EPA Moves Forward on New PFAS Policies

In July, EPA has made significant progress implementing the PFAS Action Plan — the most comprehensive cross-agency plan ever to address an emerging chemical of concern.

EPA transmitted two new PFAS proposals to the Office of Management and Budget (OMB) for interagency review.

1. EPA submitted the Interim Guidance on the Destruction and Disposal of PFAS and Materials Containing PFAS. The guidance would provide information on technologies that may be feasible and appropriate for the destruction or disposal of PFAS and PFAS-containing materials. It would also identify ongoing research and development activities related to destruction and disposal technologies, which may inform future guidance. Yesterday’s action is the first step toward EPA fulfilling its FY 2020 National Defense Authorization Act (NDAA) obligation to publish interim guidance on the destruction and disposal of PFAS within one year.

2. EPA transmitted the Unregulated Contaminant Monitoring Rule 5 (UCMR 5) proposal to OMB for interagency review. Consistent with EPA’s commitment in the PFAS Action Plan and the requirements of the FY 2020 NDAA, EPA anticipates proposing nationwide drinking water monitoring for PFAS under UCMR 5 utilizing new methods that can detect PFAS that could not be detected before as the new methods detect more PFAS chemicals at lower concentrations than previously possible.

Background:

As part of the U.S. Environmental Protection Agency’s (EPA) Per- and Polyfluoroalkyl Substances (PFAS) Action Plan, EPA is issuing a final rule giving the agency the authority to review an expansive list of products containing PFAS before they could be manufactured, sold, or imported in the United States. This action, issued under the Toxic Substances Control Act (TSCA), means that EPA is prohibiting companies from manufacturing, processing, or importing products containing certain long-chain PFAS, which persist in the environment and can cause adverse health effects, without prior EPA review and approval. As part of the agency’s review, EPA could place restrictions on these products to protect public health.

This action means that products like ski wax, carpet, furniture, electronics, and household appliances that could contain certain PFAS chemicals cannot be manufactured, imported, produced, or sold in the U.S. unless EPA reviews and approves the use or puts in place the necessary restrictions to address any unreasonable risks.

This action also levels the playing field for companies that have already voluntarily phased-out the use of long-chain PFAS chemicals under EPA’s PFOA Stewardship Program by preventing new uses of these phased-out chemicals from starting up again. Before this action, the use of these PFAS could have started again at any time without EPA’s approval.

Reference:https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-and-polyfluoroalkyl-substances-pfas
https://www.epa.gov/newsreleases/epa-week-review-pfas-edition