New Rules for 19 Substances

The Environmental Protection Agency promotes an idea for significant new rules for 19 chemical substances.  This action requires notification from persons, 90 days minimum notification prior; who intend to import, manufacture, or process any of the subject 19 chemical substances for any new use before commencing activity.

Disclaimer

THIS IS NOT AN ALL INCLUSIVE RESOURCE.  Check out the full document from the Federal Register.

Please make sure you comply with all Federal, State, Local, Agency, Financial, Legal and Commercial regulations before commencing business operations.  Please consult and comply with all Agency (including EPA) Regulations before commencing commercial activity with any chemicals.  We are not responsible for loss stemming from your negligence to follow laws, regulations, or establish safe work environments.   

THIS IS NOT LEGAL ADVICE.  

Regulations can be a source of opportunity, as they make a major part in the determination of barriers to entry.  An industry or practice is difficult to enter if there is a significant amount of regulative procedures and requirements, but regulations are necessary to increase quality to environment, goods, human health, and services.  All firms need a legal department as they have significant obligations to legal liabilities.

Explanation

The EPA can evaluate the intended use within the applicable period.  No entity can commence manufacture or process for the significant new use until the EPA, conducts it’s review, makes a determination, and takes action necessary to the determinations fulfillment.

This regulation may impact you if you manufacture, process, NAICS codes 325 324110, such as chemical manufactures and petroleum refineries.  The regulations impact you if you manufacture, or process any of the 19 subject chemicals.

The Agency takes action to require notification to the EPA with a minimum of 90 days before the business commence the manufacture, or process for a defined new use with the subject substances.  This is a Direct Final Rule for now, but is also a Proposed Rule.  If the agency receives adverse comment to any of the significant new use rules, they will will publish to the federal register withdrawal and revision of rules the comments pertain to.

Relevant factors in determination of a significant new use include the following:

• The input and output volume of manufacture and processing of a subject chemical substance.
• The extent that a use of subject chemical substance, changes the form, and impact of exposure to human beings, and the environment.
• The extent that a use of subject chemical substance, increases in magnitude or duration; of exposure to human beings or environment.
• The anticipation of reasonable methods of manufacture, process, distribution in commerce, and disposal of a chemical substance.
• Section 5 TSCA authorizes consideration of any relevant factors chosen by the EPA.

The 19 substances subject to these new rules are: PMN Number _ Chemical Name

1. P-15-719_Benzene (flame retardant synergist and radical source)
2. P-16-99_Polyethylene Glycol Polymer (additive for industrial coatings)
3. P-16-221_Flourinated Organopolysilazane (typically used to coat optical lenses) (must be imported)
4. P-16-359_Carbopolycycle-bis (pigment additive for industrial coatings)
5. P-16-363_Blocked Polyester Polyurethane
6. P-16-370_Methoxy-terminated polysiloxane (crosslinker for adhesives and coatings)
7. P-16-376_Hydroxystyrene resin (photolithography)
8. P-16-487_Benzenesulfonic acid (yellow dye for paper)
9. P-16-533_Ethanaminium (cleaning agent for electronics manufacture)
10. P-16-595_Substituted-(hydroxyalkyl)-alkyl-alkanoic acid (polymer)
11. P-17-170_Alkanediol (ultraviolet curable coating resin for 3D applications)
12. P-17-172_Sulfurized alkylphenol, calcium salts (lubricating Oil additive)
13. P-17-177_Monoheteropentacycloalkane (microlithography for electronic device manufacturing)
14. P-17-179_Modified carboxypolyamine salt (dispersive additive for pigments in industrial paints and coatings)
15. P-17-222_1, 3,5-Triazine-2,4-diamine (additive)
16. P-17-231_Fatty acids (paint, stain, primer coating)
17. P-17-247_Branched alkyl (C=17) carboxylic acid (chemical raw material)
18. P-17-248_branched alkyl (C=18) alcohol (chemical raw material)
19. P-17-260_Alkoxy silane modified butadiene styrene copolymer (resin modifier)

Measures companies may be subject to:

• Submission of Toxicity Testing Report to EPA
• Label of containers of Substance and provide Safety Data Sheets (SDS) or Material Safety Data sheets and worker training in accordance with the provisions of the hazard Communication Program
• Use of a National Institute for Occupational Safety and Health certified equipment.
• Compliance with New Chemicals Exposure Limit
• Use of Personal protective equipment
• Establishment of hazard communication program including precautionary statements on each label.
• Ban on Domestic Manufacture of subject chemical
• Allowed Uses of chemical
• Proper Disposal of substance
• Banning on release of substance in surface waters.
• Refrain from modifying the manufacture, process
• and more

Significance

Companies that manufacture or process chemicals are subject to many regulations to include the Toxic Substances Control Act.