Background

The Environmental Protection Agency has issued a final rule (available here) that, effective Dec. 6, will require persons who intend to import, manufacture, 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 liquid laundry detergent, UV-curable inks, and sugars or sugar-derived substances.

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 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.

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