)(7) of the Inventory Reporti ng Rule

and Section 720.30(h)(7) of the PMN Rule exclude

from the reporting requi rements certa in chemical

substances th at may form from chemical reactions that

involve other substances use d in manufacturing and

processing operations. Such subs tances are frequently

used to improve the conditions under which spec ic

chemical substa nces are manufactured, or to ensure

the optimal perform ance of a commercial product.

e basic principles governing the a forementioned

exclusion provisions can be found in t he introductory

paragraph of 40 CFR 710.4(d) which states:

“[hellip] Although they a re considered to be

manufacture d or processed for a commercia l

purpose [hellip], they are not manu factured or

processed for distr ibution in commerce as chem-

ical substanc es per se and have no commercial

purpose separate f rom the substance , mixture, or

article of which the y may be a part.”

e same basic principles can a lso be found in the

introductory parag raph of 720.30(h) of the PMN

Rule.

ese principles establish t he basis which determines

whether a chemical subst ance is reportable under

the Inventory Reporting Ru le or the PMN Rule. An

excluded substance must not be ma nufactu red or

processed for distr ibution in commerce as a chemic al

substance per se, and must h ave no commercial pur-

pose separate from the subst ance, mixture, article, or

formulation of which it may be a part. ere fore, in

determining whet her a certai n chemical substance is

excluded under the provisions of 40 CFR 710.7(d)(7)

or 720.30(h)(7), one must consider whether that sub-

stance ful ly satises these criteria.

While he term “chemical sub stance” is dened in the

Act and in the Inventory and PMN reg ulations, a

chemical substa nce per se is not specically dened.

EPA interprets this term to mean a subst ance that is

manufacture d for its own sake, i.e., the subs tance itself

is intended to provide the primary proper ties that

determine the commercia l use of the product or prod-

uct mixture of wh ich it is a part. Fur thermore, such a

substance ca n function independently as a commercial

product.

Whether a substa nce is formed from an incidenta l or

an intended reaction is not a factor th at determines

the reportability of t hat substance. In fact, many sub-

stances excluded under t he provisions of 710.4(d)(7)

or 720.30(h)(7) are actually ma nufactured from an

intended reaction.

For the purpose of 40 CFR 710.4(d)(7) and 40 CFR

720.30(h)(7), an excluded substance is one that meet s

the following conditions:

1. e substance is formed from a chem ical reac-

tion that involves the use of a substa nce of the

type describe d under 40 CFR 710.4(d)(7) or 40

CFR 720.30(h)(7);

2. e substance does not fu nction to provide the

primary propert ies that determ ine the use of

the product or product mixture d istributed in

commerce, even though it may impa rt certain

physicochemical cha racteristics to the product

or product mixture of which it is a pa rt; and

3. e substance is not itself t he one intended for

distribution in commerce. A lthough it may be

a component of the product mixture or for-

mulation actual ly distributed in commerce, it

has no commercial pur pose separate from the

product mixture or formulat ion of which it is a

component.

In certain c ases, the primary funct ion of the substance

distributed in commerce is provide d by its immediate

precursor, and the reaction that form s the substance

is intended solely to impart cert ain physicochemical

properties to the product or product mix ture rather

than to produce the substa nce itself. In such cases, the

substance is not considered to be ma nufactu red or pro-

cessed for distr ibution in commerce as a chem ical sub-

stance per se, even if it is t he product or the principal

component of the product mixture or formulat ion dis-

tributed in commerce. e immed iate precursor that

actually provide s the primary function is considered

to be distributed in commerce a s a chemical substance

per se.