On 8 January 2024, the US EPA finalized a significant new use rule (SNUNs) for inactive perfluorinated and polyfluoroalkyl substances (PFAS) on the Toxic Substances Control Act (TSCA) Inventory. These inactive PFAS are not subject to a SNUR. This new rule is scheduled to be effective 60 days after its publication. After that, its manufacturers or processors of the 329 PFAS are required to seek EPA review of the activity by submitting a SNUN to EPA and complying with relevant applicable requirements.
If a company wants to use any of these 329 chemicals, they are required to notify EPA first. The Agency would then be required to conduct a robust review of health and safety information under the modernized 2016 law to determine if the new use may present unreasonable risk to human health or the environment and put any necessary restrictions in place before the use could restart. Any new uses of PFAS would be considered under EPA's framework for evaluating new PFAS and new uses of PFAS, announced in June 2023.
What are inactive substances?
Under the Toxic Substances Control Act (TSCA), EPA is required to designate chemical substances on the TSCA Chemical Substance Inventory as either "active" or "inactive" in U.S. commerce.
- "Active" means that a chemical substance has been manufactured, imported or processed without any notifications.
- "Inactive" means that a chemical substance has not been manufactured (including imported) or processed in the United States since June 21, 2006. Inactive substances on the TSCA Inventory must be notified to EPA 90 days prior to planned manufacture, import or processing. On receiving the notification forms, EPA will change the designation of the notified chemical substance on the TSCA Inventory from inactive to active.
About PFAS
Per-and polyfluoroalkyl substances (PFAS) are a group of man-made chemicals that includes PFOA, PFOS, GenX, and many other chemicals. PFAS are widely used, long lasting chemicals, components of which break down very slowly over time. Because of their widespread use and their persistence in the environment, many PFAS are found in the blood of people and animals all over the world and are present at low levels in a variety of food products and in the environment.
Because of its excellent properties including water, soil, and thermal insulation, PFAS are extensively adopted in many different consumer, commercial and industrial products. This makes it challenging to study and assess the potential human health and environmental risks.
Worldwide management on PFAS
Since 2021, the EPA has taken various actions to strengthen managements on PFAS under TSCA. EPA also published the Framework for TSCA new chemicals review of PFAS premanufacture notices (PMNs) and significant new use notices (SNUNs).
As key global players, the EU and USA, are making significant inroads towards minimizing the manufacture, import, sale, and use of PFAS. In EU, the PFAS restriction proposal for firefighting foams, which restrict the formulation, marketing, and use of all-PFAS containing firefighting foams, is likely to be effective in 2025.
In Australia, regulatory, policy, and voluntary approaches for import, use, waste disposal, and remediation on PFAS are developed. Australia has also assessed the risks of more than 200 PFAS available for use in Australia, with a focus on PFOS and PFOA and their precursors.
New Zealand's Environmental Protection Authority published new restrictions on 21 December 2022 for AFFF which was effective from 1 January 2023. Under this new restriction, the use of firefighting foams containing PFAS in uncontained systems has been prohibited. The prohibition applies to AFFF that contain PFOA-related compounds. New Zealand plans a complete ban on PFAS-containing firefighting foams after 3 December 2025.
Several countries in Asia are moving to restrict and manage use of PFAS (mostly PFOA, PFOS, and PFHxS) in accordance with the Stockholm Convention on POPs, including China, Japan, and South Korea. For example, in March 2023, China added PFOA and PFOS to its List of New Pollutants for Priority Management to manage/restrict their production, use, import, and export. In October 2022, Japan and South Korea enacted new export requirements for PFOA. In January 2021, South Korea announced its plan for the management of POPs.
The TSCA Inventory is available in our ChemRadar TSCA Inventory.
