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By Pat Rizzuto
Nov. 9 — New use rules for 57 chemicals, including many nanotubes and some perfluorinated compounds, were issued Nov. 9 by the Environmental Protection Agency.
The EPA already has allowed the 57 chemicals to go into production, with protective measures outlined either in consent orders their manufacturers agreed to follow or in premanufacture notices (PMN) the original manufacturers submitted to the agency.
The direct final rules adopt those conditions so they apply would apply to other manufacturers that want to make the same chemical.
Of the 57 chemicals, the agency concluded 34 might pose an unreasonable risk to people or the environment.
The agency controlled those potential risks through what are called Section 5(e) consent orders, named for the section of the Toxic Substances Control Act that authorizes the EPA to issue the binding orders.
The 34 chemicals that the EPA said might pose an unreasonable risk included 10 nanotubes and five perfluorinated chemicals.
The 57 significant new use rules were issued as direct final regulations. Unless the EPA receives—within 30 days of the rules being published in the Federal Register—a notice of intent to object to one or more of the rules, the 57 regulations will be effective 60 days after the Federal Register notice is filed.
Companies that want to make or use a chemical subject to a new use rule must provide the EPA 90 days notice of that intent. The time allows the EPA to review the intended manufacture or use to determine whether it would pose an unreasonable risk that warrants controls.
The 57 new use rules address chemicals that the EPA reviewed prior to passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Pub. L. No. 114-182), which amended TSCA on June 22.
That means the EPA has yet to publish a decision under amended TSCA about a new chemical that potentially poses a risk.
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The prepublication copy of the EPA's new use rules is available at http://src.bna.com/j0o.
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