ASDWA Asks EPA to Classify Releases of Certain PFAS as a Significant New Use Under Most Recent SNUR

In comments sent to EPA on December 28, ASDWA outlined recommendations for the Agency’s latest Significant New Use Rule (SNUR), which included seven PFAS compounds or compounds modified by PFAS. SNURs require those who intend to manufacture, import, or process any of the substances included to notify EPA before commencing that activity. The Agency noted that this SNUR advances one of the goals in EPA’s PFAS Strategic Roadmap, revisiting past PFAS regulatory decisions and addressing those that the Agency determines are insufficiently protective. To best achieve this goal, ASDWA recommended:

• EPA use its Section 4 authority under TSCA to issue testing orders to require the manufacturers of these substances to develop additional information on the seven PFAS to appropriately assess their potential health risks. Currently, the SNUR only requires testing for two of these compounds,
• Classify releases of these substances to surface waters as a significant new use. The SNUR, as proposed, has no restrictions on surface water releases. ASDWA argued that considering these actions a significant new use would provide EPA with “the ability to track these releases in the future if it is determined that these PFAS are more problematic than initially anticipated.”

ASDWA continued to encourage EPA to “use a holistic approach and utilize all the Agency’s regulatory authorities to address PFAS throughout the
substances’ lifecycles in the environment.” EPA extended the comment period on January 3 by 15 days. Comments are now due January 17.