EPA Announces Changes to Prevent Unsafe New PFAS from Entering the Market
In support of the Biden-Harris Administration's commitment to tackling pollution from Per-and Polyfluoroalkyl Substances (PFAS) and protecting human health and the environment, the U.S. Environmental Protection Agency (EPA) is announcing important policy shifts in its review of new PFAS before they can enter the market.
Due to the scientific complexities associated with assessing PFAS, and the hazard potential associated with various sub-classes of PFAS, it is challenging to conduct an appropriately robust review of low volume exemptions (LVE) requests for PFAS in the 30 days the regulations allow. The regulations provide for the denial of LVE requests when EPA finds the chemical in question may cause serious human health effects or significant environmental effects, or when issues concerning toxicity or exposure require review that can't be completed in 30 days.
These policy changes will ensure that if new PFAS are allowed to enter commerce, EPA will have reviewed all intended, known, and reasonably foreseen conditions of use and that these chemicals will not enter commerce absent appropriate and enforceable protections for human health, including that of workers, and the environment.