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Expansion of Advance Import Notice Requirement for Chemicals Used in Carpets Still Under Consideration

Monday, March 16, 2015
Sandler, Travis & Rosenberg Trade Report

The Environmental Protection Agency is extending from March 23 through June 26 the deadline for comments on a proposed rule that would expand current import restrictions on certain long-chain perfluoroalkyl carboxylate (LCPFAC) and perfluoroalkyl sulfonate (PFAS) chemical substances.

LCPFAC Substances. The EPA is proposing to amend a significant new use rule for LCPFAC chemical substances by designating as a significant new use manufacturing (including importing) or processing of (a) an identified subset of LCPFAC chemical substances for any use that will not be ongoing after Dec. 31, 2015, and (b) all other LCPFAC chemical substances for which there are currently no ongoing uses. For this SNUR, the EPA is also proposing to make inapplicable the exemption for persons who import LCPFAC chemical substances as part of articles.

PFAS Substances. The EPA is also proposing to amend a SNUR for PFAS chemical substances to make inapplicable the exemption for persons who import PFAS chemical substances as part of carpets.

Notification Requirements. Persons subject to these amended SNURs would be required to notify the EPA at least 90 days before commencing such manufacture or processing. The required notifications would provide the EPA with the opportunity to evaluate the intended use and, if necessary, to protect against potential unreasonable risks from that activity before it occurs.

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