Significant New Use Rules on Certain Chemical Substances


Source: Federal Register
Related Topics: Toxic Substances Control Act (TSCA) US Environmental Protection Agency

EPA is promulgating significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 17 chemical substances which were the subject of premanufacture notices (PMNs). Two of these chemical substances are subject to TSCA consent orders issued by EPA. This action requires persons who intend to manufacture, import, or process any of these 17 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

Two chemicals are subject to ‘‘risk-based’’ consent orders under TSCA section 5(e)(1)(A)(ii)(I) in which EPA determined that activities associated with the PMN substances may present unreasonable risk to human health or the environment. Those consent orders require protective measures to limit exposures or otherwise mitigate the potential unreasonable risk. These “5(e) SNURs” are on the following two chemicals:

  • poly[oxy(methyl-1,2-ethanediyl)],, C12-13-branched and linear alkyl ethers, sodium salts (PMN No. P-10-486, CAS No. 958238-81-8), and
  • poly[oxy(methyl-1,2-ethanediyl)],, C14-15-branched and linear alkyl ethers, sodium salts (PMN No. P-10-487, CAS No. 958238-82-9).

The remaining 15 chemicals were not determined to pose an “unreasonable risk” given the use scenario described in the PMNs. Although EPA determined that changes in the use could result in increased exposures, and were given “non-5(e) SNURs”.

Five of these chemicals raised potential worker-health concerns, while most of the others raised concerns about aquatic toxicity.

The five chemicals that raised potential worker-health concerns are:

  • silicate (2-), hexafluoro-, cesium (1:2) (PMN No. P-11-546, CAS No. 16923-87-8), which is a metal-joining agent that appears to have the potential to harm the kidneys, heart muscle, and male reproductive organs if inhaled;
  • benzoic acid, 4-(1,1-dimethylethyl)-, hydrazide (PMN N. P-11-578, CAS No. 43100-38-5), which is used to make other chemicals, but appears to have the potential to be mutagenic, cause skin reactions, harm lungs, and harm development;
  • IPDI modified isophthalic acid, neopentyl glycol and adipic acid (PMN No. P-11-591, No CAS number available), which is an adhesive, but which EPA said appears to have the potential to cause tumors; irritate eyes, skin, and mucous membranes; and cause allergic responses;
  • tin, C16-18 and C18-unsaturated fatty acids castor-oil fatty acids complexes (PMN No. P-11-637, CAS No. 1315588-63-6), which is used to make polyurethane foam, but appears to have the potential to cause allergic skin responses and blood and liver toxicity; and
  • MDI terminated polyester polyurethane polymer (PMN No. P-11-662, CAS number not available), which is a liquid moisture cure adhesive, but which appeared to have the potential to be mutagenic, to irritate lungs and mucous membranes, and to cause allergic responses.

The remaining 10 chemicals, most of which raised some concerns about potential aquatic toxicity, are:

  • ethyleneamine polyphosphates (PMN No. P-09-248, CAS number not available), which is a flame retardant for plastics,
  • formaldehyde, polymer with 4-(1,1-dimethylethyl)phenol, reaction products with 1-piperazineethanamine (PMN No. P-11-33, CAS No. 1191244-16-2), which is a hardener for epoxy resin laminating systems;
  • formaldehyde, polymer with .alpha.-(2-aminomethylethyl) aminomethylethoxy)poly[oxy(methyl-1,2-ethanediyl)] and 4-(1,1-dimethylethyl)phenol (PMN No. P-11-34, CAS No. 1192146-78-3), which also is a hardener for epoxy resin laminating systems;
  • infused carbon nanostructures (PMN No. P-11-188, CAS number not available), which are additives that help composite materials conduct electricity;
  • cyclohexane, oxidized, by-products (PMN No. P-11-316, CAS No. 1014979-92-0), which is an industrial solvent and accelerant for explosives;
  • hexanedioic acid polymer with aliphatic polyol dihydrogen phosphate aromatic ester (PMN No. P-11-333, CAS number not available), which is a component of industrial coatings;
  • alkenoyloxy arylphenone (PMN No. P-11-424, CAS number not available), which is used to make polymers;
  • C15 olefins (PMN No. P-11-511, CAS number not available), which is a petroleum substitute base;
  • cyclohexanol, 2,6-bis(1,1-dimethylethyl)-4-methyl- (PMN No. P-11-580, CAS No. 163119-16-2), which is used to make other chemicals; and
  • 1,3-benzenediol, 4-[1-[[3-(lH-imidazol-1-yl)propyl]imino]ethyl]- (PMN No. P-11-608, CAS No. 1313999-39-1), which is an epoxy catalyst.

The view the direct final rule click here.

DATES: This rule is effective on June 4, 2012. For purposes of judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on April 18, 2012. Written adverse or critical comments, or notice of intent to submit adverse or critical comments, on one or more of these SNURs must be received on or before May 4, 2012

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