EPA Clarifies New PFAS Restrictions

To inform businesses using materials containing per- and polyfluoroalkyl substances (PFAS), EPA released the Final Guidance document, clarifying the application of its July 2020 PFAS rule.

The new guide, Compliance Guide for Imported Articles Containing Surface Coatings Subject to the Long-Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate Chemical Substances Significant New Use Rule, was published on January 19, 2021 to address compliance issues that may arise among US businesses.

Specifically, the guide defines “surface coating,” identifies which articles and businesses are subject to the regulation, describes the actions that are required and those that are prohibited, and summarizes the notification requirements of the Significant New Use Rule.

Read the complete PFAS guide now.

By publishing the guide, EPA seeks full compliance with the Significant New Use Rule among chemical and electronics manufacturers, carpet and rug mills, home furnishing wholesalers, and other retailers that may be affected.

According to Significant New Use Rule: Long-Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate Chemical Substances (85 FR 45109), finalized on July 27 and in effect as of September 25, 2020, companies that use, manufacture, import, or process certain long-chain PFAS must receive prior approval from EPA at least 90 days beforehand.

This 90-day period allows EPA to review the notice, assess the requested use, make a determination associated with its use, and take any further action if necessary.

The rule also prohibits the import of articles that use long-chain PFAS as a “surface coating” as well as carpets containing perfluoroalkyl sulfonate chemical substances without EPA review.
 

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Tags: chemicals, environmental, environmental compliance, EPA, PFAS