On April 18, 2024, the U.S. House of Representatives introduced bill H.R.8074(IH) - the Forever Chemicals Regulation and Accountability Act of 2024. This bill aims to eliminate all non-essential uses of perfluoroalkyl and polyfluoroalkyl substances (PFAS) within a decade.
Key Definitions of PFAS
The bill defines PFAS as follows:
Perfluoroalkyl Substance: A chemical in which the carbon atoms are fully fluorinated.
Polyfluoroalkyl Substance: A chemical that contains at least one fully fluorinated carbon atom and at least one carbon atom that is not fully fluorinated.
Progressive Phase-Out Strategy
The phase-out strategy for PFAS will be implemented in several stages, beginning with the prohibition of certain products and gradually expanding to others, excluding those classified as essential uses. The stages include:
One year after enactment:
Food packaging and containers
Children's products
Petroleum or gas products
Among others
Two years after enactment:
Cosmetics
Indoor textile furnishings
Among others
Four years after enactment:
Outdoor textile furnishings
Upholstered outdoor furniture
Among others
Five years after enactment:
Outdoor apparel for severe wet condition
Ten years after enactment:
All non-essential uses
Petition Procedure
The bill allows any person to submit a petition to the EPA to classify a specific use of PFAS as essential or non-essential. The petitioner is responsible for providing the necessary information.
Additional Requirements of the Bill
Key highlights of the bill include:
Amendment to TSCA: Section 8(a)(7) will be modified to require manufacturers and users to report annually on essential uses, safer alternatives, and environmental emissions of PFAS within 18 months after the final rule's implementation.
Phase-Out Plans: Manufacturers and users must submit a detailed plan and timeline for phasing out non-essential uses of PFAS over the next 10 years.
Accelerated Timeline: The EPA can accelerate the phase-out timeline based on petitions that justify a stricter schedule.
Impact and Next Steps
The bill will take effect upon enactment, marking a significant effort to reduce PFAS presence in the environment and protect public health.
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