U.S. Environmental Protection Agency (EPA) recently announced a Significant New Use Rule (SNUR) to prevent 329 PFAS that are not currently in use, from re-entering the marketplace and environment. The Final Rule covers 329 per- and poly-fluoroalkyl substances so-called “forever chemicals” that are targeted as “inactive” on the TSCA Inventory, and which are not part of the existing Significant New Use Rule (SNUR). This final rule will come into effect on March 11, 2024.
A SNUR normally covers details about the activities involving the chemical which the EPA considers as significant new uses. When a chemical substance is included in a TSCA Significant New Use Rule (SNUR), any person who wants to produce, process, or import that chemical for a “significant new use” must notify EPA 90 days in advance. This means that anyone who wishes to manufacture/import/process one of the 300+ covered inactive PFAS inventories will be required to notify EPA 90 days before starting the activity. Once receives a notification, EPA must review and assess whether the new use may cause an unreasonable risk to health and the environment.
EPA proactively prevents PFAS from entering the air, land, and water at levels that can adversely impact human health and the environment. This SNUR is necessary to make sure that EPA receives timely advance notice of any future manufacturing (including import) or processing of inactive PFAS for new uses that may produce changes in human or environmental exposures. This Final Rule strengthens the regulation of PFAS by preventing anyone from resuming manufacturing or processing inactive PFAS without EPA review.
Compliance XL provides consulting services to companies in the field of TSCA, PFAS compliance, and the collection of supplier declarations. We also help customers regularly maintain their supplier certificates and declarations to ensure they are up to date as part of their compliance and data management strategy.
FAQs
1.Which chemical substances are subjected to EPA SNUR under TSCA?
329 PFAS that are currently designated as inactive on the TSCA Inventory and that are not subject to an existing SNUR.
2.What are the exemptions that applies to inactive PFAS?
Inactive PFAS present as impurities, byproducts not used for commercial purposes, R&D purposes, test marketing purposes, as non-isolated intermediates and solely for export from US.
