Background

The Environmental Protection Agency has issued a final rule that, effective May 19, will require persons who intend to import, manufacture, or process any of 11 specified chemical substances (see attached for complete 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. Persons may not commence importation, 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 must 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 April 20 are subject to the export notification provisions of 15 USC 2611(b) and must comply with the export notification requirements in 40 CFR part 707, subpart D.

Separately, the EPA is proposing to revoke the significant new use rule for a chemical substance identified generically as alpha 1,3-polysaccharide. If this revocation becomes effective, persons who export or intend to export this chemical would no longer be subject to the 2611(b) export notification requirements at 40 CFR part 707.

Comments on this proposal are due no later than May 1.

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