EPA Corrects Omission in Rule for Chemical New Use Electronic Reporting Requirements

Chemical manufacturers and importers must comply with electronic submission rules when asking the Environmental Protection Agency to modify or revoke significant new use notification requirements, according to an agency rule correction (76 Fed. Reg. 30,835).

The direct final rule published May 27 in the Federal Register corrects an omission in a rule issued last year that established electronic submission requirements for notices and supporting documents filed under Section 5 of the Toxic Substances Control Act.

The January 2010 final rule required chemical manufacturers and importers to switch from paper submissions to electronic reporting over a two-year period (34 CRR 25, 1/11/10).

The rule covered premanufacture notices (PMNs), significant new use notices, test market exemptions, low-volume exemption notices, low exposure or low release exemption notices, biotechnology notifications for genetically modified microorganisms, notices of commencement of manufacture or import, and supporting documents such as correspondence and test data.

Inadvertently Omitted From Rule.

The modification and revocation requests for significant new use notices were inadvertently omitted in the final version of the rule, EPA said.

Under Section 5 of TSCA, chemical manufacturers must submit a significant new use notice to EPA at least 90 days before manufacturing or processing a chemical for the new use.

The modification or revocation requests may be submitted electronically through EPA’s Central Data Exchange using the agency’s electronic-PMN reporting software, the agency said. The agency will allow submissions by CD and DVD until April 6, 2012, as long as they are generated using the e-PMN software. All submissions must be filed through EPA’s Central Data Exchange as of April 6, 2012.

By Avery Fellow

For more information, contact Greg Schweer of EPA’s Office of Pollution Prevention and Toxics at (202) 564-8469 or schweer.greg@epa.gov .