thus has determined that the designation of these PFAS as inactive “does not provide a sufficient basis to conclude that there are not ongoing uses of inactive PFAS for these activities, and because this SNUR is based on information obtained from the Active-Inactive rule, EPA is not at this time designating uses for these activities as significant new uses.” Based on its consideration of the statutory factors, EPA has determined as significant new uses: manufacture (including import) or processing of inactive PFAS for any use except:Importing or processing of inactive PFAS-containing articles; and/orManufacture (including import) or processing of inactive PFAS: As impurities;As byproducts not used for commercial purposes;In small quantities solely for R&D;For test marketing purposes;For use as a non-isolated intermediate; orSolely for export from the United States.Applicability of SNUR to Uses Occurring before Effective Date of the Final RuleEPA proposed the SNUR on January 26, 2023 (88 Fed. Reg. 4937). EPA distinguishes uses arising after publication of the proposed SNUR from uses that existed at publication of the proposed SNUR. The former would be new uses, the latter ongoing uses, except that uses that are ongoing as of the publication of the proposed SNUR would not be considered ongoing uses if they have ceased by the date of issuance of a final rule. EPA notes that it solicited public comment to identify any ongoing manufacturing or processing of inactive PFAS subject to the proposed SNUR. EPA received one ongoing use claim that it has determined is not ongoing.Persons who began commercial manufacturing (including importing) or processing of the chemical substances for a significant new use identified as of January 26, 2023, must cease any such activity upon the effective date of the final SNUR. To resume their activities, these persons first have to comply with all applicable SNUR notification requirements and wait until all TSCA prerequisites for the commencement of manufac

tially lower levels of embodied carbon. The webinars will be held:March 2, 2023, 2:00-3:30 p.m. (EST). Topic: Reducing Embodied Greenhouse Gas (GHG) Emissions: Construction Materials Prioritization and Environmental Data Improvement;March 22, 2023, 2:00-3:30 p.m. (EST). Topic: Reducing Embodied GHG Emissions: Grants and Technical Assistance for Environmental Product Declarations; andApril 19, 2023, 2:00-3:30 p.m. (EST). Topic: Reducing Embodied GHG Emissions: Carbon Labeling.EPA prepared a Request for Information (RFI) that is intended to facilitate preparation of written comments. Written comments are due May 1, 2023.EPA Proposes SNUR For PFAS Designated As Inactive On The TSCA Inventory:On January 26, 2023, EPA proposed a significant new use rule (SNUR) for those PFAS that are currently on the TSCA Inventory but that have not been actively manufactured (including imported) or processed in the United States since 2006 and are consequently designated as inactive on the TSCA Inventory. 88 Fed. Reg. 4937. Persons subject to the SNUR would be required to notify EPA at least 90 days before commencing any manufacture (including import) or processing of the chemical substance for a significant new use. Once EPA receives a notification, EPA must review and make an affirmative determination on the notification, and take such action as is required by any such determination before the manufacture (including import) or processing for the significant new use can commence. EPA states that such a review will assess whether the use may present unreasonable risk to health or the environment and ensure that EPA can prevent future unsafe environmental releases of the PFAS subject to this SNUR. Comments on the proposed SNUR are due March 27, 2023. For more information on the proposed SNUR and our Commentary, please read the full memorandum.EPA Will Hold Third And Final TSCA Engineering Initiative Webinar On February 28, 2023: EPA announced on February 23, 2023, that the New Chemicals Program will hold

On January 26, 2023, the U.S. Environmental Protection Agency (EPA) proposed a significant new use rule (SNUR) for those per- and polyfluoroalkyl substances (PFAS) that are currently on the Toxic Substances Control Act (TSCA) Inventory but that have not been actively manufactured (including imported) or processed in the United States since 2006 and are consequently designated as inactive on the TSCA Inventory. 88 Fed. Reg. 4937. Persons subject to the SNUR would be required to notify EPA at least 90 days before commencing any manufacture (including import) or processing of the chemical substance for a significant new use. Once EPA receives a notification, EPA must review and make an affirmative determination on the notification, and take such action as is required by any such determination before the manufacture (including import) or processing for the significant new use can commence. EPA states that such a review will assess whether the use may present unreasonable risk to health or the environment and ensure that EPA can prevent future unsafe environmental releases of the PFAS subject to this SNUR. Comments on the proposed SNUR are due March 27, 2023.If a chemical is on the TSCA Inventory, that chemical substance is considered an “existing” chemical substance in U.S. commerce. In some instances, chemicals listed on the TSCA Inventory have not been actively manufactured for many years and are designated as