G/TBT/N/USA/2009  
21 June 2023  
(23-4254) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Environmental Protection Agency (EPA) [2040]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Chemical 
substances; Environmental protection (ICS code(s): 13.020); Production in the chemical 
industry (ICS code (s): 71.020); Products of the chemical industry (ICS code(s): 71.100)  
5. Title, number of pages and language(s) of the notified document:  Significant New 
Use Rules on Certain Chemical Substances (23 - 2.5e); (15 page(s), in English)  
6. Description of cont ent: Proposed rule - EPA is proposing significant new use rules 
(SNURs) under the Toxic Substances Control Act (TSCA)  for certain chemical substances 
that were the su bject of premanufacture notices (PMNs)  and are also subject to an Order 
issued by EPA pursuant to TSCA. The SNURs require persons who intend to manufacture 
(defined by statute to include import) or process any of these chemical substances for an 
activity that is proposed as a significant new use by this rule to notify EPA at least 90 
days before commencing that activity. The required notification initiates EPA's evaluation 
of the use, under the conditions of use for that chemical substance, within the applicable 
review period. Persons may not commence manufacture or processing for the significant 
new use until EPA has conducte d a review of the notice, made an appropriate 
determination on the notice, and has taken such actions as are required by that 
determination.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health o r safety; Protection of the environment  G/TBT/N/USA/2009  
 
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  8. Relevant documents:   
88 Federal Register (FR) 39804, 20 June 2023; Title 40 Code of Federal Regulations (CFR) 
Part 721:  
https://www.govinfo.gov/content/pkg/FR -2023-06-20/html/2023 -13012.htm  
https://www.govin fo.gov/content/pkg/FR -2023-06-20/pdf/2023 -13012.pdf  
This proposed rule is identified by Docket Number EPA -HQ-OPPT-2023-0245. The Docket 
Folder is available on Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-
OPPT-2023-0245/document  and provides access to primary and supporting documents 
as well as comments received. Documents are also accessible from Regulations.gov  by 
searching the Docket Number. WTO Members and their sta keholders are asked to submit 
comments to the USA TBT Enquiry Point  by or before 4pm Eastern Time  on 20 July 2023. 
Comments  received by the USA TBT Enquiry Point from WTO Members and their 
stakeholders will be shared with the regulator and will also be submitted to the Docket  
on Regulations.gov i f received within the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  20 July 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_10448_00_e.pdf