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By John J. Kowalski, CHMM

Among the most recent Environmental Protection Agency (EPA) actions under the Toxic Substances Control Act (TSCA) are the following:

On June 18, 2014, EPA published a direct final rule to modify significant new use rules (SNURs) for 36 chemical substances which were the subject of premanufacture notices (PMNs). These SNURs were previously issued using generic chemical names. This action replaced the generic chemical names with specific chemical names and Chemical Abstracts Service Registry Numbers (CASRNs), as this information is now publicly available. However, the reporting requirements for these substances did not change. These SNURs will continue to require persons to notify EPA at least 90 days before commencing the manufacture or processing of a subject chemical substance for any activity designated by these SNURs as a significant new use. According to EPA, the receipt of such notices allows the Agency to assess risks that may be presented by the intended uses and, if appropriate, to regulate the proposed uses before they occur. For additional information, see 79 Fed. Reg. 34634:  http://www.gpo.gov/fdsys/pkg/FR-2014-06-18/pdf/2014-14259.pdf

Also on June 18, 2014, EPA published a notice announcing its receipt of test data for the chemical substance D-gluco-Heptonic acid, monosodium salt, (2.xi.)-, CASRN 31138-65-5. These data were submitted pursuant to a test rule issued by the Agency under TSCA Section 4. For additional information, see 79 Fed. Reg. 34740: http://www.gpo.gov/fdsys/pkg/FR-2014-06-18/pdf/2014-14245.pdf

On June 19, 2014, EPA published a direct final rule to amend the list of chemical substances that are partially exempt from reporting under the Chemical Data Reporting (CDR) rule. With this direct final rule, the following chemical substances were exempted from reporting of the information described at 40 CFR 711.15(b)(4):

  • 1,3-Propanediol, CASRN 504-63-2;
  • Oils, palm kernel, CASRN 8023-79-8; and
  • Bentonite, acid-leached, CASRN 70131-50-9.

For additional information, see 79 Fed. Reg. 35096: http://www.gpo.gov/fdsys/pkg/FR-2014-06-19/pdf/2014-14367.pdf

On July 7, 2014, EPA published two notices of receipt of PMNs and notices of commencement of manufacture or import (NOCs). The first of these two notices covered the period from May 23, 2013 to September 30, 2013. It reported the receipt of 249 PMNS and 63 NOCs. The second of these two notices covered the period from October 1, 2013 to January 30, 2014. It reported the receipt of 248 PMNS and 106 NOCs. For additional information, see 79 Fed. Reg. 38288 (http://www.gpo.gov/fdsys/pkg/FR-2014-07-07/pdf/2014-15760.pdf) and 79 Fed. Reg. 38302: (http://www.gpo.gov/fdsys/pkg/FR-2014-07-07/pdf/2014-15764.pdf), respectively.

Also on July 7, 2014, EPA published a notice announcing its receipt of test data for the chemical substance 1-Decene, sulfurized, CASRN 72162-15-3. These data were submitted pursuant to a test rule issued by the Agency under TSCA Section 4.

For additional information, see 79 Fed. Reg. 38314: http://www.gpo.gov/fdsys/pkg/FR-2014-07-07/pdf/2014-15762.pdf

On July 8, 2014, EPA published a direct final rule to promulgate SNURs for 13 chemical substances which were the subject of PMNs. Three of these chemical substances are subject to TSCA Section 5(e) consent orders issued by EPA. This action requires persons who intend to manufacture or process any of these 13 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. According to EPA, the required notification will provide the Agency with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. For additional information, see 79 Fed. Reg. 38464: http://www.gpo.gov/fdsys/pkg/FR-2014-07-08/pdf/2014-15874.pdf

On July 9, 2014, EPA published a direct final rule to promulgate SNURs for 43 chemical substances which were the subject of PMNs. Six of these chemical substances are subject to TSCA Section 5(e) consent orders issued by EPA. This action requires persons who intend to manufacture or process any of these 43 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. According to EPA, the required notification will provide the Agency with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. For additional information, see 79 Fed. Reg. 39268:  http://www.gpo.gov/fdsys/pkg/FR-2014-07-09/pdf/2014-15774.pdf

On September 2, 2014, EPA finalized SNURs for 36 chemical substances which were the subject of PMNs. 17 of these chemical substances are subject to TSCA Section 5(e) consent orders issued by EPA. These SNURs were originally proposed on February 25, 2013. This action requires persons who intend to manufacture or process any of these 36 chemical substances for an activity that is designated as a significant new use by this final rule to notify EPA at least 90 days before commencing that activity. According to EPA, the required notification provides the Agency with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. For additional information, see 79 Fed. Reg. 51899: http://www.gpo.gov/fdsys/pkg/FR-2014-09-02/pdf/2014-20783.pdf

On September 4, 2014, EPA withdrew SNURs for six chemical substances which were the subject of PMNs. The Agency published these SNURs, using direct final rulemaking procedures, on July 8 and 9, 2014. EPA subsequently received notices of intent to submit adverse comments on these rules. Therefore, the Agency withdrew these SNURs, as required under the expedited SNUR rulemaking process. EPA intends to publish proposed SNURs for these six chemical substances under separate notice and comment procedures in the near future. For additional information, see 79 Fed. Reg. 52563: http://www.gpo.gov/fdsys/pkg/FR-2014-09-04/pdf/2014-21091.pdf

On September 16, 2014, EPA published two notices of receipt of PMNs and NOCs. The first of these two notices covered the period from February 1, 2014 to March 31, 2014. It reported the receipt of 155 PMNS and 156 NOCs. The second of these two notices covered the period from April 1, 2014 to June 30, 2014. It reported the receipt of 169 PMNS and 89 NOCs. For additional information, see 79 Fed. Reg. 55450: (http://www.gpo.gov/fdsys/pkg/FR-2014-09-16/pdf/2014-22039.pdf) and 79 Fed. Reg. 55460: (http://www.gpo.gov/fdsys/pkg/FR-2014-09-16/pdf/2014-22037.pdf), respectively.

ChemADVISOR’s Dennis Deily talks with attendees at the Brazilian Chemical Trade Association, SINDIQUIM in Porto Alegre, Brazil.

ChemADVISOR’s Dennis Deily (center, in blue) talks with attendees at the Brazilian Chemical Trade Association, SINDIQUIM in Porto Alegre, Brazil.