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EPA Withdraws Import Restrictions on 28 Chemicals, Proposes Restrictions on 66 Chemicals

The Environmental Protection Agency has withdrawn a direct final rule that would have required persons who intend to manufacture (including import) or process any of 28 specified chemical substances for an activity designated as a significant new use by that rule to notify the agency at least 90 days before commencing that activity. The EPA received adverse comments and a request to extend the comment period regarding this rule. Instead, the EPA will now proceed with a proposed rule that would ultimately impose the same requirements if finalised.

Separately, the EPA has issued a proposed rule that would require persons who intend to manufacture (including import) or process any of 66 specified chemical substances for a significant new use activity to notify the agency at least 90 days before commencing that activity. Persons could not commence 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 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 17 December 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. Comments on this proposed rule are due no later than 31 December.

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