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Reviewing New Chemicals under the Toxic Substances Control Act (TSCA)

Successor Transfer Forms under TSCA Section 5

Learn about transferring a company's rights and liabilities to a successor under TSCA Section 5

"Transfer Notice" forms authorize successor rights and liabilities of manufacture of new chemicals subject to prior TSCA section 5 notices.

  • In general, section 5(e) Consent Orders signed after mid-1996 contain "successor liability" requirements including submission of a "Notice of Transfer" form, whereas Orders issued before then do not.
  • For older Orders lacking a "Notice of Transfer" form, EPA recommends using the section 5(e) Consent Order Transfer Notice form
  • Note that EPA's policy is that section 5(e) Consent Orders may be transferred from the original Company to a Successor in Interest only after EPA receives a notice of commencement of manufacture or import ("NOC") for the PMN substance from the Company pursuant to 40 CFR 720.102.
  • If the transfer from the Company to the Successor in Interest is effective before EPA receives a NOC for the PMN substance from the Company pursuant to 40 CFR 720.102, the Successor in Interest must submit a new PMN to EPA and comply fully with section 5(a)(1) of TSCA and 40 CFR part 720 before commencing manufacture of the PMN substance.
  • Since there is no pre-manufacture submission required for the polymer exemption after May 1995, no such transfer notice form is provided here. However, for transfers of polymer exemptions that commenced manufacture after May 1995, it is recommended that the successor should submit to EPA a new polymer exemption report per 40 CFR 723.250(f) by January 31 of the year subsequent to initial manufacture of the chemical substance by the successor.
  • Due to their short-term nature, EPA views Test Market Exemptions under 40 CFR 720.38 as non-transferable; thus there is no form to transfer a TME.

The following are the "Notice of Transfer" forms to submit to EPA:

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