Chemicals

TSCA and the Intent to Manufacture

If you need to determine if a specific carbon nanotube is on the TSCA confidential inventory, you can submit a Bona Fide Intent to Manufacture or Import.

The required contents of bona fide intents are listed at 40 CFR 720.25 and are intended to substantiate that a company genuinely intends to manufacture the substance and is not seeking access to chemical identities protected by EPA. Required contents of a bona fide intent include:

  • The specific chemical identity of the substance that the person intends to manufacture or import, using the current correct Chemical Abstract name for the substance and other correct chemical identity information as specified in 40 CFR 720.45(a) (1), (2), and (3).
  • A signed statement indicating that the person intends to manufacture or import that chemical substance for commercial purposes.
  • A brief description of the research and development activities conducted to date related to the substance, including the year in which the person first started to conduct research or development activity on the substance and the general types of research and development activities conducted thus far. The person must also indicate whether any pilot plant or production-scale plant evaluations have been conducted involving the manufacture or processing of the substance.
  • If an importer is unable to provide the information requested in the previous bulleted item, the importer must submit a brief statement indicating how long the substance has been in commercial use outside of the United States, the name of a country in which it has been commercially used, and whether the importer believes that the substance has already been used commercially in any country for the same purpose or application that the importer is intending.
  • A specific description of the major intended application or use of the substance.
  • An infrared spectrum of the substance or alternative spectra or other data that identify the substance if infrared analysis is not suitable for the substance or does not yield a reasonable amount of structural information.
  • The estimated month and year in which the person intends to submit a PMN for this substance if EPA informs the notice submitter that the substance is not on the inventory.
  • The address of the facility under the control of the submitter at which the manufacture or processing of the substance would most likely occur. For an imported substance, the facility under the control of the importer at which processing of the substance would likely occur, if any.
  • For substances intended to be manufactured in the United States, a description of the most probable manufacturing process that would be used by the submitter to produce the substance for nonexempt commercial purposes.
  • For substances intended to be imported, a brief description of how the submitter is most likely to process or use the substance for a commercial purpose.
  • If an importer cannot provide the required chemical identity information because it is claimed confidential by its foreign manufacturer or supplier, the foreign manufacturer or supplier must supply the required information directly to EPA.
  • If a manufacturer cannot provide all required chemical identity information because the new chemical substance is manufactured using a reactant that has a specific chemical identity claimed as confidential by its supplier, the notice must contain chemical identity information that is as complete as known by the manufacturer. In addition, a letter of support for the notice must then be sent to EPA by the chemical supplier of the confidential reactant, providing the specific chemical identity of the proprietary reactant.

If the substance is found on the confidential inventory, EPA will contact the person who originally reported the substance of the intention of another entity to manufacture it.

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