U.S. EPA Announces September 6th PFAS Webinar

U.S. EPA will host a webinar on September 6, 2023, from 1-2 CDT on its new Framework for Addressing PFAS and New Uses of PFAS under the Toxic Substances Control Act (TSCA). The Framework outlines U.S. EPA’s planned approach when reviewing new PFAS and new uses of existing PFAS. The Framework supports the U.S. EPA’s PFAS Strategic Roadmap to confront the human health and environmental risks of PFAS.

The Framework supports implementation of U.S. EPA’s National PFAS Testing Strategy for the review and regulation of new PFAS. Under TSCA Section 5, U.S. EPA is required to review new chemicals within 90 days. U.S. EPA will assess the potential risks to human health and the environment and make one of five possible risk determinations. New PFAS and new uses of existing PFAS will undergo this type of review. When potential risks are identified, U.S. EPA must take action to mitigate potential risks to human health and the environment before the chemical can enter commerce.

U.S. EPA notes in the Framework that it “generally expects that most PFAS will be persistent, bioaccumulative and toxic (PBT)” resulting in a de facto ban pending further testing and analyses if data are not reasonably available. While not all PFAS are or will be PBTs, the burden will be on the submitter to demonstrate that the PFAS in question is not a PBT. The Framework provides testing that can be used to evaluate whether a PFAS is a PBT. U.S. EPA makes it clear that a PBT PFAS must be well controlled for it to proceed to commercialization (none or negligible worker exposure and no release to the environment).

U.S. EPA’s Framework appears to support the Agency’s intent to view new PFAS and new uses of existing PFAS on a case-by-case basis and make science-based use and risk management determinations. Let’s hope that is the case.

Register here for U.S. EPA’s September 6th program.