Exporting a SNUR Substance

If a chemical substance is the subject of a SNUR or a proposed SNUR, then anyone who intends to export it must submit a notice of export under TSCA 12(b).i39 

It is important to watch the Federal Register regularly to determine if any substance that will be exported is the subject of a proposed SNUR. It is not sufficient to check the list of SNURS in the Code of Federal Regulations, because that only lists SNURS that have been issued. 

Violation of a SNUR carries the same range of civil and criminal penalties as violation of a PMN. The EPA may seek an injimction or seize substances made in violation of a SNUR. ° 

Violation of the warning and supervision conditions for an R D exemption is a chemical control violation and penalties are assessed on a per-day basis Violation of the recordkeeping condition for an R D exemption is a control-associated data-gathering violation, and penalties are assessed on a one-time basis. Failure to file a SNUN is a hazard assessment violation. 

Amended TSCA 5 Enforcement Response Policy as amended and restated (June 8, 1989) and further amended in Memorandum from John J. Neylan, Director, Policy and Grants Division, Office of Compliance Monitoring, to Michael J. Walker, Enforcement Counsel, Toxics Litigation Division, (July 1, 1993) [hereinafter 5 ERP], available through http //cfpub.epa.gov/compliance/resources/policies/civil/tsca/ 

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