(a) Paragraph (b) of section 12 of the Toxic Substances Control Act requires any person who exports or intends to export a chemical substance or mixture to notify the Environmental Protection Agency of the export to a particular country if any of the following actions have been taken under the Act with respect to that chemical substance or mixture: EPA must provide a notification to the government of the importing country no later than five business days after receiving the first annual notification from an exporter for each substance or mixture subject to TSCA measures under Section 5(f), 6, or 7. For substances or mixtures subject to section 5(f), 6 or 7 of the TSCA, exporters must notify the EPA of the first export in each calendar year of export by affected chemical and importing country. For substances or mixtures subject to measures in sections 4, 5(a)(2), 5(b) or 5(e) of the TSCA, the exporter is required to submit a notification to the EPA only for the first export to a particular country; A notification for export to a particular country is not required if an exporter has already submitted an export notification to a particular country to the EPO before 6 January 2007. Export notifications sent to CEPOL shall be postmarked within seven days of the intention to export or on the date of export, whichever is earlier. A letter of intent to export must be based on a specific contractual obligation or equivalent intra-company agreement to export the controlled chemical. (e) Any person who is prohibited by Section 5 or 6 of a TSCA regulation from exporting a chemical or mixture, but to whom EPA grants an exemption from exporting that chemical or mixture, must notify EPA of its intention to export or export pursuant to Section 12(b) of the TSCA. EPA encourages applicants of export notifications under Section 12(b) of the TSCA to use electronic reporting as their preferred filing method. Electronic reporting reduces the reporting burden on applicants by reducing the cost and time required to review, process and submit data to the Agency in paper form, as well as the cost of retaining the necessary documentation related to this submission. CISS, the web-based reporting tool, enables efficient data transfer and reduces errors through integrated validation procedures. The CISS also allows bidders to share a draft within their organization and more easily store an electronic copy for their records or future use.
The resources and time required for EPA to review and process these export notifications will also be reduced, including greater efficiency in communicating with authors and storing and retrieving submissions. (b) For articles other than products containing PCBs, no export notification shall be required unless required by the Agency in the context of the individual measures referred to in Section 5, 6 or 7. Export notification is generally not required for 40 CFR 707.60(b) and 40 CFR 707.60(c) for certain de minimis concentrations. For more information, see the Document Drafting Handbook sections on Usage For more information, please see the Federal Register documents. (f) Failure to comply with Article 12(b) of TSCA as set out in this Part shall be considered a violation of Article 15(3) of TSCA and shall be subject to the penalty, enforcement and seizure provisions of Articles 16 and 17 of TSCA. The information collection requirements for export notifications under section 12(b) of TSCA and contained in 40 CFR Part 707, Subpart D, are approved by the OMB under the PRA under OMB Control Number 2070-0030 (EPA ICR No. 0795.16) on May 18, 2021. This is not a burden requiring an additional OMB licence. The annual administrative burden per export notification is estimated on average at 19 hours for paper submissions and 12 hours for electronic filings.
This estimate of effort includes the time required to review instructions, research existing data sources, collect and maintain required data, and complete, review, and submit the required export notification to the EPA. For more information, see the Request for Information Collection document in the list. Currently, export notifications under paragraph 12(b) of TSCA can only be filed with the Agency on paper, by mail or in person, with the Board manually scanning and processing submissions. The modernisation of the export notification procedure under Article 12(b) of TSCA will allow users to prepare and submit their notifications to the Agency electronically through an online application. To file an application electronically, authors should use the Start Printing page 31503 provided by the EPO. To access the application, users must register with the EPO`s Central Data Exchange (CDX). CDX is the Agency`s portal for the secure transmission of information to CEPOL. Upon registration, a user must ensure that they register for the Chemical Safety and Pesticide Programs (CSPP) data feed, which gives them access to the Chemical Information Submission System (CISS), which can be accessed through the TSCA reporting application under Article 12(b). (Note: Users who have already registered with CDX can add “Submission for the Chemical Safety and Pesticide Program (CSPP)” to their current registration.) This reporting tool is compatible with Windows, Mac, Linux, and UNIX computers and uses Extensible Markup Language (XML) specifications for efficient data transfer over the Internet. TSCA Section 12(b) notices should be sent to: Disclaimer: This list is intended solely as a source of information to facilitate compliance with Section 12(b) of TSCA. While EPA has tried to be as specific as possible in establishing this list, exporters subject to the requirements of paragraph 12(b) should be aware that this list may contain unintentional errors or omissions and that the absence of a chemical on this list does not mean that the export of the chemical is exempt from the reporting requirements under paragraph 12(b). Exporters should be aware that they have a positive obligation to review the Federal Register for future disclosure of actions that could trigger Section 12(b) reporting obligations.
This list shall not be relied upon in lieu of relevant Federal Register documents, ordinances or the Code of Federal Regulations, and in the event of any conflict between such list and any document, order or Code of Federal Regulations, this list shall not prevail. Exporters are advised to consult this list from time to time, as EPA intends to revise it periodically and will do so without public notice. The EPO also encourages exporters or others to alert the Agency of any errors or omissions in the list, comments can be sent to email@example.com. The following file is an addition to chemical list 12(b) above. It contains substances that will be added to or removed from the September 2020 TSCA 12(b) list. NOTE: The supplement has a slightly different format from the September 2020 list. In addition, there are differences in how the rules are cited in the supplement, compared to the September 2020 list. CEPOL will endeavour to correct these differences and consolidate the dossiers in the future.
The rules listed in List 12(b) can be found through GovInfo or the Federal Register. The text of consent prescriptions can be found by searching for a PMN number on the ChemView website. For section 4 Test Tasks, see TSCA Test Jobs.