In a resolute move to prevent the resurgence of inactive per- and polyfluoroalkyl substances (PFAS) into commerce, the U.S. Environmental Protection Agency (EPA) issued a final significant new use rule (SNUR) on January 11, 2024. This regulatory measure is designed to curtail businesses from initiating or continuing the manufacture, including import, or processing of 329 PFAS listed as inactive on the Toxic Substances Control Act (TSCA) Chemical Substance Inventory.

Advance Notice Requirement: A Key Provision

Under the final rule, entities subject to the SNUR must provide the EPA with advance notice at least ninety days before commencing the manufacturing, importing, or processing of the chemical substance for a significant new application. This crucial provision aims to enhance transparency and enable thorough scrutiny of potential risks associated with reintroducing these PFAS into various industrial processes.

EPA's Rigorous Evaluation Process: Ensuring Public Health and Environmental Protection

Before manufacturing or processing for the significant new use, the EPA will conduct a comprehensive examination and make an affirmative determination based on the important new use notification (SNUN). This stringent evaluation process is paramount in determining whether the proposed new use poses an unreasonable risk to public health or the environment. The EPA underscores its commitment to taking necessary actions to safeguard public health or the environment, reinforcing the agency's dedication to stringent regulatory oversight.

Effective Date and Implications: March 11, 2024

The SNUR, set to take effect on March 11, 2024, signifies the EPA's proactive stance in addressing potential risks associated with PFAS. By implementing this rule, the EPA aims to fortify regulatory measures, ensuring inactive PFAS are prevented from re-entering commerce without a thorough evaluation and necessary precautions. This regulatory action aligns with the EPA's overarching commitment to protecting public health and the environment from potential hazards associated with chemical substances.