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Imports of Seven Chemical Substances Could Require Advance Notice

Monday, October 14, 2019
Sandler, Travis & Rosenberg Trade Report

The Environmental Protection Agency is accepting comments through Nov. 7 on a proposed rule that would require persons who intend to import, manufacture, or process any of seven chemical substances (see attached for full list) 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 substances at issue are used in the manufacture of polyurethane, monoethylene glycol, adhesives, polyvinyl chloride, rubber products, consumer cleaning products, plastic products, and flow cells.

Under this rule, imports, manufacturing, and processing of these substances for a significant new use could not be commenced until the EPA has conducted a review of the advance 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 Nov. 7 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.

Separately, the EPA is withdrawing a previous proposed SNUR with respect to the chemical substance generically described as aromatic dibenzoate.

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