Aug 31, 2016

EPA Proposes Changes to Regulations Governing Significant New Use Rules under TSCA

The U.S. Environmental Protection Agency (EPA) has published a proposed rule that would revise the regulations governing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) to align these regulations with revisions to the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS). The proposed rule also seeks to align the SNUR requirements with changes to the OSHA Respiratory Protection Standard and the National Institute for Occupational Safety and Health (NIOSH) respirator certification requirements pertaining to respiratory protection of workers from exposure to chemicals. EPA is also proposing changes to the significant new uses of chemical substances regulations based on "issues that have been identified by EPA and issues raised by public commenters, as well as minor changes to reporting requirements for pre-manufacture notices (PMNs) and other TSCA section 5 notices. EPA is accepting comments on these proposed changes until Sept. 26, 2016.

Section 5 of TSCA governs EPA's New Chemicals Program, which helps manage the potential risk to human health and the environment from chemicals new to the marketplace. Under Section 5, companies are required to submit notices to EPA at least 90 days before they manufacture or import a new chemical substance in U.S. commerce, or manufacture or process a substance or mixture for a "significant new use." EPA is authorized to determined that a use of a chemical substance is a "significant new use" by rule by issuing an SNUR. EPA makes this determination by considering relevant factors....

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