EPA has released a Significant New Use Rule (SNUR) proposal for use of various Toluene Diisocyanate (TDI) compounds for use to make consumer products, including articles. EPA is concerned about the chemicals as a skin and respiratory sensitizer and likely carcinogen that are volatile if remaining as uncured residuals in consumer goods (OSHA regulates TDI pretty tightly in the workplace). Because there is current, ongoing use in consumer products in consumer coatings, adhesives, elastomers, binders, and sealants, only those speciifc uses with more than 0.1% residual would be subject to a SNU Notice. EPA believes the levels are currently at or under 0.1% by weight. Any other uses in consumer products would be covered by the SNUR, including importation of articles. Fortunately, EPA is not extending section 12(b) notice to articles. The SNUR is effective for anyone who begins manufacture, import or processing for the identified consumer uses as of the date of publication of the proposed SNUR.
The new uses and chemicals:
—Toluene Diisocyanates ad Related Compounds Subject to Reporting for
Any Use in a Consumer Product: CAS# 9019-85-6, 9017-01-0, 26747-90-0, 26603-40-7
—Toluene Diisocyanates and Related Compounds Subject to Reporting for
Any Use in A Consumer Product (Except for use in Coatings, Adhesives,
Elastomers, Binders, and Sealants at Less than or Equal to 0.1 Percent in a
Consumer Product):CAS#91-08-7, 584-84-9, 26471-62-5
So why do a SNUR when nobody is using it at those levels? It looks good for EPA protecting consumers and may stop import of irresponsible products. It's possible EPA may receive comments on the proposal that such uses are indeed ongoing, in which case the agency would need to look to an allegedly section 6 rulemaking to stop the products.
EPA has extended the comment period until April 30, 2015.