The U.S. Environmental Protection Agency (EPA) has recently announced a new framework for managing per- and poly-fluoroalkyl substances(PFAS), a group of man-made chemicals that have been a cause for environmental and health concerns. This new plan aims to ensure that any new PFAS, or new uses of existing PFAS, undergo a thorough evaluation to confirm they pose no harm to human health or the environment before they are allowed into commerce.

What are PFAS?

PFAS are a group of man-made chemicals that have been used in a variety of industries around the world since the 1940s. They are used in a wide range of products, including non-stick cookware, water-repellent clothing, stain-resistant fabrics and carpets, some cosmetics, and products that resist grease, water, and oil.

PFAS are known as "forever chemicals" because they do not break down in the environment or the human body and can accumulate overtime. There is evidence that exposure to PFAS can lead to adverse health outcomes in humans.

The New Framework

Under the new framework, the EPA will review new PFAS and new uses of PFAS under Section 5 of the Toxic Substances Control Act (TSCA).This section requires the EPA to review new chemicals within 90 days, assess their potential risks to human health and the environment, and make one of five possible risk determinations. If potential risks are identified, the EPA must take action to mitigate those risks before the chemical can enter commerce.

The new framework will be used to qualitatively assess PFAS that are likely persistent, bioaccumulative, and toxic (PBT) chemicals. It distinguishes uses that could result in environmental releases and those with expected worker, community, or consumer exposure, from those that won’t.

For example, some PBT PFAS will not result in worker, general population or consumer exposure and are not expected to result in releases to the environment, such as when PFAS are used in a closed system with occupational protections. In such a negligible exposure and environmental release scenario, if EPA can ensure that such PBT PFAS can be disposed of properly and no consumer exposure is expected, EPA generally expects to allow he PFAS or the new use of a PFAS to enter commerce after receiving basic information about the substance.

On the other hand, for PBT PFAS that are expected to lead to exposure and environmental releases, EPA generally expects that the substance would not be allowed to enter commerce before extensive testing is conducted on physical/chemical properties, toxicity and fate.

The Impact of the New Framework

The new framework introduced by the EPA is a significant stride in the ongoing battle against the health and environmental risks posed by PFAS pollution. It aligns with the Biden-Harris Administration's commitment to addressing the impacts of these 'forever chemicals' and advances the EPA's PFAS Strategic Roadmap.

The framework will apply to new PFAS or new use notices that are currently under EPA review, as well as any that the EPA may receive in the future. To provide more information about the framework, the EPA will offer a public webinar this summer. The date, time, and registration information will be announced soon.

This new framework is a testament to the EPA's commitment to protect public health and the environment from the potential hazards of PFAS. By implementing stringent measures for new PFAS entering the market, the EPA is ensuring a safer and healthier future for all.

Stay tuned for more updates on this significant development in the fight against PFAS pollution.

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