TSCA 12(b) Export Notifications
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The Toxic Substances Control Act (TSCA) Section 12(b) requires EPA to notify importing countries of the export or the intended export of industrial chemicals or mixtures that are subject to certain regulatory actions under U.S. law. Approximately 2,000 chemicals come under this requirement.
As a member of the Organization for Economic Cooperation and Development (OECD), the United States participates in a Complementary Information Exchange Procedure intended to help countries coordinate their chemical control activities.
On February 9, 2006 (71 FR 6733) EPA proposed amendments to the TSCA Section 12(b) export notification regulations. The final amendments to the regulations were promulgated on November 14, 2006 (71 FR 66234) and a technical correction notice was issued on November 28, 2006 (71 FR 68750). These amendments:
- Focused importing governments' attention on chemicals for which EPA has made an "unreasonable risk" finding under TSCA
- Reduced overall burden on exporters and the Agency. Amendments include a change in the current annual notification requirement to a one-time requirement for exporters of certain chemicals, and a corresponding one-time notification of foreign governments by EPA
The Agency also issued de minimus concentration levels below which notification would not be required, as well as other minor amendments that update the EPA addresses to which export notifications must be sent and that clarify exporters' and EPA's obligations.
- For the period of January 2007 through December 2007, 59 export notifications were sent to foreign countries.
- In 2007, OPPT conducted outreach on TSCA Section 12(b) Export Notifications, including presentations at the American Chemistry Council’s Global Chemical Regulation Conference & Expo and in the Synthetic Organic Chemical Manufacturers Association’s TSCA Fundamentals Webinar Series.