EPA recently issued important new usage rules (SNUR) for three chemical substances under the Toxic Substances Control Act (TSCA) as a result of its pre-production notification (PMN). These rules require affected persons to notify the EPA at least 90 days before starting to manufacture (regulatory definition includes import) or process any listed chemical substances for designated important new uses, and to submit a significant new use notice (SNUN). SNURs become effective on October 15, 2021. The chemical substances of SNURs are as follows:

All manufacturers or importers of chemical substances must register the chemical with EPA by submitting a PMN. As part of the PMN, the registered company must describe the intended use of the chemical substance. Those who intend to manufacture, import or process certain PMN substances for commercial purposes and intend to engage in important new uses of such substances must submit a SNUN to the agency.

When determining the important new uses of the chemical substances that are the subject of these SNURs, the EPA will consider information about the toxicity of the chemical substances and the potential human exposure and environmental release that may be associated with these substances. The following factors:

Although the new SNUR name is for chemicals subject to confidential business information declarations, SNUR provides a description of the types of chemical substances covered by the new use. Therefore, manufacturers and importers of chemicals in the above process categories may be subject to SNUR restrictions due to their process chemicals and be restricted in the future use and distribution of these substances.

The important new use of these chemicals is usually to limit the production volume within the range specified in the PMN. Covered facilities must also meet the existing record keeping requirements in 40 CFR § 721.125. EPA can revise or revoke the SNUN requirements for chemical substances that have been added to the SNUR list at any time.

In order to establish an important new use, EPA must determine that the use will no longer continue. Chemical substances subject to this rule are undergoing PMN review when the proposed rule is signed, and are not on the TSCA list. If the EPA does not receive a notice of activation (NOC) and the chemical substance is not added to the TSCA list, no one may start such activities without first submitting a PMN. Therefore, for chemical substances subject to these SNURs, EPA concluded when signing the proposed rule that the designated important new use does not exist.

Manufacturers and importers who intend to process polymers and other chemical substances listed in the SNUR may wish to develop compliance plans for record keeping and restrictions imposed under the new regulations. Self-audits conducted in accordance with the EPA's self-regulatory policy can provide the company with the greatest degree of protection to prevent enforcement due to violations of SNUR requirements.

Disclaimer: Due to the general nature of this update, the information provided here may not be applicable in all situations, and action should not be taken without specific legal advice based on specific circumstances.

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