G/TBT/N/USA/1960  
27 January 2023  
(23-0655) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Environmental Protection Agency (EPA) [1991]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Per- and 
poly-fluoroalkyl substances (PFAS); Environmental protection (ICS code(s): 13.020); 
Domestic safety (ICS code(s): 13.120); Production in the chemical industry (ICS code(s): 
71.020); Products of the chemical industry (ICS code(s): 71.100)  
5. Title, number of pages and language(s) of the notified document:  Per- and Poly -
Fluoroalkyl Chemical Substances Designat ed as Inactive on the TSCA Inventory; 
Significant New Use Rule; (9 page(s), in English)  
6. Description of content:  Proposed rule - Under the Toxic Substances Control  Act (TSCA) , 
EPA is proposing a significant new use rule (SNUR)  for those per- and poly -fluoroalkyl 
substances (PFAS)  that have not been manufactured (including imported) or processed 
for many y ears and are consequently designated as inactive on the TSCA Chemical 
Substance Inventory . PFAS are a group of chemicals that have been used in industry and 
consumer products since the 1940s because of the ir useful properties, such as water and 
stain resistance. Many PFAS break down very slowly and can build up in people, animals, 
and the environment over time. Exposure at certain levels to specific PFAS can adversely 
impact human health and other living th ings. 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. 
Such a review will assess whether the us e 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.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Prote ction of human health or safety; Protection of animal or plant life or 
health; Protection of the environment  G/TBT/N/USA/1960  
 
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  8. Relevant documents:   
88 Federal Register (FR) 4937, 26 January 2023; Title 40 Code of Federal Regulations 
(CFR) Part 721:  
https://www.govinfo.gov/content/pkg/FR -2023-01-26/html/2023 -01156.ht m 
https://www.govinfo.gov/content/pkg/FR -2023-01-26/pdf/2023 -01156.pdf  
This proposed rule is identified by Docket Number EPA -HQ-OPPT-2022-0867. The Docket 
Folder is available from Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-
OPPT-2022-0867/document  and provides access to primary and supporting documents 
as well as comments received. Documents are also accessible from Regulations.gov  by 
searching the Docket Number. WTO Members and their s takeholders are asked to submit 
comments to the USA TBT Enquiry Point  by or before 4pm Eastern Time  on 27 March 
2023. Comments received by the USA TBT Enquiry Point from WTO Members and their 
stakeholders will be shared with the regulator and will also be submitted to the Docket  
on Regulations.gov if received within the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  27 March 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_0736_00_e.pdf