On December 4, 2015, EPA finalized SNURs for 29 chemical substances that were the subject of PMNs. According to the requirements of this action, manufacturers, processors and importers of these chemical substances for an activity -that is defined as a significant new use -are obliged to notify the Agency at least 90 days before starting that activity. The purpose of this required notification is to enable the Agency to estimate the intended use and, if necessary, to prohibit or restrict the activity before it takes place. The final rule will be implemented on February 2, 2016.
Who is affected by this action?
If you manufacture, process, or use these 29 chemical substances, this proposed rule may apply to you. There is a list of codes based on the North American Industrial Classification System (NAICS), which aims to help readers determine whether this new law applies to them. More specifically, you are potentially affected if you manufacture, import or process one or more subject chemical substances (NAICS codes 325 and 324110), for example: chemical manufacturing and petroleum refineries.
Additionally, chemical importers have to follow the TSCA section 13 (15 U.S.C. 2612) import certification requirements published at 19 CFR 12.118 through 12.127 and 19 CFR 127.28. They are also obliged to certify that the shipment of the chemical substance is in compliance with all applicable rules and orders under TSCA and the SNUR requirements.
Finally, everyone who exports or wants to export a chemical substance, which is subjected to this final rule, is obliged to implement the export notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)) (see § 721.20), and must comply with the export notification requirements in 40 CFR part 707, subpart D.
Through these final SNURs for 29 chemical substances EPA aims to achieve the following goals concerning the significant new uses set in this rule. In other words, EPA will:
- Receive notice of any person’s intent to manufacture or process a listed chemical substance for the described significant new use before that activity begins.
- Be able to review and estimate information submitted in a SNUR before the notice submitter starts manufacturing or processing a listed chemical substance for the described significant new use.
- Have the opportunity to control potential manufacturers or processors of a listed chemical substance before the described significant new use of that chemical substance happens.
EPA was based on information regarding the toxicity of the chemical substances, likely human exposures and environmental releases related to possible uses, in order to define what would establish a significant new use for the chemical substances listed in this statute. The agency also took into account the following factors:
- The projected volume of manufacturing and processing of a chemical substance.
- The extent to which a use changes the type or form of exposure of human beings or the environment to a chemical substance.
- The extent to which a use increases the magnitude and duration of exposure of human beings or the environment to a chemical substance.
- The reasonably anticipated manner and methods of manufacturing, processing, distribution in commerce, and disposal of a chemical substance.
If you want to find out how to determine if a chemical substance is on the TSCA Inventory, check on the Internet at: http://www.epa.gov/opptintr/ existingchemicals/pubs/tscainventory/ index.html
If you need technical information, you may contact: Kenneth Moss, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (202) 564–9232; email address: firstname.lastname@example.org