EPA Finalizes New Use Rule (SNUR) for 329 PFAS under TSCA
U.S. Environmental Protection Agency (EPA) recently announced a Significant New Use Rule (SNUR) to prevent 329 PFAS that are not currently in use, from re-entering the marketplace and environment. The Final Rule covers 329 per- and poly-fluoroalkyl substances so-called “forever chemicals” that are targeted as “inactive” on the TSCA Inventory, and which are not part of the existing Significant New Use Rule (SNUR). This final rule will come into effect on March 11, 2024. A SNUR normally covers details about the activities involving the chemical which the EPA considers as significant new uses. When a chemical substance is included in 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. This means that anyone who wishes to manufacture/import/process one of the 300+ covered inactive PFAS inventories will be required to notify EPA 90 days before starting the activity. Once receives a notification, EPA must review and assess whether the new use may cause an unreasonable risk to health and the environment. EPA proactively prevents PFAS from entering the air, land, and water at levels that can adversely impact human health and the environment. This SNUR is necessary to make sure that EPA receives timely advance notice of any future manufacturing (including import) or processing of inactive PFAS for new uses that may produce changes in human or environmental exposures. This Final Rule strengthens the regulation of PFAS by preventing anyone from resuming manufacturing or processing inactive PFAS without EPA review. Compliance XL provides consulting services to companies in the field of TSCA, PFAS compliance, and the collection of supplier declarations. We also help customers regularly maintain their supplier certificates and declarations to ensure they are up to date as part of their compliance and data management strategy. FAQs 1.Which chemical substances are subjected to EPA SNUR under TSCA? 329 PFAS that are currently designated as inactive on the TSCA Inventory and that are not subject to an existing SNUR. 2.What are the exemptions that applies to inactive PFAS? Inactive PFAS present as impurities, byproducts not used for commercial purposes, R&D purposes, test marketing purposes, as non-isolated intermediates and solely for export from US.
US EPA proposed a Reporting rule for 1,300-plus PFAS compounds
The new reporting rule by US EPA require the manufacturers and importers to provide extensive information for more than 1300 substances used in US for last 10 years. The agency mentioned that as on April 2021, there were around 1346 PFAS on TSCA inventory ,with 669 active in US commerce. One time disclosure requirement for PFAS produced and imported since Jan 1, 2011, was added to TSCA section 8(a) in The 2020 National Defense Authorization Act (NDAA).This data would help in future regulatory action. Importers and Manufacturers should show the details with regards to the use of any TSCA compounds. They should show the chemical identity, quantities generated, processed and its by products, environmental and health impacts, worker exposure counts and lengths and its disposal. Any byproducts, impurities and articles containing the compounds should also be reported. The enactment of the final rule is supposed to happen on 1 Jan 2023, there is one year reporting timeline. Companies can start the submission six months after the rule is implemented. Reporting would be done in EPA’s electronic platform. Companies can show that they previously supplied necessary details under the Chemical Data Reporting (CDR) rule to prevent data replication. In the beginning of submission deadline, EPA has put forward a requirement for five-year record keeping for reporters. They need to maintain copies of everything they submit. By understanding the PFAS origin and amount, the reporting would clarify the exposure pathways, public health and ecological effects. This will help EPA to prioritize PFAS action plan. Comments about this proposal will be taken by EPA for 60 days. EPA is focused collecting inputs particularly on: Coverage of PFAS in imported articles Issues for economic assessment specially on smaller business Format of collecting environmental and health details Proposed scope and if agency should ask for additional one. Talk to one of our TSCA Specialists today!
EPA Announces Path Forward for TSCA Chemical Risk Evaluations
On 30th Jun 2021, US EPA announced an important policy change under TSCA. These changes are surrounding risk evaluation by the previous administration and the path forward for the 10 chemicals to undergo risk evaluation. The changes include revisiting the assumption of PPE, changes in consideration of exposure pathway, and revisiting the assessments for determining unreasonable risk for the whole chemical. EPA plans to reopen the risk evaluation of 1,4-dioxane and further examine methylene chloride, trichloroethylene, carbon tetrachloride, perchloroethylene, NMP, and 1-bromopropane. In continuation, EPA will develop a screening-level approach to assess ambient air and surface water fenceline, to identify potential unreasonable risks to fenceline communities associated with air and water exposures. Way forward, EPA will make this information available for public comments and will be reviewed by the Scientific Advisory Committee on Chemicals. Whole Chemical Approach EPA has reviewed the risk evaluations issued for HBCD, PV29, and asbestos (part 1: chrysotile asbestos) in continuation to determine risks associated with PPE and include a whole chemical risk determination for these three chemicals. Read more on the EPA website: EPA Announces Path Forward for TSCA Chemical Risk Evaluations
Did you know? TSCA added 5 new PBT Substances
Initially the Toxic Substances Control Act (TSCA) by Environmental Protection Agency (EPA) applied only to the production, importing, and processing of chemicals. This new rule has added restrictions on the TSCA chemicals present in the article. It has created an impact on many manufacturers for the first time. It is time to reconsider your compliance status to address compliance risks because of these new additions. As per Jan 6, 2021, 5 Persistent, Bioaccumulative and Toxic (PBT) substances are restricted under TSCA are: PIP 3:1- Phenol, isopropylated phosphate DecaBDE- Decabromodiphenyl ether HCBD – Hexachlorobutadiene PCTP – Pentachlorothiophenol 2,4,6- TTBP – 2,4,6-tris(tert-butyl) phenol Out of the above 5 chemicals, PIP 3:1 and DecaBDE, are commonly seen in electronic equipment. pbt chemicals TSCA has provided the restriction threshold only for PCTP (1% at product or mixture level) and 2,4,6- TTBP (≤ 0.3% by weight in any container with a volume of less than 35 gallons), for all the other three substances are fully restricted. PIP 3:1 is the chemical that is restricted on mass scale because of its wide range presence in electronic equipment. It’s used in Cables, all type of Controllers, Insulators, Connectors, Computers, Circulators, Fans, Batteries, Display, Liquid crystals, Cylinders, Gas Boxes, Magnets, Motors, and Oscillators. The more restriction is on PIP 3:1, because its not restricted in any of the regulations before. Whereas, DecaBDE is already restricted under RoHS and listed in REACH SVHC. The Deadline to remove PIP 3:1 from the products that are sold or manufactured in US is Sep 4, 2021.The deadline for DecaBDE removal from products , was March 8, 2021 and for the products that are exported to US is Jan 6, 2022. 2,4,6- TTBP should be removed from the products and commercial distribution should be stopped after Jan 6, 2026. It is found in fuel, fuel related additives and cleaners. Manufacturing, processing, and distribution of HCBD/HCBD containing products was prohibited from March 8, 2021. It’s used as a halogenated aliphatic hydrocarbon. Manufacturing, processing PCTP/ PCTP containing products was prohibited from March 8, 2021 and commercial distribution should be stopped after Jan 6, 2022. Mainly industrial uses and no consumer uses. Talk one of global compliance experts to know how the new additions to TSCA restricted PBTs and stay compliant.