Trade Compliance

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New EPA Import Restrictions on 57 Chemical Substances

Posted December 05, 2019


The Environmental Protection Agency has issued two final rules (see below) that, effective February 3, 2020, will require persons who intend to import, manufacture, or process any of 57 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 importation, 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.

U.S. importers must certify that shipments of these substances comply with all applicable rules and orders under the Toxic Substances Control Act, including any requirements of the Significant New Use Regulations. In addition, any persons who export or intend to export any of these substances on or after January 6, 2020 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.

Background:


A “significant new use” is an activity conducted with a substance in a different quantity, concentration, or in different circumstances that could affect the environment or human exposure.

The EPA issues regulations designating significant new uses of a chemical so that Agency review occurs before chemical substances are used in new ways that might create environmental and human health concerns. Once EPA designates a significant new use for a chemical, manufacturers and processors of that chemical who wish to initiate that use must submit a Significant New Use Notice before manufacturing or processing the chemical for the significant new use.

Final Rules:
 

Related Resources:
 

 

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