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EPA/OCSPP RIN: 2070-AJ99 Publication ID: Spring 2020 
Title: Long-Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate Chemical Substances; Significant New Use Rule 
Abstract:

In 2015, EPA proposed amending the significant new use rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for long-chain perfluoroalkyl carboxylate (LCPFAC) chemical substances, and for perfluorooctanoic acid (PFOA) or its salts. Specifically, EPA proposed to amend the SNUR for LCPFAC chemical substances by designating as a significant new use manufacturing (including importing) or processing of an identified subset of LCPFAC chemical substances for any use that will not be ongoing after December 31, 2015, and all other LCPFAC chemicals substances for which there are currently no ongoing uses. EPA also proposed to make inapplicable the exemption for persons who import LCPFAC chemical substances as part of articles. In addition, EPA proposed to amend a SNUR for perfluoroalkyl sulfonate (PFAS) chemical substances that would make inapplicable the exemption for persons who import PFAS chemical substances as part of carpets. Persons subject to these SNURs would be required to notify the EPA at least 90 days before commencing such manufacture or processing. The required notifications would initiate EPA's evaluation of the intended use within the applicable review period. Manufacture and processing for the significant new use would be unable to commence 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. In a February 2020 supplemental proposal, EPA proposed to make inapplicable the exemption for persons who import a subset of LCPFAC chemical substances as part of certain articles. The supplemental proposal is intended to be responsive to the article consideration provision in TSCA section 5(a)(5), that was added with the 2016 amendments to TSCA and which states that articles can be subject to notification requirements as a significant new use provided that EPA makes an affirmative finding in a rule that there is reasonable potential for exposure to a chemical from an article or category of articles.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
CFR Citation: 40 CFR 721   
Legal Authority: 15 U.S.C. 2601 et seq., Toxic Substances Control Act   
Legal Deadline:
Action Source Description Date
Final  Statutory  EPA must take final action on the 2015 proposed SNUR under section 7532 of the National Defense Appropriations Act (NDAA) of December 2019.  06/22/2020 

Overall Description of Deadline: 06/22/2020 - Final Rule (Signature) - Statutory: The Administrator must take final action on the 2015 proposed SNUR no later than June 22

Timetable:
Action Date FR Cite
NPRM  01/21/2015  80 FR 2885   
Second NPRM  03/03/2020  85 FR 12479   
Final Rule  06/00/2020 
Additional Information: Docket #:EPA-HQ-OPPT-2013-0225
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/   Public Comment URL: https://www.regulations.gov/document?D=EPA-HQ-OPPT-2013-0225-0001  
Sectors Affected: 324 Petroleum and Coal Products Manufacturing; 325 Chemical Manufacturing 
RIN Data Printed in the FR: No 
Agency Contact:
Tyler Lloyd
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7405M,
Washington, DC 20460
Phone:202 564-4016
Email: lloyd.tyler@epa.gov

Joel Wolf
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7405M,
Washington, DC 20460
Phone:202 564-0432
Email: wolf.joel@epa.gov