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:
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:
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