General Industry News

EPA Re-Upping TSCA Export Rule

The EPA announced on Wednesday, Aug. 5, 2009, an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval, entitled: Notification of Chemical Exports--TSCA section 12(b), (EPA ICR No. 0795.13, OMB No. 2070- 0030). The proposal would re-authorize the current TSCA Export Rule, set to expire on Nov. 30.

Entities potentially affected by this action are companies that export from the United States to foreign countries, or that engage in wholesale sales of, chemical substances or mixtures. The export of hazardous substances outside of the United States has grown more common in recent years, and there was speculation that the new Administration may use the Export Rule's 2009 re-authorization to enhance controls. This did not happen.

The rule codified at 40 CFR part 707, subpart D requires exporters to submit an annual notice for each country to which a chemical subject to TSCA section 12(b) requirements is exported. In addition, exporters of chemicals subject to TSCA section 4 test rules are allowed to submit a one-time notice to the EPA for the export of a TSCA section 4 chemical to each particular country, instead of providing annual notification.

The export notice must include five easily ascertainable items: the name and address of the exporter, the name of the chemical, the country of import, the date of export or intended export, and the section of TSCA under which EPA has taken action (section 4, 5, 6 or 7). There are currently over 1,000 substances or categories of substances that have been regulated or proposed to be regulated under the applicable sections of TSCA. Responses to this collection of information are mandatory. Respondents may claim all or part of a notice as CBI. The EPA will disclose information that is covered by a CBI claim only to the extent permitted by, and in accordance with, the procedures in 40 CFR part 2.

The agency estimates the public burden to be about 1.18 hours per response.

Additional comments may be submitted on or before Sept. 4, 2009

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