Background

The Environmental Protection Agency is accepting comments through Sept. 24 on a proposed rule that would require persons who intend to manufacture (including import) or process any of three chemical substances 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 or in non-dispersive use additives for industrial or textile activity and perfumes.

 

Under this rule, importing, manufacturing, or processing 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 Sept. 24 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 has revoked the significant new use rule for a chemical substance identified generically as alpha 1,3-polysaccharide. As a result, effective Sept. 24 persons who export or intend to export this chemical will no longer be subject to the 2611(b) export notification requirements.

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