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U.S. EPA Adopts 29 New TSCA SNURs

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October 24, 2019Regulatory Reporting TeamBlog

On 15 October 2019 the U.S. Environmental Protection Agency (EPA) issued 29 Significant New Use Rules (SNURs) under the authority of section 5(a)(2) of the Toxic Substances Control Act (TSCA). These SNURs will be effective on 16 December 2019.

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Affected substances and their newly designated significant new uses (SNURs) are listed in 84 Fed. Reg. 55058. Twenty eight of the 29 substances affected by the rule were subject to premanufacture notices (PMNs), whereas all substances are subject to section 5(e) orders.

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The new designations will require businesses to notify EPA at least 90 days prior to commercializing any of the affected substances intended to be used for any of the regulated uses. Only when EPA has expressed an opinion of "not likely to present an unreasonable risk," will businesses be able to market the substance in the U.S. for the regulated use. Finally, businesses should be aware that the new SNURs may trigger export notifications under section 12(b) of TSCA.