U.S. – The EPA Finalizes Amendments to SNUR for Long-chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate Chemical Substances

Vol. 1183 | 31 Aug 2020

On July 27, 2020, the U.S. Environmental Protection Agency (EPA) promulgated the significant new use rule (SNUR) for long-chain perfluoroalkyl carboxylate (LCPFAC) and perfluoroalkyl sulfonate chemical substances, and an amendment to make inapplicable the exemption for persons who import a subset of LCPFAC chemical substances as part of surface coating on articles.

This final rule requires persons to notify the EPA at least 90 days before commencing the manufacture (including import) or processing of these chemical substances for the significant new uses described in this notice. The required significant new use notification initiates the EPA's evaluation of the conditions of use associated with the significant new use. Manufacturing (including import) or processing for the significant new use are prohibited from commencing until the EPA has conducted a review of the notice, made an appropriate determination on the notice, and taken such actions as are required in association with that determination. The EPA states that as with any SNUR, the final rule excludes ongoing uses as ongoing uses cannot be subject to a SNUR.

Effective date of the final rule is September 25, 2020.

Manufacture (including import), processing, or distribution in commerce of chemical substances and mixtures in the class of LCPFAC and perfluoroalkyl sulfonate chemical substances may be potentially affected by this action.

The final SNUR will require persons to notify the EPA at least 90 days before commencing:

• The manufacturing (including importing) or processing of a subset of LCPFAC chemical substances for any use that was not ongoing after December 31, 2015;
• The manufacturing (including importing) or processing of all other LCPFAC chemical substances for which there were no ongoing uses as of January 21, 2015 (the date of the original proposed SNUR);
• The import of a subset of LCPFAC chemicals as part of a surface coating on articles; and
• The import of perfluoroalkyl sulfonate chemical substances as part of carpets.

This final SNUR will preclude the commencement of such manufacturing and processing until EPA has conducted a review of the notice, made an appropriate determination on the notice, and taken such actions as are required in association with that determination.

This final SNUR also modifies the requirements for a subset of LCPFAC chemical substances in the existing SNUR at 40 CFR 721.10536 by:

• Designating manufacturing (including importing) or processing of LCPFAC chemical substances listed in the list of LCPFAC chemical substances in this unit for any use that was no longer ongoing after December 31, 2015, as a significant new use; and
• Designating manufacturing (including importing) or processing of perfluorooctanoic acid (PFOA) or its salts, which are considered LCPFAC chemical substances, and all other LCPFAC chemical substances for any use not ongoing as of January 21, 2015, the date on which the proposed rule was published, as a significant new use.

Final rule can be reviewed at: https://www.govinfo.gov/content/pkg/FR-2020-07-27/pdf/2020-13738.pdf

For questions, please contact Dr. Stella Li (xingyu.li@intertek.com, +1- 503-351-9612), Dr. Pratik Ichhaporia (pratik.ichhaporia@intertek.com, +1-847-212-8273).