Section 12(b) Export Notification
This Web page summarizes the export requirements under section 12(b) of TSCA and 40 CFR 707 Subpart D. Those provisions require submission of a notice to EPA by any person who exports or intends to export a chemical substance or mixture for which:
- The submission of data is required under Sections 4 or 5(b),
- An order has been issued under Section 5,
- A rule has been proposed or promulgated under Sections 5 or 6, or
- An action is pending, or relief has been granted under Sections 5 or 7.
Notification of export is generally not required for articles per 40 CFR 707.60(b) and for specified de minimis concentrations per 40 CFR 707.60(c).
This Web page addresses the following topics:
- Timing of Exporter's Notice
- Content of Exporter's Notice
- Timing of EPA's Notice
- Content of EPA's Notice
- Further Information
For substances or mixtures subject to TSCA Section 5(f), 6, or 7 actions, the exporter must submit a notice to EPA of the first export within each calendar year of export per subject chemical per country of import. For substances or mixtures subject to TSCA Section 4, 5(a)(2), 5(b) or 5(e) actions, the exporter must submit a notice to EPA only for the first export to a particular country; notice of export to a particular country is not required if an exporter previously submitted to EPA a notice of export to that country prior to January 6, 2007.
The notice must be postmarked within seven days of forming the intent to export or on the date of export, whichever is earlier. A notice of intent to export must be based on a definite contractual obligation, or an equivalent intra-company agreement, to export the regulated chemical.
Content of Exporter's Notice
The notice must be submitted by letter to EPA and include the following information:
- Name and address of the exporter,
- Name of the chemical substance or mixture,
- Date(s) of export or intended export,
- Country or countries of import, and
- Section of TSCA (4, 5, 6, or 7) under which EPA has taken action.
EPA must send a notice to the government of the importing country no later than five working days after receipt of the first annual notification from any exporter for each substance or mixture that is subject to TSCA Section 5(f), 6, or 7 actions.
EPA must send a notice to the government of the importing country no later than five working days after receipt of the first notification from any exporter for each substance or mixture that is subject to TSCA Section 4, 5(a)(2), 5(b), or 5(e) actions.
Content of EPA's Notice
The EPA notice to the importing government includes the following information:
- Identification of the regulated chemical,
- Summary of the EPA regulatory action taken, or an indication of the availability of data under TSCA Sections 4 or 5(b),
- EPA official to contact for further information, and
- Copy of the pertinent Federal Register notice
- 40 CFR Part 707, Subpart D
- 45 FR 82844, Dec. 16, 1980 (PDF) (8 pp., 976kb ) About PDF)
- 58 FR 40238, July 27, 1993 (PDF) (5 pp., 560kb ) About PDF)
- 71 FR 66244, Nov. 14, 2006
- 71 FR 68751, Nov. 28, 2006
- Current List of Chemical Substances Subject to TSCA Section 12(b) Export Notification Requirements
- Sunset Dates/Status for Chemicals Subject to Section 4 Actions