Friday, January 25, 2013

Proposed SNURs Under Toxic Substances Control Act

EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for four chemical substances which were the subject of premanufacture notices (PMNs). The proposed rule would require persons who intend to manufacture, import, or process any of the chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. Comments on the proposed rule must be received on or before February 22, 2013.

The chemicals subject to the proposed SNUR are:
  • Pentane, 1,1,1,2,3,3- hexafluoro-4-(1,1,2,3,3,3- hexafluoropropoxy)-CAS number: 870778-34-0
  • Three partially fluorinated alcohol substituted glycols (generic).

As background, Section 5(a)(2) of TSCA authorizes EPA to determine that a use of a chemical substance is a "significant new use." EPA must make this determination by rule after considering all relevant factors, including
  1. The projected volume of manufacturing and processing of a chemical substance.
  2. The extent to which a use changes the type or form of exposure of human beings or the environment to a chemical substance.
  3. The extent to which a use increases the magnitude and duration of exposure of human beings or the environment to a chemical substance.
  4. The reasonably anticipated manner and methods of manufacturing, processing, distribution in commerce, and disposal of a chemical substance.
Once EPA determines that a use of a chemical substance is a significant new use, TSCA section 5(a)(1)(B) requires persons to submit a significant new use notice (SNUN) to EPA at least 90 days before they manufacture, import, or process the chemical substance for that use.


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