EPA Issues Toxic Substances Control Act Significant New Use Rules for Certain Chemical Substances Used in Chemical Manufacturing and Petroleum Refining

On Thursday, September 29, the U.S. Environmental Protection Agency (EPA) issued Significant New Use Rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that are the subject of premanufacture notices and associated TSCA orders prohibiting manufacturers from undertaking significant new uses. The manufacturing sector will need to factor in the additional EPA review time contemplated by these rules. Under the new SNURs, manufacturers that intend to manufacture or process any chemical now listed in 40 CFR Part 721 subpart E (§§ 721.11635 through 721.11658) must notify EPA at least 90 days in advance and cannot undertake the manufacturing or processing until EPA has conducted its review and determined that the significant new use is not likely to present an unreasonable risk of injury. Manufacturers intending to submit SNUR notices should contact the agency early to receive feedback on what testing EPA will need to review in order to assess human exposure and environmental release that may result from the significant new use as well as the risk posed by the chemical substances as compared to similar risks from potential substitutes.