Chemical substances export only

Before a company or organization can manufacture or import a new chemical, it must provide the USEPA with a Pre-Manufacture Notice (PMN) and must first identify whether the chemical can be considered new by comparing it to the USEPA s chemical inventory. The PMN must include a chemical description, plan for production, list of intended uses, and effects on health and the environment. Substances used only in research and development or for export do not require a PMN. 

Chemical exporters are potentially subject to Section 12(b) of TSCA. EPA s TSCA Section 12(b) export notification requirements apply to chemical substances or mixtures for which data are required under TSCA Section 5(b), an order has been issued under TSCA Section 5, a proposed or final rule has been issued under TSCA Sections 5 or 6, or an action is pending or relief has been granted under TSCA Sections 5 or 7. With regard to Section 4 of TSCA, only those chemical substances or mixtures listed in final TSCA Section 4 test rules and TSCA Section 4 Enforceable Consent Agreements are subject to the export notice requirements under TSCA Section 12(b). Notification of export is generally not required for articles, as provided by 40 CFR section 707.60(b). 

Section 12(a) of TSCA exempts from PMN new chemical substances which are manufactured or processed solely for export and which wUl not be used in the U.S.. . . For substances to qualify as export-only chemicals, their processing must also be limited to activities which do not involve use. 

A substance may be processed for export only, but cannot be used and then exported. EPA guidance states that a chemical that is a reactant in the... 

The export notification requirement applies to a TSCA regulated chemical substance, and is not dependent on its end use. For those export notifications required because the EPA has restricted certain end uses, export notification must be given to EPA without regard to the actual intended use. For example, if the EPA restricts use under 5 to permit only the manufacture of an article, notification of export must stiU be given even if the foreign purchaser intends to make other use of the chemical substance. ... 

Chemical substances, mixtures, or articles containing substances or mixtures manufactured, processed or distributed in commerce solely for export and labeled for export only are generally exempt from the provisions of TSCA. This exemption does not apply (i) to 8 reporting and recordkeeping requirements, (ii) if the EPA determines that the chemical substance, mixtures or article will present an unreasonable risk of injury to health or the environment in the United States, or (iii) if the EPA determines it requires testing to make the determination in sub provision (ii) above. An export notice will also not be required for chemicals denied entry into the United States that are being returned to the country of origin, unless a TSCA 5, 6, or 7 rule or order applies to the chemical. ... 

While the statutory exemption noted above clearly excludes the requirement of making an import certification for chemical substances imported for export only, EPA has taken the position that the requirements of 13 do apply to chemical substances imported for export only. Although there are very good arguments based on the statute itself that these requirements cannot be enforced in the context of import for export only, it seems prudent to make import certifications in this situation. 

The data package required for pre-market notification in Canada varies. Factors include production or import quantities, uses, status under the NDSL and export-only or site-limited intermediate status. Interested readers are referred to the Guidelines for the Notification of and Testing of New Substances Chemicals and Polymers , published by EC. Generally, all chemicals new to Ganada will require some toxicity and physical testing when production or import quantities exceed 10 000 kg/year. 

Import, export, manufacture, and possession of hazardous substances have been controlled under the Hazardous Substances Act, 1992. However, banning of the import or severely restricted uses of chemicals had been notified in the Ministerial Notifications since 1977. Two insecticides, namely chlordimeform and leptophos were the first two of the banned chemicals in 1977. According to the Act, Ministerial Notifications of the Ministry of Industry were issued to harming of nine specified POPs pesticides usage since 1980 (Table 10.4). Only seven specified POPs pesticides were imported and widely used in Thailand, namely aldrin, chlordane, DDT, dieldrin, endrin, heptachlor, and toxaphene, whereas hexachlorobenzene and mirex have never been imported. Although... 

The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. The convention was adopted in 1998. The convention enables for monitoring and control the international trade in very dangerous substances. According to the convention export of a chemical can be realized only with the prior informed consent of the importing country. The convention includes a list of 22 pesticides including aldrin, dieldrin, DDT, chlordane, heptachlore, HCB, and 5 industrial chemicals. 

The use of chemical weapons in the Syrian civil war has illustrated the most serious weakness of the current regime the absence of full universality. It has always been the intention of States Parties to the CWC to aim at universality. Indeed, even treaty provisions (among others those on export controls) serve that purpose. Syria has now become a State Party to the CWC—even though, arguably, only as a result of coercive diplomacy. The remaining non-parties should indeed join the regime. But, unfortunately, in some cases the nexus to the nuclear weapons issue remains a problem. Whether the current efforts to clarify the substance of Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons will eventually contribute to the CWC s universality is an open question. 

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