On June 24, the U.S. Environmental Protection Agency (EPA) proposed significant new use rules (SNURs) (Batch “21-3.5e”) for chemical substances that were the subject of premanufacture notices (PMNs) and Toxic Substances Control Act (TSCA) Orders. This action would require persons who intend to manufacture (which includes import) or process these chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity.

EPA will take comments on the proposed SNURs through July 25, 2022

The required notification initiates EPA’s evaluation of the intended use within the applicable review period. Manufacture and processing for the significant new use would be unable to commence until EPA has conducted a review of the notice, made an appropriate determination on the notice, and taken such actions as are required with that determination.

TSCA section 5(a)(2) states that EPA’s determination that a use of a chemical substance is a significant new use must be made after consideration of all relevant factors, including:

  • 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.

According to EPA’s notice in the Federal Register, “In determining what would constitute a significant new use for the chemical substances that are the subject of these SNURs, EPA considered relevant information about the toxicity of the chemical substances, potential human exposures and environmental releases that may be associated with possible uses of these chemical substances, in the context of the four TSCA section 5(a)(2) factors listed in this unit.”

Relevant PMNs include, but are not limited to the following:

  • PMN P-19-73: Propoxylated, ethoxylated alkoxyalkyl ether (generic). The generic (non-confidential) use of the substance will be as a polymer coatings additive—low foaming wetting agent.
  • PMN P-19-98: Phosphoric acid, polymer with (hydroxyalkyl)-alkanediol and alkanediol (generic). Use of the substance will be as a flame retardant additive for intumescent coatings.
  • PMN Numbers: P-20-112, P-20-113, P-20-114, P-20-115, P-20-116, and P-20-117: Use of the substances will be as additives for polymers ( e.g., rubber, plastics, adhesives, coatings and sealants).
  • PMN P-20-173 Silsesquioxanes, alkyl, alkoxy- and hydroxy- terminated (generic). The generic (non-confidential) use of the substance will be as a coating additive.
  • PMN P-18-154  Isocyanic acid, polyalkylenepolycycloalkylene ester, 2-alkoxy alkanol and 1-alkoxy alkanol and alkylene diol blocked (generic). The generic (non-confidential) use will be as a crosslinking agent for coatings.

The full list of PMNs in this proposed Batch of SNURS is shown below.

Contact ACA’s Riaz Zaman for more information.