EPA Proposes to Revoke SNUR for Certain Phosphonate
The Environmental Protection Agency is proposing to revoke a significant new use rule (SNUR) issued under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for a chemical substance identified generically as substituted ethoxyethylamine phosphonate, which was the subject of premanufacture notice (PMN) P-95-1950.
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Comments are due by June 10, 2011.
(EPA has previously stated that the substance is used as a scale inhibitor.)
Proposes to Revoke SNUR as Substance no Longer Meets Concern Criteria
In January 1998, EPA issued a SNUR for this substance which designated certain activities as significant new uses1, based on its concern for toxicity to aquatic organisms. Subsequently, EPA was petitioned to revoke the SNUR as certain aquatic toxicity testing demonstrated that the substance has inherently low toxicity. Based on this information, EPA finds that the substance no longer meets the concern criteria and proposes to revoke the SNUR for this chemical substance.
Importers Would Not Need SNUR Cert, TSCA Export Notification Would not Apply
EPA states that if this proposed SNUR revocation becomes effective, importers of substituted ethoxyethylamine phosphonate would no longer be required to certify compliance with the SNUR requirements. In addition, persons who export or intend to export the chemical would no longer be subject to the TSCA section 12(b) (15 USC 2611(b)) export notification requirements that are currently triggered by the SNUR.
New Use Notification and Recordkeeping Would also Terminate
In addition, the significant new use notification and the recordkeeping requirements at 40 CFR 721.6078 would terminate if and when the proposed revocation becomes effective.
1Once EPA determines that a use of a chemical substance is a significant new use, TSCA section 5(a)(1)(B) requires persons to submit a significant new use notice (SNUN) to EPA at least 90 days before they manufacture, import, or process the chemical substance for that use.
EPA contact - Virginia Lee (202) 564-4142, lee.virginia@epa.gov
(FR Pub 05/11/11)