Sellers Pre-Sale Analysis

Records documenting compliance with all exemptions from PMN requirements that the seller relied upon. The buyer will need to apply for a new Test Marketing Exemption (TME) because the EPA does not consider TMEs to be transferable. The parties can assign Low Volume Exemptions (LVEs), Low Release and Exposure (LoREX) exemptions, and polymer exemptions, but must have the documentation to be able to comply. 

All5(e) Consent Orders, SNURs, and Significant New Use Notifications (SNUNs) relating to the acquired business. The buyer will need to establish or continue a compliance system to meet the order s or rule s 

PCB Inventory and required submittals to the EPA. The buyer will need to maintain the PCB Inventory 

Production and importation records needed for lUR updates. Depending on the timing and form of the acquisition, the buyer may be required to report on manufacture and importation prior to the 

Section 12(b) export notifications. A new corporate entity cannot rely on the export notifications filed by the seller, and should file new ones in connection with its first exports to each destination country, either once or annually, as required. 

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