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Advance Notice Required for Imports of 22 Chemical Substances

Friday, June 05, 2015
Sandler, Travis & Rosenberg Trade Report

The Environmental Protection Agency has issued a direct final rule that will impose import restrictions on 22 chemical substances that were the subject of a premanufacture notice. This rule requires persons who intend to manufacture (including import) or process any of these 22 substances for an activity that is designated as a significant new use by this rule to notify the EPA at least 90 days before commencing that activity. This required notification will provide the EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

The substances subject to this rule are used as heat transfer fluids, flame retardants for industrial plastics, reactants in polymerization reactions, coating resins, water clarifier intermediates, additives for pesticide and fertilizer formulations, binder resins for electronic materials, industrial leather softeners, components for light-emitting diode chips, morphology modifiers for plastics, components for industrial inks and dyes, lubricant additives, intermediates for polymer production, and other uses.

Importers must certify that shipments of these chemical substances comply with all applicable rules and orders under the Toxic Substances Control Act, including any significant new use rule requirements. In addition, any persons who export or intend to export any of these chemical substances are subject to the export notification provisions of 15 USC 2611(b) and must comply with the export notification requirements in 40 CFR part 707, subpart D.

This rule will be effective as of Aug. 4 unless written adverse or critical comments (or notice of intent to submit such) are received by July 6, in which case the EPA will withdraw the relevant sections of this rule before its effective date.

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