The EPA is withdrawing one significant new use rule (SNUR) and replacing it with another for the chemical cobalt lithium manganese nickel oxide. The agency received a notice of intent to submit adverse comments on the rule, so the original expedited SNUR couldn't keep.

The chemical substance identified as cobalt lithium manganese nickel oxide (CAS No. 182442-95-1) was the subject of premanufacture notice (PMN) P-04-269. This proposed rule would require persons who intend to manufacture, import, or process the substance for an activity that is designated as a significant new use to notify the EPA at least 90 days before commencing that activity.

The record for the direct final SNUR on this substance was established as docket EPA-HQ-OPPT-2009-0922. That record includes information considered by the agency in developing the direct final rule and the notice of intent to submit adverse comments.

The chemical is subject to a "risk-based" consent order under TSCA. The proposed 5(e) SNUR would designate as a significant new use the absence of the protective measures required in the corresponding consent order.

During the review of the chemical substance P-04-269, the EPA concluded that regulation was warranted, pending the development of information sufficient to make reasoned evaluations of the health or environmental effects of the chemical substances.

Comments on the new SNUR must be received on or before Dec. 20, 2010.

SOURCE: Federal Register (Withdrawal)

SOURCE: Federal Register (New SNUR)