Background

The Environmental Protection Agency is accepting comments through May 18 on a proposed rule that would require persons who intend to manufacture (including import) or process any of three 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 as intermediates; surfactants for liquid dish and laundry soap and industrial hand wash; and pigments in exterior paints and plastics.

Under this rule, imports, manufacturing, or 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 risk management actions as are required by 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 May 18 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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