EPA Threat To Enforce PFAS SNUR Could Face ‘Ongoing Use’ Challenge

An industry attorney says EPA’s threat to enforce its TSCA significant new use rule (SNUR) for some PFAS against manufacturers of high-density polyethylene (HDPE) containers recently tied to contamination could be “ripe for litigation,” as the firms could claim these uses are ongoing rather than “new” as defined in the law. During an Oct. 12 webinar hosted by the law firm Keller and Heckman, partner Tom Berger noted that EPA’s repeated warnings that per- and polyfluoroalkyl substances (PFAS) contamination associated...