Lion's office will be closed for the holidays on 12/25 and 26. Online training support is available by email (support@Lion.com) each day from 8:30 AM to 5 PM ET. 
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

These are the best commercial course references I have seen (10+ years). Great job!

Ed Grzybowski

EHS & Facility Engineer

These are the best classes I attend each year. I always take something away and implement improvements at my sites.

Kim Racine

EH&S Manager

The instructor clearly enjoys his job and transmits that enthusiasm. He made a dry subject very interesting and fun.

Teresa Arellanes

EHS Manager

Lion's online training is more comprehensive, has better slides, and is a superior training experience than what I would get from other trainers.

Robert Brenner

District Environmental Manager

I will never go anywhere, but to Lion Technology.

Dawn Swofford

EHS Technician

I have over 26 years of environmental compliance experience, and it has been some time since I have attended an environmental regulations workshop. I attended this course as preparation for EHS Audits for my six plants, and it was exactly what I was looking for.

Frank Sizemore

Director of Regulatory Affairs

No comparison. Lion has the best RCRA training ever!!

Matt Sabine

Environmental Specialist

The exercises in the DOT hazardous materials management course are especially helpful in evaluating your understanding of course information.

Morgan Bliss

Principal Industrial Hygienist

I can take what I learned in this workshop and apply it to everyday work and relate it to my activities.

Shane Hersh

Materials Handler

I was recently offered an opportunity to take my training through another company, but I politely declined. I only attend Lion Technology workshops.

Stephanie Gilliam

Material Production/Logistics Manager

Download Our Latest Whitepaper

Tips to identify and manage universal waste under more-stringent state regulations for generators and universal waste handlers in California.

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.