Test rules export notification

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). 

Exporters are also required to notify EPA before shipping any product abroad for which test data are required, regulatory action has been proposed or occurred, or action of some sort is pending or relief granted. Substances subject to export notification are listed on the Chemicals on Reporting Rules (CORR). 

The statute states that 12 applies if the substance presents an unreasonable risk. Export notification requirements are triggered by a finding of unreasonable risk under 6. and also by a test rule under 4 or a consent order under 5. Neither a test rule under 4 nor a consent order under 5 constitutes a finding of unreasonable risk. Therefore, would be statutory defenses to an EPA enforcement based on failure to submit export notifications for substances for export only if the requirement for submitting an export notification were triggered by a test rule under 4 or a consent order under 5. 

TSCA 12(b) 15 U.S.C. 261 fib). It is unUkely that a substance subject to a TME, LVE, or LoREX exemption would be subject to a test rule to trigger these export notification requirements. The TME is time Umited, so it is likely such an exemption would expire prior to the issuance of any test rule, and with respect to chemicals marketed under an LVE or LoREX exemption, the EPA retains significant authority to revoke those exemptions, which is a quicker route to imposing restrictions than rulemaking. 

The regulatory actions that tri er export notifications do not sunset, except for 4 test rules. Therefore, all chemicals for which export notifications are required, except those chemicals that require export notifications only because they are subject to a promulgated 4 test rule, continue to require export notifications in perpetuity, or until they are withdrawn. Test rules expire, however they may be in effect for as long as ten years. EPA pubhshes a Hst of Simset Dates/Status for Chemicals Subject to Section 4 Actions. This Hst contains the date it was last updated. Keep in mind that a notification that a 4 chemical has sunset does not necessarily mean that an export notice is no longer required. That chemical may also be the subject of another TSCA action triggering export notice requirements, so the exporter still needs to conduct due diligence. EPA is developing a... 

In calculating penalties, it is important to keep in mind the sunset provisions of 4 test rules. When a violation of 4 arises, the export notification requirements of 12(b) may also have been violated if the product was exported. After the sunset date of a test rule, the export notification requirement also terminates. As a practical matter, this means that if the test rule expired in 2005, there can be no export notification penalties imposed for an export in 2006. 

The EPA adopted ERPs for each of the major TSCA provisions. There is an ERP that apphes to violations of 4 test rules as well as one that applies to the Good Laboratory Practice rules estabhshed under one for 8, 12 and 13 adverse effect reporting and imports and exports," one for 5 including the premanufacture notification rules," one for PCBs," two for lead," and one for asbestos. ... 

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