safe importation of materials

Reviewing Regulations: TSCA Section 13

Challenge  

A manufacturer of wood treatment chemicals solicited Antea Group’s assistance in reviewing reporting requirements related to the importation of chemicals from Central America and Asia.

Solution  

Based upon discussions with the client, it was determined that the review should be targeted to wood treatment chemicals which would be repackaged and sold, or used to enhance current products.

Antea Group reviewed the TSCA Section 13 regulation [40 CFR 707] in addition to online sources for guidance. Under Section 13 of TSCA, a chemical importer must either certify that the chemical substances being imported complies with all applicable rules or orders under TSCA (positive certification) or certify that the chemical substances are not subject to TSCA (negative certification).

Result  

After a detailed review of TSCA Section 13, receipt of product information, and discussions with the client, Antea Group determined that a ‘negative certification’ was required due to the chemicals classification as pesticides. The negative declaration document was prepared and presented to the client for appropriate submittal. Antea Group provided guidance on the submittal process.