G/TBT/N/USA/1370  
 
14 June 2018  
(18-3697) 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 AME RICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible: Environmental Protection Agency (EPA) [1392]  
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 [  ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable): Asbestos  
Asbestos. (HS 2524). Environmental protection (ICS 13.020), Products of the chemica l 
industry (ICS 71.100), Construction materials (ICS 91.100).  
5. Title, number of pages and language(s) of the notified document: Asbestos; 
Significant New Use Rule (12 page(s), in English)   
6. Description of content: Under the Toxic Substances Control Act (TSCA), EPA is 
proposing a significant new use rule (SNUR) for asbestos as defined under the Asbestos 
Hazard Emergency Response Act. The proposed significant new use of asbestos (including 
as part of an article) is manufacturing (including importing) o r processing for certain uses 
identified by EPA as no longer ongoing. The Agency has found no information indicating 
that the following uses are ongoing, and therefore, the following uses are subject to this 
proposed SNUR: Adhesives, sealants, and roof and  non-roof coatings; arc chutes; beater -
add gaskets; extruded sealant tape and other tape; filler for acetylene cylinders; high -
grade electrical paper; millboard; missile liner; pipeline wrap; reinforced plastics; roofing 
felt; separators in fuel cells and batteries; vinyl -asbestos floor tile; and any other building 
material (other than cement). Persons subject to the SNUR would be required to notify EPA 
at least 90 days before commencing any manufacturing (including importing) or processing 
of asbestos (inc luding as part of an article) for a significant new use. The required 
notification initiates EPA's evaluation of the conditions of use associated with the intended 
use within the applicable review period. Manufacturing (including importing) and 
processing (including as part of an article) for the significant new use may not commence 
until EPA has conducted a review of the notice, made an appropriate determination on the 
notice, and taken such actions as are required in association with that determination.  
7. Objective and rationale, including the nature of urgent problems where 
applicable: Protection of the environment  
8. Relevant documents:  83 Federal Register (FR) 26922, 11 June 2018; Title 40 Code of 
Federal Regulations (CFR) Part 721.  Will appear in the Federal Register when adopted.   G/TBT/N/USA/1370  
 
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  9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments: 10 August 2018  
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/2018/TBT/USA/18_30 44_00_e.pdf