The Environmental Protection Agency (EPA) has finalised Significant New Use Rules (SNURs) under the Toxic Substances Control Act (TSCA), impacting manufacturers and processors of specific chemical substances. Effective 7 March 2025, these regulations mandate prior notification for activities deemed "significant new uses," ensuring compliance and reducing environmental risks.
What are SNURs and Why Are They Important?
SNURs designate specific activities involving chemical substances as "significant new uses," requiring a 90-day notification before these uses can begin. The EPA evaluates the associated risks under the conditions of use and implements risk management measures if necessary.
Affected Businesses and Responsibilities
Entities involved in chemical manufacturing, processing, or importing are required to comply with these SNURs. North American Industry Classification System (NAICS) codes, including chemical manufacturing (325) and petroleum refineries (324110), outline affected industries.
For small businesses, the cost of submitting a Significant New Use Notice (SNUN) is reduced to $14,500, compared to $45,000 for larger businesses. The EPA encourages early consultation to streamline the testing and notification process.
Key Chemical Substances Regulated
- Soybean Meal, Reaction Products with Phosphoric Trichloride (PMN P–16–541): This chemical is now regulated for water release.
- 2-Propenoic Acid Polymers (PMN P–17–299): Workplace safety measures, including respirators with an Assigned Protection Factor (APF) of 1,000, are mandatory.
- Calcium Propionate Complexes (PMN P–18–172): Its use is restricted to architectural coatings.
Premanufacture Notice Codes
The PMN (Premanufacture Notice) codes are identifiers assigned to chemical substances that are subject to review under TSCA. Here are the PMN codes subject to the SNURs:
- PMN P–16–541: Soybean meal, reaction products with phosphoric trichloride.
- PMN P–17–299: 2-propenoic acid, alkyl, polymers with alkyl acrylate and polyethylene glycol methacrylate alkyl ether (generic).
- PMN P–18–172: Calcium carbonate 2-ethylhexanoate neodecanoate propionate complexes.
- PMN P–19–99: Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-, polymer with dimethyl carbonate, 1,2-ethanediamine, and other components (used as a clear coat for wood).
- PMN P–19–118: Substituted polyalkylenepoly, reaction products with alkene polymer (generic).
- PMN P–19–120: Alkenoic acid, polymer with alkanediyl bis substituted alkylene bis heteromonocycle, substituted carbomonocycle, and (alkylalkenyl) carbomonocycle, alkali metal salt (generic).
These PMN codes identify specific chemicals now subject to the EPA's regulatory oversight under the updated SNURs, ensuring any new significant uses undergo a review process to mitigate environmental and health risks.
Costs and Implications for the Industry
The submission of a SNUN incurs costs but is essential to prevent environmental hazards. The EPA estimates a cost of $106 per export notification, with additional costs for testing and compliance.
Despite the financial burden, these regulations are designed to mitigate risks before the manufacture or processing of hazardous chemicals.
