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Advance Notice Requirement for Imports of 28 Chemical Substances Withdrawn

Monday, November 19, 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The Environmental Protection Agency has withdrawn a direct final rule that would have required persons who intend to manufacture (including import) or process any of 28 specified chemical substances for an activity designated as a significant new use by that rule to notify the EPA at least 90 days before commencing that activity. The EPA received adverse comments and a request to extend the comment period regarding this rule.

Instead, the EPA will now proceed with a proposed rule that would ultimately impose the same requirements if finalized.

- Persons could not commence manufacture or processing for a significant new use until the EPA conducts a review of the advance notice, makes an appropriate determination, and takes 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.

- Persons who export or intend to export any of these substances 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.

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