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March 21, 2011

EPA Updates Table Listing Sunset Dates of Chemicals Subject to Final TSCA Section 4 and Related Section 12(b) Actions

Bergeson & Campbell, P.C.

Last month, the U.S. Environmental Protection Agency (EPA) updated its table listing the sunset dates of chemicals subject to final Toxic Substances Control Act (TSCA) Section 4 and related Section 12(b) actions. The table lists, in ascending Chemical Abstracts Service (CAS) Registry Number order, all chemical substances and mixtures that are and/or have been the subject of final TSCA Section 4 test rules and/or TSCA Section 4 enforceable consent agreements/orders (ECA) issued by EPA under the TSCA Existing Chemicals Testing Program, and as such, are obligated for reporting under TSCA Section 12(b). The table includes the sunset date or other status information for each chemical substance or mixture. When a sunset date is indicated on the table, the TSCA Section 4 testing, reimbursement, reporting, and Section 4-related Section 12(b) export notification requirements terminate on that date. The table is available online.

EPA notes that TSCA Section 12(b) export notification requirements are also triggered by proposed or final actions issued under TSCA Sections 5, 6, or 7, and that the table does not reflect the status of Section 12(b) export notification requirements that are triggered by such actions. EPA also includes a disclaimer that, while the table is intended to provide guidance for those persons potentially affected by TSCA Section 4 testing and/or reimbursement requirements and TSCA Section 4-triggered TSCA Section 12(b) reporting requirements, the table does not replace or supercede the requirements found in the implementing regulations. EPA states: “The applicability of a particular TSCA Section 4 action to a given person for the purposes of complying with TSCA Section 4 and TSCA Section 12(b) requirements is dependent solely on the final requirements specified for the chemical substances and mixtures that are identified in final TSCA Section 4 and/or Section 12(b) actions published in the [Federal Register].”

Parties that are engaged in chemical export should review the updated table to ensure reporting systems are up to date.