EPA proposes Significant New Use Rule for the manufacturing or processing of 330 inactive PFAS

February 09, 2023

On January 26, 2023, the U.S. Environmental Protection Agency (EPA) proposed a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for an estimated 300 per- and poly-fluoroalkyl substances (PFAS) that have not been manufactured, imported, or processed for many years and are consequently designated as inactive on the TSCA Chemical Substance Inventory.

As it stands, companies are only required to submit a notification if they should choose to manufacture, import, or process a PFAS substance designated as inactive. Companies subject to the SNUR would be required to file a Significant New Use Notification (SNUN) with EPA at least 30 days before commencing any manufacture (including import) or processing of the chemical substance for a significant new use.

Once EPA receives this notification, EPA must review and approve the notification, and take any necessary actions before the individual or company can proceed with manufacture.  Comments on the proposed rule must be received on or before March 27, 2023.

How can TSG help you?

Need support understanding if your activities or products are impacted, or preparing a Significant New Use Notification? TSG’s TSCA experts are happy to help. Get in touch with our team: [email protected]

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