Significant New Use Rules for New Chemicals Completing PMN Review

• Author: Carolyne R. Hathaway/William K. Rawson/Ann Claassen/Julia A. Hatcher
• Pages: 55-60

Page 55

Chapter VII:

SNURs for New Chemicals

Completing PMN Review

A. SNUNs

1. SNUN Requirements

SNURs provide the mechanism by which EPA

applies the restrictions on manufacture, processing,

use, and disposal included in §5(e) consent orders

to subsequent manufacturers a nd processors of the

PMN substance.1 TSCA §5(e) consent orders, dis-

cussed in Part V I, apply only to the manufacturer

submitting the PMN for the new chemical sub-

stance. EPA has made extensive use of the SNUR

process to regulate new and existing chemicals,

with more than 900 SNURs listed in Subpart E

of the SNUR regulations.2 Some of these SNURs

apply to multiple chemicals. For example, the

SNUR applicable to the ma nufacture and import

of certain PFAS lists more than 250 chemical sub-

stances subject to these reporting requirements.3

Further, EPA has indicated that it may extend use

of SNURs to chemicals in imported articles, in

order to regulate introduction of those chemicals

into the U.S. af ter voluntary cessation of domestic

manufacture.4

TSCA §5(a) prohibits the manufacture or pro-

cessing of a chemical substa nce for a use EPA has

determined through promulgation of a SNUR to

be a signicant new use, unless t he manufactu rers

or processors who propose to undertake a SNUR-

designated new use le a SNUN.5 SNUNs oper-

ate much like PMNs; they enable EPA to evaluate

new uses of a chemical substance before they are

1. 15 U.S.C. §2604(a)(1)(B), (2), ELR S. TSCA §5(a)(1)(B),

(2).

2. 40 C.F.R. §721, subpt. E (§§721.225- .10200).

3. Id. §721.9582.

4. See U.S. EPA, P D E (PBDE)

A P (2009), available at http://www.epa.gov/opptintr/

existingchemicals/pubs/pbdes_ap_2009_1230_nal.pdf.

5. Id. §2604(a)(1)(B), ELR S. TSCA §5(a)(1)(B).

undertaken and decide whether such uses should

be subject to special regulations.

e following must submit SNUNs:

• persons who intend to manufacture, import,

or process for a signica nt new use a desig-

nated substance subject to a SNUR;

• persons who intend to manufacture, import,

or process a SNUR-designated substance for

distribution in commerce, unless that person

can document that

 the recipient of the substance was

notied, in writing, of t he specic

regulatory provisions identifying the

substance and its signicant new

uses,

 the recipient has knowledge of the

specic regulatory provisions identi-

fying t he substance and its signicant

new uses, or

 t he recipient cannot u ndertake a ny

signicant new use of the substance,

and

• persons who intend to manufacture, import,

or process a SNUR-designated substance for

distribution in commerce, if that person has

knowledge that a recipient intends to engage

in a signicant new use of the substance with-

out submitting the required notice.6

A manufacturer, importer, or processor of a

SNUR-designated substance, who distributes the

substance in commerce and subsequently learns

that a recipient of the substance is engaged in a sig-

nicant new use of the substance, has two options.

6. 40 C.F.R. §721.5(a)-(b).