TSCA §5-Premanufacture and Significant New Use Notification
Author | Carolyne R. Hathaway/William K. Rawson/Ann Claassen/Julia A. Hatcher |
Pages | 21-33 |
Page 21
Chapter IV:
TSCA §5—Premanufacture and
Significant New Use Notification
A. Statutory Notice Requirements
TSCA §5(a) prohibits the manufacture of a “new
chemical substance” or the manufacture or pro-
cessing of an existing chemical substance for a “sig-
nicant new use” unless a PMN or signicant new
use notice (SNUN) is submitted to EPA at least
90 days before the commencement of such manu-
facture or processing.1 During the 90-day review
period, EPA evaluates t he new chemica l substance
or use to determine whether limitations, restric-
tions, testing requirements, or other actions are
necessary to protect against an unreasonable risk of
injury to health or the environment.
1. Definition of New Chemical Substance
and Significant New Use
A substance is a “new chemical substance” subject
to the notication requirements of TSCA §5(a)
if it is not included in the Inventory of chemical
substances compiled and ma intained by EPA pur-
suant to TSCA §8(b).2 us, whenever a chemical
does not appear on either the public or the con-
dential TSCA Inventories, it must be treated as a
new chemical substance that cannot be ma nufac-
tured, processed, or distributed in commerce until
a PMN has been led.
Similarly, manufacturers or processors of exist-
ing chemical substances must notify EPA before
undertaking any “signicant new uses” of those
substances. e signicant new use requirements
apply to a limited universe of EPA-designated uses
of existing chemicals. Specically, use of an Inven-
tory-listed chemical is not a “signicant new use”
unless EPA promulgates a regulation that identies
1. 15 U.S.C. §2604(a), ELR S. TSCA §5(a).
2. Id. §2602(9), ELR S. TSCA §3(9).
with specicity such uses for a particular chemical
substance or category of chemical substances.3 In
identifying signicant new uses, EPA must con-
sider “all releva nt factors,” including the projected
volume of the substance that will be manufac-
tured or processed for t he new use, the extent to
which the new use w ill cha nge or increa se human
and environmental exposure to the substa nce, and
the anticipated manner and methods of manu-
facturing, processing, distributing, and disposing
of the substance for the new use.4 Substances to
which signicant new use rules (SNURs) apply are
identied on t he TSCA Inventory and in detailed
regulations.5
2. Content of Notice
TSCA §5(d)(1) species the information and data
that must be included in the PMN or SNUN
submitted pursuant to §5(a).6 is information
includes, to the extent ascertainable, the chemical
identity and structure of the substance, the catego-
ries of use, estimates of the amount ma nufactured
or processed for each categor y of use, a nticipated
byproducts, estimated employee exposure, and
expected method of disposal.7 In addition, avail-
able test data on the health or environmental
eects of the chemical substance must be submit-
ted or described.8
3. Id. §2604(a)(1)(B), (a)(2), ELR S. TSCA §5(a)(1)(B), (a)(2).
4. Id. §2604(a)(2), ELR S. TSCA §5(a)(2).
5. See Signicant New Uses for Specic Chemical Substances, 40
C.F.R. pt. 721, subpt. E.
6. See 15 U.S.C. §2604(d)(1), ELR S. TSCA §5(d)(1). is
section incorporates most of the information requirements
described in id. §2607(a)(2), ELR S. TSCA §8(a)(2).
7. Id. §2607(a)(2), ELR S. TSCA §8(a)(2).
8. Id. §2604(d)(1)(B)-(C), ELR S. TSCA §5(d)(1)(B)-(C).
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