On July 27, the U.S. Environmental Protection Agency (EPA), published the final Significant New Use Rule (SNUR) for long-chain perfluoroalkyl carboxylate (LCPFAC) and perfluoroalkyl sulfonate (PFAS)* chemical substances under the Toxic Substances Control Act (TSCA), first proposed in January 2015.
最终的Snur要求人员在制造开始前至少90天通知EPA（包括进口），或者将这些化学品的处理用于任何指定为重要的新用途。这包括将LCPFAC化学品的子集进口作为物品上的表面涂层的一部分，例如在炊具中的Teflon中使用的PFOA。通知后，EPA将评估拟议的使用情况并确定该通知。这不是第一个为PFAS化合物发布的Snur，但包括一个可能影响您的运营和监管责任的扩展名单。
The significant new use determination considers the following:
- 预计的化学物质的制造和加工量，
- The extent to which a use changes the type or form of exposure of human beings or the environment to a chemical substance,
- The extent to which a use increases the magnitude and duration of exposure of human beings or the environment to a chemical substance,
- The reasonably anticipated manner and methods of manufacturing, processing, distribution in commerce, and disposal of a chemical substance.
Changes from the 2015 Proposal and Supplemental SNUR
The final SNUR does not include safe harbor provisions from earlier drafts of the proposed rule that would exempt importers from enforcement actions if they could demonstrate ongoing use prior to the effective date of the rule. The earlier supplemented SNUR proposed in March also included a “de minimis” provision that would have established de minimis thresholds for determining “reasonable potential for exposure.” Ongoing uses cannot be subject to the SNUR.
Reasoning for Further Regulatory Action
正如我们所讨论的那样previously, these substances have been found in the blood of the general human population and wildlife, are widespread due to their unique chemical composition multiple pathways for exposure and have adverse effects in humans and the environment when present in certain concentrations. Due to greater attention, shifting attitudes, and federal and state efforts to regulate the chemicals, EPA expects their presence in the population to decline over time.
Who does the SNUR apply to?
If you manufacture (including import), process or commercially distribute chemical substances in the class of LCPFAC and perfluoroalkyl sulfonate chemical substances, you may be a potentially affected entity. These entities may include: chemical manufacturing and petroleum refineries; carpet and rug mills; manufacturers of computer and other electronic products, appliance, and components; manufactures of surgical and medical instruments; stores and retailers; and more.
For more information, please read the finalrule, which goes into effect September 25, 2020. Businesses that are impacted by this rule should evaluate their operations, what activities may be subject to the rule, and the potential steps needed for achieving compliance.
*EPA recognizes that the acronym PFAS is now used for “perfluoroalkyl and polyfluoroalkyl substances” and will use the acronym accordingly.
如果您想了解更多信息，请在PFAS修复和监管中注册观看我们的网络研讨会。