EPA Withdraws SNURS for 145 Chemicals Published Aug. 1
On Sept. 26, EPA published in the Federal Register a notice that it has withdrawn direct final Significant New Use Rules (SNURS) for 145 chemicals that were published on Aug. 1, 2018. EPA took this action following receipt of adverse comment affecting all 145 SNURs by the closing of the comment deadline on Aug. 31. EPA will address comments in a separate rulemaking it had simultaneously published on Aug. 1 at 83 FR 37455, FRL-9981-16. In that rulemaking, EPA issued the same 145 SNURs as proposed SNURs.
The SNURS for the 145 chemical substances, which were the subjects of premanufacture notices (PMNs), would have taken effect on Oct.26, 2018.
Under TSCA, once SNURs are finalized, persons who intend to manufacture (defined by statute to include import) or process any of the 145 chemicals for an activity that is designated as a significant new use by a SNUR, are required to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA’s evaluation of the intended use within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required with that determination.
Notably, the SNURs might have required restrictions on use and discharge of chemical substances, Personal Protective Equipment, and record-keeping, among other requirements.
Contact ACA’s Riaz Zaman for more information.