US Congress Intends to Ban All Non-essential Uses of PFAS

SG 76/24

The US federal government has introduced a proposal to phase out all non-essential uses of PFAS in ten years. If approved, the law will take effect on the date of enactment.

In April 2024, the U.S. House of Representatives introduced H.R. 8074, ‘the Forever Chemical Regulation and Accountability Act of 2024’ (the FCRAA), an important framework to phaseout all non-essential uses of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in ten years.

According to the definitions under 15 USC §8931(2)(B):

• Perfluoroalkyl substance means a chemical of which all carbon atoms are fully fluorinated
• Polyfluoroalkyl substance means a chemical containing at least one fully fluorinated carbon atom and at least one carbon atom that is not a fully fluorinated carbon atom

The FCRAA contains several important provisions. It:

• Authorizes the U.S. Environmental Protection Agency (EPA), in consultation with other Federal departments and agencies, to implement a 10-year agreement on the phaseout of non-essential uses of PFAS. This agreement may be extended by the EPA and National Academies in five-year increments
• Directs the National Academies to, inter alia, review and summarize scientific evidence and evaluate assessments in relation to the uses of PFAS that should be designated as essential uses and the criteria for such designation
• Amends the Toxic Substances Control Act (TSCA) Section 8 (a)(7) to require manufacturers and users of PFAS to report any essential PFAS usages annually starting no later than three years after enactment
• Sets a 10-year general rule for manufacturers (includes importers and exporters of products that are known to contain PFAS) and users to complete the phaseout of non-essential uses of PFAS
• Directs each manufacturer to submit a plan and schedule for the aforementioned 10-year phaseout general rule
• Sets accelerated phaseout periods for certain product categories if these goods contain PFAS (see Table 1 below)
• Permits a person to submit a petition to the US EPA on designating a use of PFAS as a non-essential use or an essential use. The burden of proof rests with the petitioner

Table 1

¹Second hand products are exempt
²Except for outdoor apparel for severe wet conditions

According to the proposal, all non-essential uses of a PFAS are prohibited 10 years after the enactment of the FCRAA. Unless otherwise designated, any use of a PFAS will be considered as non-essential.

The FCRAA also contains provisions in relation to stocks of PFAS, inspections, monitoring and enforcement, as well as citizen suits.

The act is proposed to take effect on the date of enactment.

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