The U.S. Environmental Protection Agency (EPA) has published significant new use rules (SNUR s) effective June 26, 2012, for 119 chemicals under the Toxic Substances Control Act (TSC A). 77 Fed. Reg. 25,236 (4/27/12). EPA had already allowed the chemicals to go into production, with protective measures outlined either in consent orders or pre-manufacture notices filed by specific companies.
Of the 119 new chemicals, EPA determined that just four posed an “unreasonable risk” best managed through a consent order. According to EPA, all four were perfluorinated chemicals that persist in the environment, may accumulate in the food chain and have harmed laboratory animals. The remaining chemicals did not have characteristics that would prompt the agency to say they could pose an unreasonable risk if manufactured or used as noted in the original manufacturer’s pre-manufacture notice. Any manufacture or use of a chemical that does not comply with the protective measures set forth in the SNUR s would be considered a new use and require a 90-day notification to EPA. The agency requests comments by May 29.