TSCA Import-Export Requirements

TSCA Requirements for Exporting Chemicals

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TSCA Export Notification Requirements

Under section 12(b) of the Toxic Substances Control Act (TSCA), any person who exports or intends to export a chemical substance or mixture subject to certain TSCA regulations is required to notify EPA of the activity. EPA, in turn, provides information about the exported chemical and EPA’s related regulatory actions, to the importing government.

View a list of chemical substances subject to section 12(b) export notification requirements.

An exporter is defined as any person who, as the principal party in interest in the export transaction, has the power and responsibility for determining and controlling the sending of the chemical substance or mixture to a destination outside the customs territory of the U.S.

Read the statutory requirements for export notification in section 12(b) of TSCA (PDF).(1 pp, 5 kb, About PDF)
Read EPA’s implementing regulations at 40 CFR 707 Subpart D.

Exporters must notify EPA if they export or intend to export a chemical substance or mixture for which:

The submission of data is required under TSCA sections 4 or 5(b);
An order has been issued under TSCA section 5;
A rule has been proposed or promulgated under TSCA sections 5 or 6; or
An action is pending, or relief has been granted under TSCA sections 5 or 7.

Regarding 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 (ECAs) are subject to the export notice requirements under TSCA section 12(b). Chemical substances subject to TSCA section 4 testing requirements "sunset" after a specific period of time. For the latest table with dates when section 4 testing requirements sunset for specific chemicals and for further information, see Sunset Dates/Status for chemicals subject to section 4 actions. Be aware that a section 4 chemical that has "sunset" may also be the subject of another TSCA action triggering export notice requirements so that an export notice may still be required.

Notification of export is generally not required for articles per 40 CFR 707.60(b) and for specified de minimis concentrations per 40 CFR 707.60(c).

Timing of the Exporter’s Notice

For substances or mixtures subject to TSCA section 5(f), 6, or 7 actions, exporters must notify EPA of the first export within each calendar year of export per subject chemical per country of import. For substances or mixtures subject to TSCA section 4, 5(a)(2), 5(b) or 5(e) actions, the exporter must submit a notice to EPA only for the first export to a particular country; notice of export to a particular country is not required if an exporter previously submitted to EPA a notice of export to that country prior to January 6, 2007.

Export notices sent to EPA must be postmarked within seven days of forming the intent to export or on the date of export, whichever is earlier. A notice of intent to export must be based on a definite contractual obligation, or an equivalent intra-company agreement, to export the regulated chemical.

Content of Exporter's Notice

The notice must be submitted by letter to EPA and include the following information:

Name and address of the exporter,
Name of the chemical substance or mixture,
Date(s) of export or intended export,
Country or countries of import, and
Section of TSCA (4, 5, 6, or 7) under which EPA has taken action.

Notices shall be marked “TSCA Section 12(b) Notice” and sent to EPA by mail or delivered by hand or courier (40 CFR 707.65.

Send notices by mail to:

Document Control Office (7407M)
Office of Pollution Prevention and Toxics (OPPT)
Environmental Protection Agency
1200 Pennsylvania Ave., NW.
Washington, DC 20460-0001
(Attention: TSCA Section 12(b) Notice)

Hand delivery of TSCA section 12(b) notices should be made to:

OPPT Document Control Office (DCO)
EPA East., Rm. 6428
Environmental Protection Agency
1201 Constitution Ave., NW.
Washington, DC
(Attention: TSCA Section 12(b) Notice)

The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is (202) 564-8930. Such deliveries are only accepted during the DCO's normal hours of operation.

EPA's Notice to Receiving Countries

EPA must send a notice to the government of the importing country no later than five working days after receipt of the first annual notification from any exporter for each substance or mixture that is subject to TSCA section 5(f), 6, or 7 actions.

EPA must send a notice to the government of the importing country no later than five working days after receipt of the first notification from any exporter for each substance or mixture that is subject to TSCA section 4, 5(a)(2), 5(b), or 5(e) actions.

The EPA notice to the importing government includes the following information:

Identification of the regulated chemical,
Summary of the EPA regulatory action taken, or an indication of the availability of data under TSCA sections 4 or 5(b),
EPA official to contact for further information, and
Copy of the pertinent Federal Register notice

Section 6 TSCA Requirements for Specific Chemicals

Some chemicals have specific import and export requirements under section 6 of TSCA. These chemicals include, but aren’t limited to, PCBs, mercury, and, asbestos.

Learn more about section 6 TSCA requirements applicable to certain chemicals.

New Chemicals Manufactured Solely for Export

Under TSCA section 12(a) and 40 CFR 720.30(e), a new chemical substance is exempt from the pre-manufacture notice (PMN) requirement if it is manufactured solely for export and if, when the substance is distributed in commerce:

The substance is labeled "for export" in accordance with section 12(a)(1)(B) of the Act; and
The manufacturer knows that the person to whom the substance is being distributed intends to export it or process it solely for export as defined in 40 CFR 721.3.

Learn more about EPA’s new chemicals program.