Exemptions Requiring Prior Notice to the EPA

In addition to the self-executing exemptions from the PMN requirements discussed in this chapter, 5(h) of TSCA gives EPA the authority to 

26(c) of TSCA allows the EPA to take action with respect to any category of chemical substances if TSCA authorizes such action with respect to an individual chemical that is part of that chemical category. 

TSCA 12(b) 15 U.S.C. 261 fib). It is unUkely that a substance subject to a TME, LVE, or LoREX exemption would be subject to a test rule to trigger these export notification requirements. The TME is time Umited, so it is likely such an exemption would expire prior to the issuance of any test rule, and with respect to chemicals marketed under an LVE or LoREX exemption, the EPA retains significant authority to revoke those exemptions, which is a quicker route to imposing restrictions than rulemaking. 

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Generators who store PCB wastes on a temporary basis for up to 30 days from the date of their removal from service in a maimer consistent with regulation are exempt from the requirement to provide prior notice of PCB waste activity and to file EPA Form 7710-53. In such instances the generator is deemed to have received the identification number 40 C.F.R. PART 761 for use on manifests. This exemption is limited to temporary storage of ... 

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