On November 29, 2024, EPA issued a supplemental proposed rule to update significant new use rules (SNURs) previously proposed for 17 PFAS under Section 5 of the Toxic Substances Control Act (TSCA). A SNUR creates a notification requirement for significant new uses of a chemical, and provides EPA with the opportunity to review and make a risk determination for those significant new uses. EPA previously proposed SNURs for these 17 PFAS on December 2, 2022 (87 Fed. Reg. 74072) that would have required notice to EPA for uses other than those described in applicable premanufacture notices (PMNs) or EPA orders issued pursuant to TSCA as well as for annual production over 2,500 pounds. In response to a public comment on the December 2022 proposal, because these 17 PFAS are not on the TSCA Inventory and no exemptions were granted for their manufacture, the supplemental proposed rule would find that there are no ongoing uses of these PFAS. Accordingly, any use of these 17 PFAS would be a significant new use that would require 90-day notice to EPA and completion of EPA review before manufacture, import, or processing can commence.
Public comments on this supplemental proposed rule are due by December 30, 2024, and the proposed rule and a link for submitting public comments can be found here.
