EPA Proposes New Rules on Fluoroalkyl Compounds and Polymers

What the Proposal Entails

The EPA’s proposal includes requiring manufacturers, importers, or processors of these chemicals to notify the agency at least 90 days before commencing significant new uses. The agency will evaluate potential risks to human health and the environment under the stipulated conditions. If finalised, the proposed rules would apply across industries that produce or process these substances, as identified by specific North American Industry Classification System (NAICS) codes.

Notable Chemicals Affected

The list of affected substances includes generically identified polymers such as fluoroalkylacrylate copolymers and fluoroalkyl acrylates. Some are noted for their potential persistence, bioaccumulative characteristics, and toxic properties.

These SNURs align with EPA’s broader initiative to regulate per- and polyfluoroalkyl substances (PFAS), often referred to as "forever chemicals," due to their lasting environmental and health impacts.

Economic Impact and Compliance Costs

The EPA estimates compliance costs for submitting a Significant New Use Notice (SNUN) at $45,000 for large businesses and $14,500 for small businesses, including user fees and submission costs. Export notifications under TSCA Section 12(b) could add further compliance expenses. Despite these costs, the EPA asserts that the proposal will not have a significant economic impact on small businesses or local governments.

Public Participation

The EPA invites public comments on the proposed rules until 30 December 2024. Stakeholders are urged to provide input through the official federal regulations portal, ensuring that their views on economic, environmental, and procedural aspects are considered.