USA: new requirements for Significant New Use Rules (SNURs) under TSCA

U.S. Environmental Protection Agency (EPA) has?continued?to propose amendments to the Toxic Substances Control Act (TSCA), specifically to Section 5 governing the?Significant New Use Rules (SNURs)?for chemicals.

In June, EPA?proposed an amendment?to modify the requirements for SNURs such that manufacturers or importers who submit?premanufacture notices (PMNs)?and/or are the subject of TSCA Orders issued by EPA would be similarly required to consider submission of a?Significant New Use Notification (SNUN)?if the manufacturing or processing of the chemical will be for an activity considered a significant new use. The manufacturer or importer must submit a SNUN to EPA at least 90 days before commencing that activity, to allow the EPA time to evaluate and review the notice and new use.

Additionally, in July, EPA?finalized an amendment?to TSCA, effective as of September 6, 2022, impacting SNURs. It requires that the SNURs are better aligned with updates to the?Respiratory Protection Standard?put forth by the Occupational Safety and Health Administration (OSHA) and the OSHA Hazard Communication Standard (HCS), as well as respirator certification requirements under the National Institute for Occupational Safety and Health (NIOSH). The amendment also addresses comments from stakeholders regarding SNURs and makes minor changes to the reporting requirements for PMNs and other TSCA notifications.

Manufacturers and importers should be prepared to address the new requirements under Section 5 of TSCA, paying particular attention to methods for reducing or eliminating worker exposures and changes to calculating potential environmental releases through wastewater effluent.

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