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EPA Proposes TSCA Test Rule/SNURs for 45 HPV Chemicals (Group 4: Glycine, Ethane, Etc.)

The Environmental Protection Agency is proposing to issue both a (i) “test rule” under Toxic Substances Control Act (TSCA) section 4(a)(1)(B) to require manufacturers (including importers) and processors of 23 high production volume (HPV) chemical substances to conduct testing to develop certain screening level data; and (ii) a significant new use rule (SNUR) under TSCA section 5(a)(2) for another 22 HPVs that would require EPA notification prior to manufacture, import, or processing of the substances for use in a consumer product, etc.

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Comments are due by January 19, 2012.

(Together, these rules would be the fourth and final in a series of “HPV Challenge” rulemakings that have occurred since 2006 in which companies have been "challenged" to make health and environmental effects data publicly available on chemicals produced or imported in the U.S. in the greatest quantities. EPA simultaneously published its third HPV final “test rule.” (See ITT’s Online Archives 11102719 for summary.)

HPV chemicals are considered those with a production/import volume equal to or greater than 1 million pounds (lbs) per year.)

Mfrs/Importers of 23 HPVs Would Have to Test in Accordance with Rule or Seek Exemption

The proposed test rule would require anyone who manufactures (including imports) or intends to manufacture; or processes or intends to process the following 23 HPV chemical substances to test them (possibly through a consortia) within a certain time period in order to develop certain screening-level health, environmental, and chemical fate data or to seek an exemption from the testing.

EPA notes that if the rule is finalized, persons who export or intend to export a chemical substance identified in any final test rule are also subject to the export notification provisions of 40 CFR part 707, subpart D.

Glycine
Ethane, 1,1,1,2,2,2-hexachloro-
Plumbane, tetraethyl-
1H-Benzotriazole
2H-3,1-Benzoxazine-2,4(1H)-dione
1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, sodium salt (1:1)
Glycine, N-(carboxymethyl)-, sodium salt (1:2)
Phosphonic acid, dibutyl ester
2,5-Furandione, 3-(dodecen-1-yl)dihydro-
2,5-Furandione, dihydro-3-(tetrapropenyl)-
Butanedioic acid, 2-(tetrapropenyl)-
2,5-Furandione, dihydro-3-(octadecen-1-yl)-

Mnfrs/Importers of 22 HPVs Would Have to File SNUN Prior to Significant New Use in Consumer Product, Etc.

Under the proposed SNUR, persons would be required to file a significant new use notice (SNUN) with EPA prior to manufacturing, importing, or processing any of the following 22 HPV chemical substances for use in a consumer product or for any use, or combination of uses, that is reasonably likely to expose 1,000 or more workers at a single corporate entity. This SNUN could lead to EPA prohibiting or limiting that activity before it occurs.

Benzenamine, 3-(trifluoromethyl)-Benzenamine, 2-ethyl-6-methyl-N-methylene-
BenzenemethanethiolBenzenamine, 2,6-diethyl-N-methylene-
Phenol, 4-nitroso-Carbonochloridothioic acid, S-(phenylmethyl)

ester.

2,5-Hexanediol, 2,5-dimethyl-Acetamide, 2,2-dichloro-N,N-di-2-propen-1-yl-
Methanesulfonyl chlorideQuaternary ammonium compounds, benzyl(

hydrogenated tallow alkyl)dimethyl, chlorides.

3-Hexyne-2,5-diol, 2,5-dimethyl-Naphthenic acids, sodium salts
Benzene, 1-bromo-4-fluoroDistillates (coal tar), upper
1,3-CyclopentadieneTail gas (petroleum), cracked distillate

hydrotreater stripper.

4,4′-BipyridineResidues (petroleum), steam-cracked petroleum

distillates cyclopentadiene conc., C4-

cyclopentadiene-free.

Tar, coalAlkenes, C6-10, hydroformylation products, highboiling.
Benzene, ethenylethyl-Ethanol, 2,2′-oxybis-, reaction products with ammonia, morpholine derivs. residues.

(See ITT’s Online Archives 11010713 for summary of the second HPV final “test rule” on 19 HPV chemical substances.)

EPA’s first HPV final "test rule" (FR Pub 03/16/06) available here.

Robert Jones (test rule) (202) 564--8161
Amy Breedlove (SNUR) (202) 564--9823

(FR Pub 10/21/11, D/N EPA--HQ--OPPT--2010--0520)