27 February 2020

EPA Proposes to Revise Significant New Use Notification Requirements

On February 20, 2020, the United States Environmental Protection Agency (EPA) posted a prepublication version of the agency’s supplemental significant new use rule (SNUR) on long-chain perfluoroalkyl carboxylate (LCPFAC) and perfluoroalkyl and polyfluoroalkyl sulfonate substances. If finalized, the supplemental SNUR would amend the agency’s January 21, 2015, proposed LCPFAC SNUR, which required importers to notify the EPA before importing a subset of LCPFAC chemical substances as part of all articles. Section 5(a)(2) of the Toxic Substances Control Act authorizes EPA to determine which articles are subject to significant new use notification requirements. The supplement would limit the scope of the articles subject to notification requirements, as the new use notification requirements would not apply to all articles containing a subset of LCPFAC chemical substances. Rather, the notification requirements would apply only to articles where the subset of LCPAC chemicals is part of a surface coating. Once EPA publishes the proposed supplemental SNUR in the Federal Register, a 45-day comment period will begin.