• Any person who exports or intends to export a chemical substance or mixture that is subject to certain TSCA regulations is required to notify EPA.
• 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.

The Toxic Substances Control Act (TSCA) places requirements on those exporting chemicals out of the customs territory of the U.S.

Export notification Under TSCA section 12(b), any person who exports or intends to export a chemical substance or mixture that is subject to certain TSCA regulations is required to notify the Environmental Protection Agency (EPA). EPA, in turn, provides information about the exported chemical and EPA’s related regulatory actions, to the importing government. See EPA’s implementing regulations at 40 CFR 707 Subpart D.

TSCA 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.

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. 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 and submission methods for exporter’s notice

The notice can be submitted using the Central Data Exchange (CDX) or by letter to EPA and include the following information:

• Name and address of the exporter,
• Name of the chemical substance or mixture,[1]
• 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.

[1] For substances on the confidential portion of the TSCA Inventory, the substance must be identified by generic name and accession number, or by any other nonconfidential identifier under which it is listed on the TSCA section 12(b) reporting list maintained by EPA and available in the TSCA section 12(b) Export Notification Application described in 707.65(c).

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

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 4, 5(a)(2), 5(b), 5(e), 5(f), 6, or 7 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.