EPA Proposes to Change Certain TSCA Export Notification Requirements, Etc.
The Environmental Protection Agency (EPA) has issued a proposed rule that would make certain amendments to the Toxic Substances Control Act (TSCA) section 12(b) export notification requirements at 40 CFR Part 707 Subpart D.
According to the EPA, individuals may be potentially affected by this proposed rule if they export or intend to export any chemical substance or mixture for which any of the following actions have been taken under TSCA with respect to that chemical: (1) data are required under TSCA section 4 or 5(b), (2) an order has been issued under TSCA section 5, (3) a rule has been proposed or promulgated under TSCA section 5 or 6, or (4) an action is pending or relief has been granted under TSCA section 5 or 7.
The EPA adds that potentially affected entities may include, but are not limited to exporters of chemical substances or mixtures (NAICS codes 325 and 324110; e.g. chemical manufacturing and processing petroleum refineries).
The following are highlights of the EPA's proposed rule:
One-time notification to EPA for certain actions (with exceptions). The EPA's proposed rule would change the current annual notification requirement to a one-time requirement for exporters of chemical substances or mixtures for which certain actions have been taken under TSCA.
Specifically, this proposed rule would apply a one-time requirement for each of the following TSCA section 12(b)-triggering actions per each destination country for each exporter of a chemical: An order issued, an action pending, or an action granting relief under TSCA section 5(e), a proposed or promulgated rule under TSCA section 5(a)(2), or an action requiring the submission of data under TSCA section 5(b).
For exports of chemicals that are the subjects of TSCA section 12(b)-triggering actions under TSCA section 5(f), 6, or 7, however, each exporter would continue to be required to submit annual export notifications to EPA.
One-time notification by EPA to foreign governments. In addition, for the same TSCA actions, EPA is proposing to change the current requirement that it notify foreign governments annually after its receipt of export notifications from exporters to a requirement that the EPA notify foreign governments once after it receives the first export notification from an exporter.
De minimis concentration levels which would not require notification. The EPA is also proposing de minimis concentration levels below which notification would not be required for the export of any chemical for which export notification under TSCA section 12(b) is otherwise required. The EPA is proposing that export notification would not be required for such chemicals if they are being exported at a concentration of less than 1% (by weight or volume), with exceptions for certain chemicals that are known to be or are reasonable anticipated to be human carcinogens, classified as certain carcinogens under the World Health Organization (WHO) International Agency for Research on Cancer (IARC), characterized as carcinogens or potential carcinogens in certain Occupational Safety and Health Administration (OSHA) regulations, etc.
Miscellaneous minor amendments. In addition, the EPA is proposing other minor amendments (to update the EPA addresses to which export notifications must be sent, to indicate that a single export notification may refer to more than one section of TSCA where the exported chemical is the subject of multiple TSCA actions, etc.). The EPA's proposed rule would also clarify exporters' and EPA's obligations where an export notification-triggering action is taken with respect to a chemical previously or currently subject to export notification due to the existence of a previous triggering action.
Proposed Rule Intended to Focus Government Attention, Reduce Burdens, Etc.
EPA believes this proposed rule is needed to further focus importing governments' resources and attention on chemicals for which EPA has proposed to make or has made a finding under TSCA that a chemical substance or mixture "presents or will present'' an unreasonable risk, and to reduce overall burden on exporters and the EPA.
The EPA requests comments on these proposed amendments, and is particularly interested in receiving comments discussing whether the proposed changes would continue to provide adequate notice and information to foreign governments about chemicals imported from the U.S. The EPA is also interested in receiving specific, well supported, information regarding how the proposed changes would affect exporters.
-written comments must be received on or before April 10, 2006
EPA Contacts - Colby Lintner (general information) (202) 554-1404
Kenneth Moss (technical information) (202) 564-9232
EPA Proposed Rule (EPA-HQ-OPPT-2005-0058; FRL-7752-2, FR Pub 02/09/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-1797.pdf