NEWS

USA: Bill Introduced to Phase Out Production of Nonessential Uses of PFAS

To phase out production of nonessential uses of Per- and polyfluoroalkyl substances (PFAS) and to prohibit releases of all PFAS in 10 years, On 18 April 2024, the US Federal Government introduced H.R. 8074,‘The Forever Chemical Regulation and Accountability Act of 2024’.

Studies have shown that exposure to certain levels of PFAS may lead to reproductive effects in pregnant women, developmental effects or delays in children, increased risks of some cancers, reduced ability of the body’s immune system to fight infections, and other adverse health effects.

The main contents of the bill include:

1.Clarification of the key definitions in this Act: essential/nonessential use, National Academies, manufacturer, user, PFAS, etc. PFAS are defined in section 7331(2)(B) of the PFAS Act of 2019 (15 U.S.C.8931(2)(B)):
o　Perfluoroalkyl substance means a chemical of which all carbon atoms are fully fluorinated.
o　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.

2.Authorization of the National Academies to Review and evaluate the available scientific evidence regarding categories of essential uses of PFAS.Provide guidance on designating PFAS as essential or nonessential.

3.Entrance of the Environmental Protection Agency (EPA), in consultation with other Federal departments and agencies, into a 10-year agreement to phase out of nonessential uses of PFAS. The EPA and National Academies may extend the agreement in 5-year increments.Setting a manufacturing and use phaseout program.Requires annual PFAS manufacturer and user monitoring and reporting. 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 3 years after enactment.Requiring manufacturer and user to submit a schedule for the full phaseout of nonessential uses of PFAS within the 10-year period not later than 3 years after the date of enactment of this Act.Identifying an accelerated phase-out in certain products if these goods contain PFAS (see Table 1 below).

Table 1: Accelerated phase-out after the date of enactment of this Act in certain products set out under H.R. 8074.

For further details, please refer to the below link:
https://www.govinfo.gov/content/pkg/BILLS-118hr8074ih/pdf/BILLS-118hr8074ih.pdf