Section 5 (a) (2) of the TCCA

Sezione 5(a)(2) del TSCA

Section 5 (A) (2) of the TCCA - Determination of new significant uses

  • Section 5 (A) (2) of the TCCA authorizes the EPA to determine what a "significant new use" for a chemical substance constitutes.
  • The EPA considers several factors to make this decision, including:
    • The expected volume of production and processing of chemical.
    • The measure that uses changes the type or form of exposure of human beings or the environment to chemical substance.
    • The extent that use increases the extent and duration of the exposure of human beings or the environment to chemical substance.
    • The methods and methods reasonably envisaged of the production, processing, commercial distribution and disposal of a chemical.
  • If it is believed that the use of a chemical is a "significant new use", it is necessary to present the APA a significant notice (Snun) at least 90 days before the start of production or processing.
  • The Environmental Protection Agency (EPA) in the United States pursuant to the Toxic Substances Control Act (TCA) has the power to designate a chemical substance as having a "significant new use" (Snun).
  • If a chemical has been assigned an Snun designation, it means that the EPA has established that the new use of the substance could potentially cause environmental or health problems that have not been considered in the initial revision of the pre-production notice (PMN).
  • The list of chemicals with Snun designation is continuously updated as new potential risks are identified and evaluated. The EPA maintains an inventory of TCCA chemicals, which includes all the existing chemicals produced, transformed or imported into the United States. Many of these substances can have an Snun designation in certain circumstances.
    • For example, a chemical originally produced for use in industrial processes could receive a Snun designation if a company plans to start using it in consumer products, due to the potential greater exposure of the public.
  • The EPA pursuant to the Toxic Substances Control ACT (Tsca) has designated some chemicals perfluoroalchil carboxylate with long chain (LCPFAC) such as Snur chemicals (significant new use rule). This was due to concerns about their potential impact on the environment and health.
  • LCPFAC chemicals are part of the largest group of per- and polypluoroalchilic substances (PFAS), known for their persistence in the environment, potential of bioaccumulus and potential adverse effects on human health. These chemicals have been used in a wide variety of consumer products in the last 60 years, including non -stick pots, stain -resistant furniture and rugs, anti -clergy clothes and water -repellent and many other daily use products.
  • According to the Snur provisions of the Tsca, the producers (including importers) are required to notify the EPA at least 90 days before producing or transforming chemical substance for a new significant use. The requested notification starts the evaluation by the APA of the conditions of use associated with the new significant use provided.
  • The EPA therefore has the opportunity to evaluate the expected use and, if necessary, to ban or limit this activity before it happens. This rule allows APA to act to prevent or limit activities that can contribute to chemical risks before these risks occur.
  • Therefore, if a manufacturer intends to use or produce LCPFAC substances in a new way, he should collect information and present them to the EPA as part of the Snur process. This information may include data on chemical properties, environmental impacts, potential exposure paths and safety measures that will be implemented to protect workers and the public.
  • The perfluorootottanic acid (PFOA) and its salts, part of the largest group of per- and polypluoroalchilic substances (PFAS), have been identified by the Undonancel Protection Agency (EPA) US for the significant new rules of use (SNUR) pursuant to the Toxic Substances Control Act (TCCA).
  • Pfoa is an extremely persistent synthetic compound in the environment. It has been used in a wide variety of industrial and consumer products, including non -stick pots, tissue fabrics and rugs, some food packaging and specialized applications such as fire foam.
  • There are several reasons why the PFOA and its salts are subject to the SNUR:
    • Persistence: Pfoa and its salts do not naturally decompose in the environment and therefore can remain there for a long time.
    • Bioaccumulus: these substances can accumulate in the body over time, increasing potential health risks.
    • Potential health risks: exposure to PFOA has been associated with several health problems, including kidney and testicles cancer, thyroid diseases, liver damage and development problems.
    • Environmental concerns: due to their persistence, these substances can travel long distances in the environment, contaminating the soil and water.
  • According to the Snur provisions of Tsca, the producers (including importers) of Pfoa and its salts are required to notify the EPA at least 90 days before producing, importing or transforming the chemical for a new significant use. The requested notification offers the APA the opportunity to evaluate the expected use and, if necessary, to ban or limit this activity before it occurs.

 

Ahmed Sakr

Product Compliance Consultant

ComplyMarket Ug (Technical Description)

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