EPA proposes Significant New Use Rules (SNURs) for certain chemicals — 90-day notice before new uses (TSCA)

EPA published a proposed rule establishing Significant New Use Rules (SNURs) under the Toxic Substances Control Act (TSCA) for certain chemical substances.

1Which chemicals are covered

The substances were the subject of premanufacture notices (PMNs) and are also subject to an Order issued by EPA under TSCA. The SNURs require anyone who intends to manufacture (defined by statute to include import) or process any of these substances for an activity proposed as a significant new use to notify EPA at least 90 days before commencing that activity.

2From notice to evaluation

The required notification initiates EPA's evaluation of the conditions of that use for that chemical. Manufacture or processing for the significant new use may not commence until EPA has reviewed the notification, made an appropriate determination, and taken such actions as required by that determination.

3From notice to being allowed to proceed

A SNUR asks for more than a filing. What follows the notice is written into the rule.

1. 1Notify 90 days aheadAnyone intending to manufacture or process for a significant new use must notify EPA
2. 2EPA evaluatesIt evaluates the conditions of that use of that chemical substance
3. 3EPA makes a determinationIt reviews the notice and makes an appropriate determination
4. 4Nothing starts until action is takenManufacture or processing cannot begin until required action follows that determination

The substances covered are those subject to premanufacture notices and also subject to an order issued by EPA under TSCA. A SNUR is the mechanism letting EPA review safety before a new use begins, and for anyone manufacturing, importing or processing for the US market, whether a substance and use are covered is the practical question.