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EPA/OPPTS | RIN: 2070-AJ15 | Publication ID: Spring 2009 |
Title: Effects of Transfers of Ownership on Obligations Under Section 5 of TSCA | |
Abstract: Companies frequently transfer ownership or other rights with respect to a chemical substance to a different company or person. These transfers may have regulatory implications because of the transferor's earlier submittal under the Toxic Substances Control Act (the "Act") of a premanufacture notice, a significant new use notice or an exemption notice to EPA for the chemical substance. The Agency has not always required the transferee to submit a new notice and has allowed the transferee to manufacture the chemical substance under the original company's authorization. Because there are no rules or definitive guidance concerning the procedures regarding transfer of ownership, this issue has not been addressed in a clear and consistent manner. Furthermore, it is not always clear when the transferee is liable under the Act to the same extent as the transferor. Therefore, to clarify these issues, EPA is considering whether to adopt a rule to accomplish several purposes: (1) to provide a clear procedural mechanism to address such transfers; (2) to require the transferee to specifically assume all of the legal obligations associated with the transferred right to manufacture; and (3) to provide notice to the Agency of a proposed transfer thereby allowing the Agency to engage in more meaningful compliance monitoring. | |
Agency: Environmental Protection Agency(EPA) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 40 CFR 720 | |
Legal Authority: 15 USC 2604 |
Legal Deadline:
None |
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Timetable:
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Additional Information: SAN No. 4975 | |
Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Roy Seidenstein Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M, Washington, DC 20460 Phone:202 564-9274 Fax:202 564-9490 Email: seidenstein.roy@epa.gov Greg Schweer Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 1200 Pennsylvania Avenue NW, Mail Code 7405M, Washington, DC 20460 Phone:202 564-8469 Fax:202 564-9094 Email: schweer.greg@epa.gov |