The U.S. Environmental Protection Agency (EPA) has issued a direct final rule under the Toxic Substances Control Act (TSCA) for significant new uses of 107 different chemicals. 77 Fed. Reg. 23,235 (9/21/2012). The rule requires those who intend to manufacture, import or process any of these chemicals for new significant uses to notify EPA at least 90 days before commencing that activity. EPA would then evaluate the intended use and, if necessary, prohibit or limit the activity before it occurs.
The rule covers a wide variety of substances, including eight that are already subject to risk-based consent orders under TSCA section 5(e), requiring protective measures to limit exposures or otherwise mitigate potential unreasonable risk. Interested parties may submit written adverse or critical comments to any of the significant new use rules until October 22, 2012.