(ST&R Trade Report)
The Environmental Protection Agency has issued a proposed rule that would require persons who intend to import, manufacture or process specified chemical substances for an activity designated as a significant new use to notify EPA at least 90 days prior. Entities potentially affected by this rule include those who plan to use the listed substances in conjunction with apparel and other finished products made from fabrics, leather and similar materials, those that plan to use the listed substances in conjunction with paper and allied products, and importers, manufacturers or processors of the listed substances in printing inks. Comments on this proposal are due no later than June 26.
This rule would add (a) nine benzidine-based chemical substances to the significant new use rule on benzidine-based chemical substances, (b) a SNUR for di-n-pentyl phthalate (DnPP) (1,2-benzenedicarboxylic acid, 1,2-dipentyl ester) and (c) a SNUR for alkanes, C12-13, chloro. In the case of the benzidine-based chemical substances, EPA is also proposing to make inapplicable the reporting exemption relating to persons that import or process substances as part of an article.
This rule may also affect certain entities through pre-existing import certification and export notification rules under the Toxic Substances Control Act. Persons who import any chemical substance governed by a final SNUR are subject to the TSCA section 13 (15 USC 2612) import certification requirements and the corresponding regulations at 19 CFR 12.118 through 12.127. Those persons must certify that the shipment of the chemical substance complies with all applicable rules and orders under TSCA, including any SNUR requirements. In addition, any persons who export or intend to export a chemical substance that is the subject of a proposed or final SNUR are subject to the export notification provisions of TSCA section 12(b) (15 USC 2611(b)) and must comply with the export notification requirements in 40 CFR part 707, subpart D.
Date: March 30, 2012