EPA releases significant new use final rules for 145 chemicals

Washington — The Environmental Protection Agency, in accordance with the Frank R. Lautenberg Chemical Safety for the 21st Century Act, has issued final significant new use rules for 145 chemical substances that were subject to agency premanufacture notices.

The rules, according to a notice published in the Aug. 20 Federal Register, are set to go in effect Oct. 21 and would “require persons who intend to manufacture or process any of these chemical substances for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity.” Such advance notice will allow the agency to regulate the intended use as needed.

The notice states that each substance was subject to consent orders under section 5(e) of the Toxic Substances Control Act – which the Lautenberg Act amended – and “may present unreasonable risk to human health or the environment.”

EPA cites 102 of the substances for which workers must use personal protective equipment when skin is exposed during use. Recommended PPE includes “impervious gloves, chemical goggles or equivalent eye protection, and clothing which covers any other exposed areas of the arms and torso.”

The agency also stipulates that two of the substances be “used only in closed metalworking systems as specified in the [premanufacture notices] with no modifications in the process that would result in worker inhalation exposure.” Further, EPA cites one of the substances for which use of an NIOSH-certified respirator or compliance with a new chemical exposure limit as an 8-hour time-weighted average is required.