TSCA part 5 (a) (2)

TSCA Part 5 (a) (2) - Determine significant new uses

• Article 5 (a) (2) TSCA gives the authority to EPA to determine what is meant by "significant new use" for a chemical.
• EPA considers several factors to make this decision, including:
• Projection of production volume and processing chemicals.
• The extent to which a use changes the type or form of human exposure or environment to chemicals.
• The extent to which a use increases the quantity and duration of exposure to chemicals in humans or the environment.
• The ways and methods of manufacturing, processing, distributing in trade, and disposal of a chemical that is anticipated fairly.
• If the use of chemicals is determined as a "significant new use", a significant new use notification (SNUN) must be submitted to EPA at least 90 days before the start of production or processing.
• The Environmental Protection Agency (EPA) in the US based on the toxic Substance Control Act (TSCA) has the authority to establish chemicals as a "significant new use" (SNUN).
• If a chemical has been given the determination of SNUN, it means that the EPA has determined that the new use of the material has the potential to cause environmental or health problems that are not considered in the initial review of pre-production notifications (PMN).
• The list of chemicals as SNUN is constantly updated along with the identification and assessment of new risk potential. EPA manages an inventory of TSCA chemicals, which covers all chemicals produced, processed, or imported in the US. Many of these substances can have the designation of SNUN in certain circumstances.

• For example, chemicals that were originally produced for use in industrial processes may receive the determination of SNUN if the company plans to start using it in consumer products, due to the potential for increasing exposure to the community.

• EPA Based on Toxic Substances Control Act (TSCA) Establishing a certain long chain of Perfluoroalkyl Carboxylate chemicals as a significant new use rule. This is caused by concerns about the potential impact on the environment and health.
• LCPFAC chemicals are part of a large group of substances and polyphluoroalkil (PFAS), which is known for its durability on the environment, the potential for bioaccumulation, and the potential for adverse effects on human health. This chemical has been used in a variety of consumer products over the past 60 years including non-stick cooking utensils, furniture and stain resistant carpets, tangled anti-clothing and waterproof clothing, and many other daily products.
• Based on the provisions of Snur TSCA, producers (including importers) are required to tell EPA at least 90 days before they produce or process chemicals for significant new uses. The notification needed starts the EPA evaluation of the conditions of use associated with significant new use objectives.
• EPA then has the opportunity to evaluate the purpose of use and, if necessary, prohibit or limit the activity before the activity occurs. This rule allows EPA to take action to prevent or limit activities that may contribute to the risk of chemicals before the risk occurs.
• So, if the producer plans to use or produce LCPFAC substances in a new way, they need to gather information and submit it to EPA as part of the Snur process. This information may include data on the nature of chemicals, environmental impacts, potential exposure pathways, and safety steps that will be applied to protect workers and the community.
• PerfluorooCtanoic (PFOA) and salt acid, part of the large group of substances and polyphluoroalkil (PFAS), has been identified by the US Environmental Protection Agency (EPA) for significant new use of rules (SNUR) based on the Act Control of Toxic Substances (TSCA).
• PFOA is a synthetic compound that is very persistent in the environment. Has been used in a variety of industrial and consumer products including non -stick cooking utensils, fabrics and stain resistant carpets, some food packaging, and special applications such as fire extinguishers.
• There are several reasons why the pfoa and salt are subject to Snur:
• Persistence: Pfoa and salt are not decomposed naturally in the environment so that they can survive there for a very long time.
• Bioaccumulation: These substances can accumulate in the body over time, thereby increasing the potential for health risks.
• Potential Health Risk: Exposure to PFOA has been associated with several health problems, including kidney and testicular cancer, thyroid disease, liver damage, and developmental problems.
• Environmental Problems: Because of its persistent nature, these substances can spread far in the environment, polluting the soil and water.
• Based on the provisions of Snur TSCA, producers (including importers) of PFOA and salt are required to tell EPA at least 90 days before they produce, import, or process these chemicals for significant new use. The required notice provides an opportunity for EPA to evaluate the purpose of use and, if necessary, prohibit or limit the activity before the activity occurs.

 

Ahmed Sakr

Product Compliance Consultant

COMPLYMARKET UG (Hftungsbeschraenkt)