4 Oct 2018
Imports of 26 Chemical Substances to Require Advance Notice
The U.S. Environmental Protection Agency has issued a direct final rule that will require persons who intend to manufacture (including import) or process any of 26 specified 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. Persons may 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 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 on or after 2 November 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.
This rule will be effective as of 3 December. However, if the EPA receives written adverse or critical comments, or notice of intent to submit such comments, by 2 November, it will withdraw the relevant sections of this rule before 3 December and proceed with a related proposed rule.