EPA Amends SNUR Regulations to Protect Workers’ Health

2022-08-10

On July 5, 2022, the U.S. Environmental Protection Agency (EPA) issued a final rule amending the regulations governing significant new uses of chemical substances under the Toxic Substances Control Act (TSCA) to align with revisions that were made to the Occupational Safety and Health Administration (OSHA) Hazard Communications Standard (HCS) and changes to the OSHA Respiratory Protection Standard and the National Institute for Occupational Safety and Health (NIOSH) respirator certification requirements for the respiratory protection of workers from exposure to chemicals. 87 Fed. Reg. 39756. In addition, EPA is amending the regulations governing significant new use rules (SNUR) to address issues that have been identified by EPA and raised by stakeholders through public comments. EPA is also making a minor change to reporting requirements for premanufacture notices (PMN) and other TSCA notifications. EPA states that it “expects these changes to have minimal impact on the costs and burdens of compliance, while updating the significant new use reporting requirements to assist in addressing any potential risks to human health and the environment.”

Changes to 40 C.F.R. Section 721.63, Protection in the Workplace

The final rule updates language pertaining to the respiratory protection requirements listed in 40 C.F.R. Sections 721.63(a)(4), (a)(5), and (a)(6) to be consistent with both OSHA and NIOSH requirements. In 40 C.F.R. Section 721.63(a)(4), which requires that respirators be used in accordance with 30 C.F.R. Part 11, EPA is replacing the reference to 30 C.F.R. Part 11 with a reference to 42 C.F.R. Part 84 to incorporate the most updated NIOSH regulation for testing and certifying respirators. According to EPA, most manufacturers and processors are already subject to and complying with 42 C.F.R. Part 84. EPA states that this change will apply to all previously issued SNURs that contain significant new use requirements pertaining to respiratory protection by clarifying that manufacturers and processors subject to current SNURs can follow updated respiratory protection requirements without triggering a significant new use notice (SNUN) requirement. EPA will include the updated language in the issuance of new SNURs “as appropriate.”

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B&C, 10-08-22
; https://www.jdsupra.com/legalnews/epa-amends-snur-regulations-to-protect-6687999/