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EPA Publishes Final TSCA SNUR for Long Chain PFAS

On July 27, EPA published the final Toxic Substances Control Act (TSCA) Significant New Use Rule (SNUR) for long-chain perfluoroalkyl carboxylate (LCPFAC) and perfluoroalkyl sulfonate chemical substances. EPA originally proposed the SNUR in 2015 and then issued a supplemental SNUR in March 2020 with an amendment to make inapplicable the exemption for persons who import a subset of LCPFAC chemical substances as part of surface coatings on articles. EPA proposed the March 2020 amendment to address new provisions in the 2016 Lautenberg Act and also requested comment on whether it could adopt a de minimis threshold for determining “reasonable potential for exposure” and whether it should include a safe harbor provision for importers of articles that can demonstrate their use was ongoing prior to the effective date of the rule. However, while EPA said they appreciated comments, they did not include a de minimis threshold for determining “reasonable potential for exposure” or a safe harbor provision but said they will continue to engage with stakeholders on the two issues. This final PFAS SNUR will become effective September 25, 2020 and will require persons to notify EPA at least 90 days before commencing the manufacture (including import) or processing of these chemical substances for the significant new uses described in the SNUR. For more information, read the Federal Register Notice and visit the EPA website.