EPA to Require Electronic TSCA "New Use" Change Requests
The Environmental Protection Agency has issued a direct final rule amending the procedures for requests for modification or revocation of Toxic Substances Control Act (TSCA) section 5 significant new use notification (SNUN) requirements by establishing electronic submission requirements. EPA had issued a final rule in January 2010 introducing electronic reporting requirements for TSCA section 5 submissions and supporting documents but inadvertently left out requirements for electronic submission of requests for modifications or revocations of SNUN requirements.
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The direct final rule is effective July 26, 2011, unless EPA receives adverse comment on or before June 27; in which case, EPA will withdraw the direct final rule and issue a proposed rule.
Must Normally Submit SNUN Modification/Revocation Requests Electronically
The direct final rule amends 40 CFR 721.185 on the limitation or revocation of certain notification requirements by adding electronic submission requirements. Instead of allowing for the submission of mailed-in, paper requests, it now states that any affected person may request modification or revocation of significant new use notification requirements for a substance that has been added to subpart E (on significant new uses for specific chemical substances) by submitting a request via EPA’s Central Data Exchange (CDX) using EPA-provided e-PMN reporting software, unless allowed by 40 CFR 720.40(a)(2)(i), (ii), or (iii) to do otherwise.1 The request must be accompanied by information sufficient to support the request.
1These subparagraphs allow for the use of alternative submission methods until certain dates, such as allowing optical disc submissions until April 2012, etc.
(See ITT’s Online Archives or 03/17/10 news, 10031720, for BP summary of the January 2010 final rule on electronic submission of TSCA Section 5 notices.)
EPA contact -- Greg Schweer (202) 564--8469
(FR Pub 05/27/11)