Exemptions Not Requiring Prior Notice to the EPA

Byproducts that have no commercial use, or that are commercially used by pubhc or private organizations only (i) to burn as a fuel, (ii) for disposal as a waste including landfilling and to enrich soil, or (iii) to extract components for commercial purposes are exempt from the PMN and significant new use rule (SNUR) requirements.  

Manufacturers of byproducts must be especially wary about distributing their byproducts. If there are no non-exempt commercial uses, the byproducts are not required to be on the Inventory, but it may be difficult for a manufacturer that is distributing a byproduct for an exempt use to ensure that all the uses to which the byproduct is put are exempt. If there are any non-exempt uses, the manufacturer is responsible for fifing a PMN ° and subject to potentially significant penalties for failure to file one. As a result, manufacturers should contractually restrict the uses to which their byproducts are put unless the byproducts are on the Inventory. 

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