[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR707.60]

[Page 28-29]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 707--CHEMICAL IMPORTS AND EXPORTS--Table of Contents
 
            Subpart D--Notices of Export Under Section 12(b)
 
Sec. 707.60  Applicability and compliance.


    (a) Section 12(b) of the Toxic Substances Control Act requires any 
person who exports or intends to export a

[[Page 29]]

chemical substance or mixture to notify the Environmental Protection 
Agency of such exportation to a particular country if any of the 
following actions have been taken under the Act with respect to that 
chemical substance or mixture:
    (1) Data are required under section 4 or 5(b),
    (2) An order has been issued under section 5,
    (3) A rule has been proposed or promulgated under section 5 or 6, or
    (4) An action is pending, or relief has been granted under section 5 
or 7.
    (b) No notice of export will be required for articles, except PCB 
articles, unless the Agency so requires in the context of individual 
section 5, 6, or 7 actions.
    (c) Any person who exports or intends to export polychlorinated 
biphenyls (PCBs) or PCB articles, for any purpose other than disposal, 
shall notify EPA of such intent or exportation under section 12(b). PCBs 
and PCB articles have the definitions published in Sec. 761.3 of this 
title respectively.
    (d) Any person who would be prohibited by a section 5 or 6 
regulation from exporting a chemical substance or mixture, but who is 
granted an exemption by EPA to export that chemical substance or 
mixture, shall notify EPA under section 12(b) of such intent to export 
or exportation.
    (e) Failure to comply with section 12(b) as set forth in these rules 
will be considered a violation of section 15(3) of the Toxic Substances 
Control Act, and will subject the exporter to the penalty, enforcement, 
and seizure provisions of sections 16 and 17 of the Toxic Substances 
Control Act.