Overview
The Environmental Protection Agency (EPA) has released for comment a document intended to assist companies importing long-chain perfluoroalkyl carboxylate (LCPFAC) chemical substances as part of a surface coating on articles to comply with the EPA Significant New Use Rule (SNUR) for LCPFAC issued on July 27, 2020. Comments on the draft compliance guidance are due January 15, 2021. Articles potentially subject to the SNUR include apparel, carpets, furniture, luggage, automotive parts, electronic components, paper goods, solar panels, and construction materials. Businesses potentially impacted by the guidance include:
- Manufacturers (including importers) of one or more of subject chemical substances (NAICS codes 325 and 24110); e.g., chemical manufacturing and petroleum refineries;
- Fiber, yarn, and thread mills (NAICS code 31311);
- Carpet and rug mills (NAICS code 314110);
- Home furnishing merchant wholesalers (NAICS code 423220);
- Carpet and upholstery cleaning services (NAICS code 561740);
- Manufacturers of computer and other electronic products, appliances, and components (NAICS codes 324 and 335);
- Manufacturers of surgical and medical instruments (NAICS 339112);
- Merchant wholesalers (NAICS codes 423 and 424);
- Stores and retailers (NAICS codes 442, 442, 444, 448, 451, and 454); and,
- Providers of other support services (NAICS code 561990).
Note that manufacturers, importers, and processors of LCPFAC chemical substances that are not part of a surface coating on articles also are subject to the SNUR, but the draft guidance document specifically addresses surface coatings.
The draft guidance provides information on determining entities subject to the SNUR and defining what is an article and what is a "surface coating" for purposes of the rule as well as compliance information.
The draft guidance document is part of EPA's plan to address PFAS, which also includes actions related to drinking water; remediation under RCRA and CERCLA, monitoring, and reporting.
Steptoe works with clients to provide compliance assistance with EPA's evolving PFAS plan. Please let us know if you have any questions.
