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

Much better than my previous class with another company. The Lion instructor made sense, kept me awake and made me laugh!

Marti Severs

Enterprise Safety Manager

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

The instructor was very knowledgeable and provided pertinent information above and beyond the questions that were asked.

Johnny Barton

Logistics Coordinator

The instructor was very dedicated to providing a quality experience. She did her best to make sure students were really comprehending the information.

Stephanie Venn

Inventory Control Specialist

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

I can't say enough how pleased I was with this course! Everything finally makes sense.

Kim Graham

Lab Manager

I can take what I learned in this workshop and apply it to everyday work and relate it to my activities.

Shane Hersh

Materials Handler

Convenient; I can train when I want, where I want.

Barry Cook

Hazmat Shipping Professional

The instructor was very patient and engaging - willing to answer and help explain subject matter.

Misty Filipp

Material Control Superintendent

The instructor was very very informative, helpful, understandable and pleasant. This course answered many questions I had, being new to this industry.

Frances Mona

Shipping Manager

Download Our Latest Whitepaper

This report details major changes for hazardous waste generators from US EPA’s Generator Improvements Rule, as well as the latest updates from states that are still working to adopt new, stricter Federal requirements.

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.