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The Environmental Protection Agency (EPA) issued significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that were the subject of premanufacture notices and a Microbial Commercial Activity Notice. This action may affect anyone who manufactures, processes, or uses the chemical substances in this rule. It can also affect certain entities through pre-existing import certification and export notification rules under TSCA.

EPA is issuing these SNURs because they want to:

  • Obtain notice of any person's intent to manufacture or process a listed chemical substance for the defined significant new use before that activity starts.
  • Review and evaluate data submitted in a significant new use notice (SNUN) before the notice submitter starts manufacturing or processing a listed chemical substance for the defined significant new use; and
  • Make a determination under TSCA section 5(a)(3) regarding the use described in the SNUN, under the conditions of use. EPA will either determine that significant new use is not likely to present an unreasonable risk or decide and take the mandatory regulatory action associated with the determination before manufacture or processing for the significant new use of the chemical substance happens.

EPA added and outlined significant new uses for 32 chemical substances (40 CFR 721.11571 through 721.11602). Among others, this includes:

  • Amidoamino quaternary ammonium salt (generic),
  • Alkenylamide (generic),
  • Hindered amine alkyl ester compounds (generic),
  • Mixed metal oxide (generic), and
  • Undecanol, branched.

SNURS require anyone who intends to manufacture or process any of these 32 chemical substances for an action that is designated as a significant new use by this rule to notify EPA at least 90 days before beginning that activity. The rule is effective January 31, 2023.

Key to remember: This final rule affects anyone who manufactures, processes, or uses any of the chemical substances in this action.