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Notification of Chemicals Imported Within Last Ten Years Required Under EPA Proposal

Thursday, January 19, 2017
Sandler, Travis & Rosenberg Trade Report

As part of its implementation of the amendments to the Toxic Substances Control Act made by the Chemical Safety for the 21st Century Act, the Environmental Protection Agency has issued the first of several anticipated proposed rules intended to help administer a new process of prioritizing and evaluating chemical substances.

This proposal would require electronic notification of chemical substances on the TSCA Inventory that were imported or manufactured for non-exempt commercial purposes during the ten-year period ending June 21, 2016, to be submitted within 180 days after a final rule is published. Notifications for chemical substances processed during that period would be accepted but not required. Properly notified substances would be designated as active in U.S. commerce.

Persons intending to import, manufacture, or process a substance designated as inactive for a non-exempt purpose would have to notify the EPA in advance. For chemical substances initially designated as inactive, the proposed rule would require electronic notification within 30 days of any expected resumption of the importing, manufacturing, or processing of those substances for non-exempt commercial purposes.

This rule would establish the manner in which notifications must be submitted, the details of the notification requirements, notification exemptions, and procedures for handling claims of confidentiality. Comments on this proposal are due no later than March 14.

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