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EPA/OCSPP RIN: 2070-AJ15 Publication ID: Fall 2010 
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: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 720   
Legal Authority: 15 USC 2604   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Withdrawn  09/10/2010    
Additional Information: SAN No. 4975
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: http://www.epa.gov/oppts/  
Sectors Affected: 325 Chemical Manufacturing 
RIN Data Printed in the FR: No 
Agency Contact:
Roy Seidenstein
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
7405M,
Washington, DC 20460
Phone:202 564-9274
Fax:202 564-9490
Email: seidenstein.roy@epa.gov

Greg Schweer
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7405M,
Washington, DC 20460
Phone:202 564-8469
Fax:202 564-9094
Email: schweer.greg@epa.gov