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

The course was very informative and presented in a way that was easily understood and remembered. I would recommend this course.

Jeffrey Tierno

Hazmat Shipping Professional

Having the tutorial buttons for additional information was extremely beneficial.

Sharon Ziemek

EHS Manager

The exercises in the DOT hazardous materials management course are especially helpful in evaluating your understanding of course information.

Morgan Bliss

Principal Industrial Hygienist

Lion does a great job summarizing and communicating complicated EH&S-related regulations.

Michele Irmen

Sr. Environmental Engineer

Lion is easily and consistently the best option for compliance training. I've learned new information from every instructor I've had.

Rachel Mathis

EHS Specialist

The training was impressive. I am not a fan of online training but this was put together very well. I would recommend Lion to others.

Donnie James

Quality Manager

Excellent class, super instructor, very easy to follow. No rushing through material. Would like to take his class again.

Lawrence Patterson

EH&S Facility Maintenance & Security Manager

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

Henry Watkins

Hazardous Waste Technician

The instructor did an excellent job presenting a very dry subject; keeping everyone interested and making it enjoyable.

Marc Bugg

Hazardous Waste Professional

The instructor does a great job at presenting material in an approachable way. I have been able to save my company about $30,000 in the last year with what I have learned from Lion!

Curtis Ahonen

EHS&S Manager

Download Our Latest Whitepaper

Spot and correct 4 of the most common universal waste errors before they result in a notice of violation during a Federal or state inspection.

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.