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On 4 April 2025, the United States notified the World Trade Organization (WTO) of a proposed rule to establish Significant New Use Rules (SNURs) for 37 chemical substances under the Toxic Substances Control Act (TSCA). The proposal was published by the U.S. Environmental Protection Agency (EPA) in the Federal Register under docket number EPA-HQ-OPPT-2024-0332. 

Scope and Regulatory Background 

The SNURs aim to require manufacturers, importers, and processors to submit a Significant New Use Notification (SNUN) at least 90 days before engaging in any activity identified as a significant new use. This enables EPA to evaluate any potential health or environmental risks before such uses begin. 

The affected substances, which were previously reviewed under Premanufacture Notices (PMNs), are used in various applications, including polymers, coatings, adhesives, surfactants, perfumes, UV-curable resins, and catalysts. The proposed SNURs seek to limit uses that deviate from original risk assessments. 

What’s Next? 

The public comment period ended on 6 May 2025. EPA will now review the submitted feedback and may revise the proposal before publishing a final rule. Once finalized, the rule will be incorporated into 40 CFR Part 721 and compliance will be legally binding. 

Stakeholders, particularly those in the chemical manufacturing and import sectors, are advised to monitor for updates and prepare for potential regulatory obligations once the final rule is issued. 

Introduced in the 2025–2026 legislative session, California Senate Bill 682 (SB 682) aims to address environmental and public health concerns associated with perfluoroalkyl and polyfluoroalkyl substances (PFAS). These substances are often referred to as "forever chemicals" due to their persistence in the environment and human body. 

Key Highlights of SB 682: 

1. Timeline for PFAS Restrictions: 

• January 1, 2027: Prohibition on distributing, selling, or offering for sale covered products containing intentionally added PFAS. There are exceptions for previously used products and instances where federal law preempts state regulation. 

• January 1, 2033: Broader restrictions on additional PFAS-containing products, unless deemed unavoidable by the Department of Toxic Substances Control (DTSC). 

• January 1, 2040: Further prohibitions on specific products, including refrigerants and solvents, unless exempted. 

2. Definition of Covered Products: 

The bill defines "covered products" to include a range of items such as cleaning products, cookware, dental floss, juvenile products, food packaging, and ski wax. 

3. Regulatory Framework: 

The Department of Toxic Substances Control (DTSC) must adopt regulations by January 1, 2027, to enforce these provisions. This includes establishing application fees. Once the regulations are in place, it will be illegal to distribute, sell, or offer for sale non-exempt products that contain more than allowed levels of PFAS. 

4. Compliance and Enforcement: 

Manufacturers will need to register with the DTSC and certify their compliance with PFAS prohibitions. The department will have the authority to test products, issue violations, and impose penalties for non-compliance. 

5. Transparency and Public Access: 

The DTSC will maintain a publicly available list of products deemed to have a currently unavoidable use of PFAS. This ensures transparency and enables consumers and businesses alike to make informed decisions. 

What This Means for You: 

As a business owner or stakeholder in the consumer products industry, it’s crucial to stay informed about these upcoming changes. Compliance with these regulations will not only be necessary to avoid penalties but also to align with growing consumer demand for PFAS-free and environmentally safer products. 

Next Steps: 

• Review Your Products: Assess your current product lines for PFAS content and begin planning for compliance with the new regulations. 

• Stay Informed: Keep an eye on updates from the DTSC regarding the development of the regulations and the compliance application process. 

• Engage with Stakeholders: Consider discussing these changes with your supply chain partners to ensure a smooth transition and compliance strategy.