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Advance Notice Requirement Proposed for Imports of 15 Chemical Substances

Wednesday, October 01, 2014
Sandler, Travis & Rosenberg Trade Report

The Environmental Protection Agency is seeking comments through Dec. 2 on a proposed rule that would impose import restrictions on 15 related chemical substances commonly known as nonylphenols and nonylphenol ethoxylates. 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 new uses and protect against unreasonable risks (if any) from potential new exposures to NPs and NPEs before that activity occurs.

Importers of chemical substances subject to this rule would have to certify their compliance 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 a chemical substance that is the subject of this proposed rule on or after Oct. 31 would be subject to the export notification provisions of 15 USC 2611(b) and would have to comply with the export notification requirements in 40 CFR part 707, subpart D.

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