EPA Finalizes Significant New Use Rule SNUR to Prevent Reentry of Inactive PFASs into Commerce

On January 8, 2024, the U.S. Environmental Protection Agency (EPA) finalized a Significant New Use Rule (SNUR) that prevents companies from resuming or initiating the production or processing of 329 per- and poly-fluoroalkyl substances (PFAS) that have been inactive for years without a comprehensive EPA review. These "inactive PFAS" were previously used in various industries without proper assessment and pose potential environmental risks. The rule aligns with the Biden-Harris Administration's three-year commitment to environmental justice, public health protection, and addressing the impacts of these persistent "forever chemicals" under the PFAS Strategic Roadmap.

History

When the Toxic Substances Control Act (TSCA) was enacted in 1976, it grandfathered in thousands of chemicals, allowing them to remain in commerce without additional EPA review. For the first 40 years, only about 20% of new chemicals underwent formal EPA review, and the Agency lacked the authority to address chemicals without sufficient information. This gap led to the introduction of PFASs into commerce without comprehensive reviews.

The 2016 TSCA amendments, part of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, mandate a formal safety review for all new chemicals before they enter commerce. The new Significant New Use Rule (SNUR) requires EPA to conduct thorough reviews before inactive PFASs can be reused. TSCA also mandates EPA to maintain and publish the TSCA Inventory, which designates each chemical as "active" or "inactive" in commerce. An "inactive" status indicates that a chemical has not been manufactured (including imported) or processed in the U.S. since June 21, 2006.

The current regulation applies to all PFAS labeled as "inactive" on the TSCA Inventory and not under a SNUR, adhering to the reporting criteria outlined in the Active-Inactive rule for these specified chemicals.

Process

Companies wishing to use any of the 329 chemicals must notify EPA beforehand. EPA will then conduct a thorough review of health and safety data to assess potential risks to human health or the environment, following the guidelines of the updated 2016 law. Any necessary restrictions will be imposed before the new use can commence. The evaluation of new PFAS and their uses falls under EPA's framework, which was introduced in June 2023.