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Imports of 66 Chemical Substances Could Require Advance Notice

Friday, November 16, 2018
Sandler, Travis & Rosenberg Trade Report

The Environmental Protection Agency has issued a proposed rule that would require persons who intend to manufacture (including import) or process any of 66 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. Persons could not commence manufacture or processing for the significant new use until the EPA has conducted a review of the notice, made an appropriate determination, and taken such actions as are required with that determination.

Importers would 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 Dec. 17 would 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.

Comments on this proposed rule are due no later than Dec. 31.

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