Search

New TSCA Rule Keeps Inactive PFAS Inactive

Posted on 1/9/2024 by Roger Marks

More than three hundred per- and polyfluoroalkyl substances (PFAS) not currently made or used in the US, i.e., “inactive PFAS,” may not be manufactured or processed in the future unless EPA completes a full risk review and determination first. 

Proposed in early 2023, the recently announced Final Rule to prevent these 329 so-called “forever chemicals” that are not currently in use from re-entering the marketplace and environment. 

The Final Rule covers 329 PFAS that are designated as “inactive” on the TSCA Inventory and which are not already subject to a Significant New Use Rule (SNUR).

Read EPA’s announcement about the Final Rule (EPA.gov). Lion News continues to track this rulemaking and will update this post when the Rule is published to the Federal Register with an effective date.
 

New TSCA Rule Keeps Inactive PFAS Inactive

What is a SNUR?

When a chemical substance is covered by a TSCA Significant New Use Rule (SNUR), any person who wants to produce, process, or import that chemical for a “significant new use” must notify EPA 90 days in advance. 

A SNUR typically includes details about what activities involving the chemical EPA considers significant new uses. A SNUR might stipulate, for example, that “manufacturing or importing Chemical X for use as an additive in paints or coatings.”  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.

SNURs may also be broad in scope, like the new SNUR covering more than 300 PFAS. In this case, the “new use” is manufacturing or importing the chemical for any use. This means that anyone who wishes to manufacture/import/process one of 300+ covered inactive PFAS inventory will be required to notify EPA 90 days before starting the activity.

How Does EPA Know These PFAS Are Inactive? 

The 329 PFAS covered by the new SNUR are “inactive” on the TSCA inventory, meaning none of them have manufactured, imported, or processed for any purpose in the US since at least 2006.  

We know this because, in 2016, EPA required many chemical facilities to provide data about their manufacturing and import activities over the prior ten years. EPA used the data to divide the TSCA inventory into those chemical substances that are “active” in the past ten years and those that are inactive.  In all, about half (48%) of the nearly 90,000 chemicals on the TSCA Inventory were found to be active in commerce. 

Five years later, in 2021, EPA required similar reporting from manufacturers and importers of PFAS, covering chemical production, importing, processing, and use since 2011. The data collected likely informed EPA’s decision about which PFAS are currently active in commerce and which are inactive. 

TSCA Regulations Online Course

Be confident you know how EPA's Toxic Substances Control Act (TSCA) regulations impact your responsibilities for chemical management, inventory reporting, and recordkeeping.

The TSCA Regulations Online Course covers what professionals in the chemical manufacturing, import/export, storage, and processing fields must know to achieve and maintain TSCA compliance. 

Tags: environmental compliance, environmental regulations, PFAS, TSCA

Find a Post

Compliance Archives

Lion - Quotes

I really enjoyed this training. Even after years on both sides of the comprehension coin, I find myself still learning! The quality of the delivery exceeded much of the training I have received in the past.

Neil Ozonur

Safety Officer

This was the 1st instructor that has made the topic actually enjoyable and easy to follow and understand. Far better than the "other" training providers our company has attended!

Lori Hardy

Process & Resource Administrator

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

Brittany Holm

Lab Supervisor

The online course was well thought out and organized, with good interaction between the student and the course.

Larry Ybarra

Material Release Agent

Having the tutorial buttons for additional information was extremely beneficial.

Sharon Ziemek

EHS Manager

This training broke down the regulations in an easy-to-understand manner and made them less overwhelming. I now feel I have the knowledge to make more informed decisions.

Amanda Oswald

Shipping Professional

You blew the doors off the competition!

Stephen Bieschke

Facilities Manager

Excellent job. Made what is very dry material interesting. Thoroughly explained all topics in easy-to-understand terms.

David Hertvik

Vice President

My experience with Lion classes has always been good. Lion Technology always covers the EPA requirements I must follow.

Steven Erlandson

Environmental Coordinator

The instructor kept the class engaged and made learning fun. There was a lot of information to cover but time flew by. I will definitely use Lion in the future!

Chelsea Minguela

Hazmat Shipping Professional

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.