Lion.com will be offline from 5 PM to 6 PM ET on Friday, February 27, for planned updates. Online training support is available via support@lion.com.
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 like the consistency of Lion workshops. The materials are well put together and instructors are top notch!

Kevin Pylka

Permitting, Compliance & Environmental Manager

We have a very busy work schedule and using Lion enables us to take the course at our own time. It makes it easy for me to schedule my employees' training.

Timothy Mertes

Hazmat Shipping Professional

The instructor was great, explaining complex topics in terms that were easily understandable and answering questions clearly and thoroughly.

Brittany Holm

Lab Supervisor

I love that the instructor emphasized the thought process behind the regs.

Rebecca Saxena

Corporate Product Stewardship Specialist

Lion's online training is more comprehensive, has better slides, and is a superior training experience than what I would get from other trainers.

Robert Brenner

District Environmental Manager

Very well structured, comprehensive, and comparable to live training seminars I've participated in previously. I will recommend the online course to other colleagues with training requirement needs.

Neil Luciano

EHS Manager

Lion was very responsive to my initial questions and the website was user friendly.

Michael Britt

Supply Chain Director

The instructor was probably the best I ever had! He made the class enjoyable, was humorous at times, and very knowledgeable.

Mary Sue Michon

Environmental Administrator

As always, Lion never disappoints

Paul Resley

Environmental Coordinator

The workshop covered a lot of information without being too overwhelming. Lion is much better, more comprehensive than other training providers.

George Alva

Manufacturing Manager

Download Our Latest Whitepaper

Knowing why TSDFs reject loads of hazardous waste—and the exact steps to follow if it happens—can reduce your anxiety and uncertainty about rejection.

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.