On 8 January 2024, the US EPA finalized the significant new use rule (SNUNs) for inactive perfluorinated and polyfluoroalkyl substances (PFAS) on the Toxic Substances Control Act (TSCA) Inventory. This new rule is scheduled to be effective 60 days after its publication. 

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 an unreasonable risk to human health or the environment and put any necessary restrictions 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 the EPA 90 days before 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 straight or branched chain hydrocarbons with all hydrogen atoms replaced by fluorine, PFAS cover a group of synthetic chemicals, including PFOA, PFOS, and GenX. The persistent, bioaccumulative, and toxic nature of these chemicals has raised concerns over their impact on human health and the environment. As a result, governments around the world are taking measures to restrict and regulate the use of PFAS.

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