7 Aug 2019
Imports of 31 Chemical Substances Could Require Advance Notice
The Environmental Protection Agency is accepting comments through 5 September on a proposed rule that would require persons who intend to manufacture, import or process any of 31 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.
The substances at issue are used as chemical intermediates, paint, plasticizers/stabilizers, in industrial, textile, resin and cured coatings, in the production of battery electrodes and cathodes, cleaning fluids, metalworking fluids/rolling oils, insulation, binders for pencils and binder resins, as well as for fertilisers and in agrochemicals and other products. The products include certain waste plastics for insulation and certain naphtha oils for fuel use.
Under this rule, imports, manufacturing and processing of 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 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 5 September 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.