Biden-Harris Administration's Landmark Rule Curbs Inactive PFAS

Background on PFAS and the New Rule

‍PFAS, often used in various industries, have raised significant environmental and health concerns due to their persistence and potential harmful effects. The new rule addresses a loophole that allowed these inactive PFAS to be used without adequate review, posing risks to communities, particularly those with environmental justice concerns.

his rule effectively closes the door on the unregulated revival of over 300 PFAS, ensuring that any future use undergoes rigorous safety evaluation. This is a critical step in protecting communities from the dangers of these long-lasting chemicals.

TSCA and Its Inventory

‍The Toxic Substances Control Act (TSCA) of 1976, which initially grandfathered in thousands of chemicals, has undergone significant amendments. The 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act marked a pivotal shift, mandating formal safety reviews of all new chemicals before entering commerce. This new rule aligns with these amendments, ensuring that inactive PFAS cannot re-enter the market without modern, comprehensive evaluations.

‍TSCA requires the EPA to maintain an inventory of chemicals, categorized as 'active' or 'inactive' based on their manufacturing status since 2006. The final rule targets all 'inactive' PFAS not already subject to a Significant New Use Rule (SNUR), integrating with the Active-Inactive rule requirements.

Obligations for Companies and EPA's Review Process

‍Companies intending to use any of these 329 chemicals must first notify the EPA. The agency is then obligated to conduct a detailed review under the modernized 2016 law, evaluating potential health and environmental risks and implementing necessary restrictions before any usage can resume.

‍The EPA has taken steps to increase transparency by moving certain PFAS, previously under Confidential Business Information claims, to the public section of the TSCA Inventory. This move promotes greater public awareness and scrutiny of these chemicals.

Broader Efforts Under the Biden-Harris Administration

‍This rule is part of broader efforts since 2021 to strengthen chemical safeguards under TSCA. The administration has proposed and finalized rules targeting hazardous chemicals, updating regulations to address PFAS comprehensively, and enhancing data collection and understanding of PFAS impacts.

The finalization of this rule is a commendable step in the ongoing battle against the proliferation of hazardous chemicals. It highlights the administration's commitment to environmental justice and public health. Stakeholders, particularly in industries that have historically used PFAS, should closely monitor these developments and prepare for compliance with the new regulations. The rule sets a precedent for future chemical safety initiatives, emphasizing the need for robust safety reviews and public transparency in chemical usage and its impacts.