Search

TSCA New Use Rule for 330 Inactive PFAS Proposed

Posted on 2/1/2023 by Lion Technology Inc.

Under a rule proposed last week, notification to US EPA would be required before manufacturing, importing, or processing for any use any of the 330 PFAS chemicals designated as Inactive on the TSCA Inventory.

The proposed Significant New Use Rule (SNUR) would apply to PFAS that are:

  • Designated as Inactive on the TSCA Inventory, and
  • Not subject to an existing SNUR.*

* Includes the SNURs at 40 CFR 721.9582 (“certain perfluoroalkyl sulfonates”) and 40 CFR 721.10536 (“long-chain perfluoroalkyl carboxylate chemical substances”)

EPA will accept public comments on the proposed TSCA SNUR until March 27, 2023.

When a substance is covered by a TSCA Significant New Use Rule, anyone who intends to manufacture, import, or process the covered substance/chemical “for a significant new use” must notify EPA 90 days before starting the activity.

Often, EPA includes details in the SNUR about what uses are considered “significant new uses.” A SNUR may say, for example, that “manufacturing or importing Chemical X for use as an additive in ski wax” is considered a significant new use. Anyone who wishes to manufacture/import/process/use that specific chemical for that specific use would be required to notify EPA 90 days in advance.

Other times, a SNUR can be more restrictive. In the rule proposed on January 26, EPA specifies manufacture (including import) or processing for any use as a significant new use. Therefore, anyone who wishes to manufacture/import/process one of the 330 inactive PFAS on the TSCA inventory would be required to notify EPA 90 days before commencing the activity.

Active vs. Inactive on the TSCA Inventory

The 330 PFAS covered by this proposed SNUR are “inactive” on the TSCA inventory, which means that none of them has been manufactured, imported, or processed for any purpose in the US since at least 2006.  

In 2016, EPA required certain facilities to provide data on chemical manufacturing and import data covering the ten years prior. The data was used to divide the TSCA inventory into those chemical substances that are “active” in the past ten years and those that are inactive.  

TSCA New Use Rule for 330 Inactive PFAS Proposed

Of the roughly 86,000 chemicals on the TSCA Inventory, about half (48%) are now deemed “active” in commerce.  

In 2021, EPA required PFAS manufacturers and importers to report ten years of chemical production, disposal, use, and safety data (2011—2021). That suggests the data EPA is using about which PFAS are being manufactured, imported, processed, or used in the US is relatively current.

Tags: environmental compliance, PFAS, Significant New Use Rule, TSCA, TSCA inventory

Find a Post

Compliance Archives

Lion - Quotes

I was recently offered an opportunity to take my training through another company, but I politely declined. I only attend Lion Technology workshops.

Stephanie Gilliam

Material Production/Logistics Manager

One of the best trainings I have ever received!

Brandon Morfin

EH&S Manager

I have attended other training providers, but Lion is best. Lion is king of the hazmat jungle!!!

Henry Watkins

Hazardous Waste Technician

Lion Technology workshops are amazing!! You always learn so much, and the instructors are fantastic.

Dorothy Rurak

Environmental Specialist

Having the tutorial buttons for additional information was extremely beneficial.

Sharon Ziemek

EHS Manager

I chose Lion's online webinar because it is simple, effective, and easily accessible.

Jeremy Bost

Environmental Health & Safety Technician

Course instructor was better prepared and presented better than other trainers. Course manual and references were easier to use as well.

Marty Brownfield

Hazardous Waste Professional

I have over 26 years of environmental compliance experience, and it has been some time since I have attended an environmental regulations workshop. I attended this course as preparation for EHS Audits for my six plants, and it was exactly what I was looking for.

Frank Sizemore

Director of Regulatory Affairs

Excellent. I learned more in two days with Lion than at a 5-day program I took with another provider.

Francisco Gallardo

HES Technician

Lion courses always set the bar for content, reference, and practical application. Membership and access to the experts is an added bonus.

John Brown, CSP

Director of Safety & Env Affairs

Download Our Latest Whitepaper

Use this guide to spot which tanks and substances are regulated under EPA's Underground Storage Tank program, and which are excluded as of October 2018.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.