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Advance Notice Requirement Proposed for Imports of Three Chemical Substances

Monday, February 10, 2014
Sandler, Travis & Rosenberg Trade Report

The Environmental Protection Agency has issued a proposed rule that would establish import restrictions on three chemical substances that were the subject of premanufacture notices. These substances are used as flame retardants/plasticizers in polymers and extreme pressure lubricants in metal working fluids. Comments on this proposed rule are due no later than April 11.

Under this rule, persons who intend to import, manufacture or process any of these substances for an activity that is designated as a significant new use by this rule would have to notify EPA at least 90 days before commencing that activity. This notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

In addition, persons who begin commercial manufacture or processing of the chemical substances for a significant new used identified as of Feb. 10 would have to cease any such activity upon the effective date of the final rule. To resume such activities, these persons would have to first comply with all applicable SNUR notification requirements and wait until the notice review period, including any extensions, expires.

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