Chemical Substances Subject to the Section 12(b) Export Notification Requirement under TSCA
Read the complete list of TSCA section 12(b) chemicals subject to export notification (PDF) (235 pp, 6.3 mb, About PDF) under the Toxic Substances Control Act (TSCA). These requirements are codified at 40 CFR part 707, subpart D. Substances identified on this list as follows:
- the TSCA section 12(b) notification name
- the CFR citation, if applicable
- an identifier such as a CAS, Accession, or PMN number, if applicable
- the section of TSCA triggering the export notification requirement
- the TSCA Inventory name, if applicable, and
- a comment field, if applicable.
TSCA Regulatory Actions Triggering Section 12(b) Export Notification
TSCA section 12(b) requires any person who exports or intends to export a chemical substance or mixture to notify EPA of such exportation if any of the following actions have been taken under TSCA with respect to that chemical substance or mixture:
- data are required under section 4 or 5(b),
- an order has been issued under section 5,
- a rule has been proposed or promulgated under section 5 or 6, or
- an action is pending, or relief has been granted under section 5 or 7.
Other Section 12(b) Export Notification Considerations
The following additional provisions are included in the Agency's regulations implementing section 12(b) of TSCA (i.e., 40 CFR part 707, subpart D):
(a) No notice of export will be required for articles, except PCB articles, unless the Agency so requires in the context of individual section 5, 6, or 7 actions.
(b) Except as provided below, no notice of export is required for the export of a chemical substance or mixture for which export notification is otherwise required, where such chemical substance or mixture is present in a concentration of less than 1% (by weight or volume).
- No notice of export is required for the export of a chemical substance or mixture that is a known or potential human carcinogen where such chemical substance or mixture is present in a concentration of less than 0.1% (by weight or volume).
- No notice of export is required for the export of polychlorinated biphenyl chemicals (PCBs) (see definition in 40 CFR 761.3), where such chemical substances are present in a concentration of less than or equal to 50 ppm (by weight or volume).
(c) Any person who exports or intends to export polychlorinated biphenyls (PCBs) or PCB articles, for any purpose other than disposal, shall notify EPA of such intent or exportation under section 12(b). PCBs and PCB articles have the definitions published in 40 CFR 761.3.
(d) Any person who would be prohibited by a section 5 or 6 regulation from exporting a chemical substance or mixture, but who is granted an exemption by EPA to export that chemical substance or mixture, shall notify EPA under section 12(b) of such intent to export or exportation.
(e) An exporter will be subject to possible enforcement action (including penalties) for not complying with the applicable provisions of section 12(b).
This listing is intended merely as an information resource to facilitate compliance with TSCA section 12(b). While EPA has attempted to be as accurate as possible in compiling this list, exporters subject to the requirements of section 12(b) should be aware that this list may contain unintended errors or omissions and may not be completely up to date, so the absence of a chemical from this list does not necessarily mean that export of the chemical is exempt from section 12(b) reporting obligations.
Exporters should be aware that they have an affirmative obligation to review the relevant orders, Federal Register notices and Code of Federal Regulations for actions that may trigger section 12(b) reporting obligations. This list should not be relied upon in lieu of those legal documents, and in the event of a conflict between this list and any order Federal Register notice, or the Code of Federal Regulations, this list will not be considered controlling. Exporters are encouraged to check this list from time to time, as EPA intends to revise it periodically, and will do so without prior public notice. EPA also encourages exporters or others to alert the Agency to any errors or omissions in the list. Comments can be sent to email@example.com.
Chemical substances subject to TSCA section 4 actions "sunset" after a specific period of time. For the latest table with dates when section 4 requirements sunset for specific chemicals and for further information, see Sunset Dates/Status for Chemicals Subject to Section 4 Actions. Be aware that a section 4 chemical that has "sunset" may also be the subject of another TSCA action triggering export notice requirements so that an export notice may still be required.
In some instances, the CAS Registry Number originally cited has been revised or replaced by CAS since the issuance of the triggering TSCA action. Consequently, other information sources and indices may reference this "new" CAS number for the same chemical substance and may or may not cross-reference the originally cited CAS Registry Number contained in the TSCA regulatory action. Where EPA is aware of such changes, a cross-reference from the new CAS number to the originally published CAS number is provided.