On January 11, 2024, the EPA issued a Significant New Use Rule (SNUR) for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). The rule applies to 329 PFAS that are classified as inactive in the TSCA list of chemical substances. The Environmental Protection Agency (EPA) states that "an inactive designation means that a chemical substance has not been manufactured (including imports) or processed in the United States since June 21, 2006."
Affected companies must notify the EPA at least 90 days before beginning to manufacture (including import) or process the chemical substance for a significant new use. Once EPA receives a notification, it must review it and make a positive decision on the notification and take any action required by that decision before manufacturing (including importing) or processing for the significant new use can begin. Such a review will assess whether the new use could pose an unreasonable risk to health or the environment and ensure that the EPA takes the necessary measures to protect health or the environment.
Important: Exemptions include the manufacture (including import) or processing of inactive products containing PFAS for use as a non-isolated intermediate, impurity or by-product that is not used for commercial purposes.
The regulation comes into force on March 11, 2024
In addition, the PFAS Reporting Rule under Section 8 of TSCA has been in force since November 13, 2023 (as we reported). Under this rule, companies that manufacture (including import) or have manufactured these chemicals must provide the EPA with information on the use of PFAS as well as
- Production quantities
- by-products
- disposal
- exposure
- and existing environmental or health effects
for the period beginning January 1, 2011.
If you would like to learn more about the requirements regarding substance restrictions and bans or information obligations under the Toxic Substances Control Act in the USA, we recommend that you read the following:
17.04.2024 - GLOBALNORM ACADEMY CURRENT TSCA OFFER
"TSCA & CALIFORNIA PROPOSITION 65 - MATERIAL COMPLIANCE IN THE USA"
Which substance bans manufacturers with the target market USA should know now.
Register here for the webinar (in German) >>
Author
Fully qualified lawyer Inken Green
Product & Material Compliance Expert
