EPA proposes to restrict manufacture, use of inactive PFAS

The U.S. EPA has proposed a rule that would restrict companies’ starting or resuming of the manufacture, processing or use of an estimated 300 per- and polyfluoroalkyl substances (PFAS) that have not been made or used for many years.

In the past, these chemicals, known as “inactive PFAS,” may have been used in many industries in a variety of ways, including as binding agents, surfactants, in the production of sealants and gaskets, and may also have been released into the environment. Without this proposed rule, companies could resume uses of these PFAS absent notification to and review by EPA. Now, those companies will need a complete EPA review and risk determination before resuming use of inactive PFAS.

“This proposal is part of EPA’s comprehensive strategy to stop PFAS from entering our air, land and water and harming our health and the planet,” said Michal Freedhoff, assistant administrator for the Office of Chemical Safety and Pollution Prevention. “The rule would put needed protections in place where none currently exist to ensure that EPA can slam the door shut on all unsafe uses of these 300 PFAS.”

When the Toxic Substances Control Act (TSCA) was first passed in 1976, thousands of chemicals were grandfathered in under the statute and allowed to remain in commerce without additional EPA review. Before TSCA was amended in 2016, EPA completed formal reviews on only about 20 percent of new chemicals and had no authority to address new chemicals about which the agency lacked sufficient information, which is part of the reason why many chemicals, including PFAS, were allowed into commerce without a complete review.

Under the new law, the agency must formally review the safety of all new chemicals before they are allowed into commerce. This latest proposed Significant New Use Rule (SNUR) would ensure that modern, robust reviews happen before any of these old chemicals could be used again.

TSCA also requires EPA to compile, keep current and publish a list of each chemical that is manufactured (including imported) or processed in the United States for uses under TSCA, known as the TSCA Inventory. TSCA also requires EPA to designate each chemical on the TSCA Inventory as either “active” or “inactive” in commerce. An “inactive” designation means that a chemical substance has not been manufactured (including imported) or processed in the United States since June 21, 2006.

The proposed SNUR would apply to all PFAS that are designated as “inactive” on the TSCA Inventory and which are not already subject to a SNUR. The proposal would first require companies to notify EPA before they could use any of these 300 chemicals. The Agency would then be required to conduct a robust review of health and safety information under the modernized 2016 law to determine if their use may present unreasonable risk to human health or the environment and put any necessary restrictions in place before the use could restart.

EPA will accept public comments on the proposed rule for 60 days following publication in the Federal Register via docket EPA-HQ-OPPT-2022-0876 at www.regulations.gov.