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EPA Delays Advance Notice Requirement for Imports of 27 Chemical Substances

Friday, October 12, 2018
Sandler, Travis & Rosenberg Trade Report

The Environmental Protection Agency has withdrawn a direct final rule that would have required persons who intend to manufacture (including import) or process any of 27 specified chemical substances for an activity designated as a significant new use by this rule to notify the EPA at least 90 days before commencing that activity. The EPA received adverse comments relating to these substances, which will be addressed in a forthcoming final rule.

Once the final rule takes effect, importers will have to certify that shipments of these substances comply with all applicable rules and orders under the Toxic Substances Control Act, including any SNUR requirements. In addition, any persons who export or intend to export any of these substances on or after the effective date of the final rule will be subject to the export notification provisions of 15 USC 2611(b) and have to comply with the export notification requirements in 40 CFR part 707, subpart D.

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