Background

The Environmental Protection Agency has begun accepting export notifications required under the Toxic Substances Control Act through its electronic document submission system, the Central Data Exchange. Export notifications may still be submitted in hard copy as well.

According to the EPA, exporters must submit a notice for each country to which a chemical subject to TSCA section 12(b) requirements is exported. Specifically, any person who exports or intends to export to a foreign country a chemical substance or mixture for which submission of information is required under TSCA section 4 or 5(b), or for which a rule, action, or order has been proposed or promulgated under TSCA section 5, 6, or 7, must notify the EPA of such export or intent to export. The EPA in turn will notify the government of the importing country of the notice and the EPA’s regulatory action with respect to the substance. Exporters that fail to comply with this requirement will be subject to possible enforcement actions, including penalties.

For more information on this and other export compliance issues, please contact attorney Kristine Pirnia via email.

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