The news about per- and polyfluoroalkyl substances (PFAS), sometimes referred to as “forever chemicals”, in drinking water may have been overshadowed recently by other events, but the U.S. Environmental Protection Agency (EPA) continues to work towards tighter controls of the contaminants. In June 2020, EPA finalized a Significant New Use Rule (SNUR) giving the agency authority to review an expansive list of products containing PFAS before they could be manufactured, sold, or imported in the United States. Anyone who intends to introduce the chemical for commerce under a new use, whether they are manufacturing it in the U.S. or importing it, must submit the notification to EPA. The agency then will complete a review before the chemicals can be used. Additionally, products containing certain long-chain PFAS as a surface coating and carpet containing perfluoroalkyl sulfonate chemical substances can no longer be imported into the United States without EPA review. What are PFAS chemicals? PFAS (per- and polyfluoroalkyl substances) are a group of man-made chemicals that have been manufactured and used by a variety of industries since 1940. Common applications of PFAS include water and stain repellant materials, as well as firefighting foams. The chemicals do not break down over time; thus earning the nickname “forever chemicals”. While the use of older variants of PFAS have been widely discontinued, legacy uses and a lack of commercially viable alternatives have resulted in PFAS contamination in certain areas. TSCA Authority This rule falls under the Toxic Substances Control Act (TSCA) section 5(a)(2) (15 U.S.C. 2604(a)(2)) which authorizes EPA to determine that use of a chemical substance constitutes a “significant new use” after considering all relevant factors, including:

• The projected volume of manufacturing and processing,
• The extent to which a use changes the type or form of exposure of human beings or the environment,
• The extent to which a use increases the magnitude and duration of exposure of human beings or the environment,
• The reasonably anticipated manner and methods of manufacturing, processing, distribution in commerce, and disposal of a chemical substance.

  If EPA determines that a use of a chemical substance constitutes a significant new use, TSCA requires the requestor to submit a significant new use notice (SNUN) to EPA at least 90 days before the chemical substance is manufactured, imported, or processed for that use. Furthermore, TSCA prohibits such manufacturing or processing from commencing until EPA has conducted a review of the notice, made an appropriate determination, and taken any necessary actions.