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Manufacturing new chemicals solely for export
['Toxic Substances Control Act - EPA']
- A new chemical substance is exempt from the PMN requirement if it is manufactured solely for export and certain conditions are met.
Under section 12(a) of the Toxic Substances Control Act (TSCA) and 40 CFR 720.30(e), a new chemical substance is exempt from the premanufacture 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.
It should be noted that chemical substances, mixtures, or articles can be covered by TSCA if EPA finds that the substance will present an unreasonable risk within the U.S. For example, EPA may require that the substance be tested.