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Details on EPA’s Sell-Through Proposal

3 June 2020

EPA’s latest sell-through proposal was published in the Federal Register on May 22nd, starting a 45-day comment period with written comments due on July 6, 2020. HPBA issued a statement in response to the proposal on May 15th when a pre-publication draft was made public.

  • The proposal was made in response to the impact of COVID-19 closures on sales of Step 1 products as the May 15, 2020 deadline to sell Step 1 appliances approached. 
  • EPA is taking comments on allowing additional time to sell Step 1 appliance. 
  • In order to grant this additional sell-through period, EPA needs to be able to justify the need for additional time due to COVID-19 interruptions or closures on your ability to clear out Step 1 inventory between March 15, 2020 and May 15, 2020.

What is in the Proposal

  • If enacted, the new deadline would be Monday, November 30, 2020; it would not be legal to begin selling Step 1 products until the proposal is finalized, which could be months from now. 
  • It is currently illegal to sell, offer for sale, or transfer ownership of any Step 1 products in the United States. 
  • The only way this changes is if – after consideration of all testimony and public comments – EPA decides to publish a Final Rule in the Federal Register granting sell-through. 

Public Hearing Information

A public hearing (virtual) will be held on Monday, June 8th from 9:00 am EDT to 3:00 pm EDT. 

  • To sign up to speak at the hearing or register to listen in, visit EPA’s website
  • If you wish to provide testimony at the meeting, you must register by the end of the day on Thursday, June 4th. 
  • Testimony will be limited to five minutes per presenter. 
  •  In order for EPA to consider your testimony, it is important that you address the need for sell-through as a result of the closures or lost business due to COVID-19 in the two months leading up to May 15, 2020. 

HPBA Webinar on Testimony and Public Hearing

HPBA will hold a webinar on Thursday, June 4th at 2:00 pm EDT to provide information and answer questions for members who wish to testify at the public hearing. 

  • To register for the HPBA webinar, please click here

HPBA Webinar on Written Comments

HPBA will hold a second webinar on Wednesday, June 17th at 12:00 pm EDT for members who want to provide written comments, which is most important. 

  • Register for this second webinar here 

Source: HPBA Communications

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