[Update 12/23/14:  About 30 of the chemicals have been withdrawn from the direct final rule because there are comments against their listing.  See Federal Register here.

Update 6/10/15:  Proposed SNURs on the 30 chemicals previously withdrawn, now open for comment.  See Federal Register here.]

EPA is withdrawing the SNURs on EPA is cranking out Significant New Use Rules (SNURs) this year.  Another 52 were published today.  These are "direct final" rules, meaning they go into effect in 60 days unless someone comments against a rule.  Nine of these are based on the new PMN chemicals receiving a consent order under section 5(e).  The remaining 43 are based on risk concerns if the chemical is used any way other than what was described in the PMN.

What you should do:

1.  Track these Federal Register notices to make sure chemicals you use or want to use are not subject to a new SNUR.

2.  Make sure that your regulatory experts see any information received from suppliers that a SNUR applies.  Sometimes this notice is buried in a Safety Data Sheet.  Make sure someone knowledgeable is reading SDS updates.

3. If you have already been using the chemical in a "new" use under the SNUR, it's not new and you need to contact EPA within the 60 comment period, so they can exclude your use as not "new."

4.  Avoid the SNUR by not doing a "new" use (e.g., use the PPE required, don't let it be discharged to water).

5.  Submit TSCA 12(b) export notices, if applicable.
EHS Strategies, Inc. can help you determine what you have to do under a SNUR.


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