40 CFR §725.424

1. (a)Conditions of exemption. The manufacture or import of a new microorganism for commercial purposes is not subject to review under this part if all of the following conditions are met for all activities involving the new microorganism:
   1. (1)The recipient microorganism is listed in and meets any requirements specified in § 725.420.
   2. (2)The introduced genetic material meets the criteria under § 725.421.
   3. (3)The physical containment and control technologies of any facility in which the microorganism will be manufactured, processed, or used meet the criteria under § 725.422.
   4. (4)The manufacturer or importer submits a certification described in paragraph (b) of this section to EPA at least 10 days before commencing initial manufacture or import of a new microorganism derived from a recipient microorganism listed in § 725.420.
   5. (5)The manufacturer or importer complies with the recordkeeping requirements of § 725.65 and maintains records for the initial and subsequent uses of the new microorganism that verify compliance with the following:
      1. (i)The certifications made in paragraph (b) of this section.
      2. (ii)All the eligibility criteria for the Tier I exemption including the criteria for the recipient microorganism, the introduced genetic material, the physical containment and control technologies.
2. (b)Certification. To be eligible for the Tier I exemption under this subpart, the manufacturer or importer must submit to EPA a document signed by a responsible company official containing the information listed in this paragraph.
   1. (1)Name and address of manufacturer or importer.
   2. (2)Date when manufacture or import is expected to begin.
   3. (3)The identification (genus, species) of the recipient microorganism listed in § 725.420 which is being used to create the new microorganism which will be used under the conditions of the Tier I exemption.
   4. (4)Certification of the following:
      1. (i)Compliance with the introduced genetic material criteria described in § 725.421.
      2. (ii)Compliance with the containment requirements described in § 725.422, including the provision in paragraph (a)(3) of this section.
   5. (5)The site of waste disposal and the type of permits for disposal, the permit numbers and the institutions issuing the permits.
   6. (6)The certification statement required in § 725.25(b). Certification of submission of test data is not required for the Tier I exemption.