Breaking news: EPA takes steps to reign in PFAS pollution
The US Environmental Protection Agency (EPA) announced new reporting rules under the Toxics Substances Control Act ( TSCA) mandating businesses engaged in any form of importing or manufacturing to report current and past per- and polyfluoroalkyl substance (PFAS) use. There are no exemptions for de minimis usage (i.e. small businesses), or reporting on finished end-use articles, so any PFAS will be subject to reporting under this new ruling.
I commend the adoption of a “structural definition” of PFAS as opposed to a specific chemical list. The rules point to lists of PFAS, but are not limited to, the EPA’s CompTox listing of PFAS chemicals and the TSCA Inventory as meeting the TSCA [Section] 8(a)(7) data collection structural definition. Read more here.
Another benefit is that states like NH are considered “adequately regulated” under the Resource Conservation and Recovery Act (RCRA), meaning states can regulate hazardous chemical use without EPA oversight, which have not taken adequate steps to protect residents from industrial sources that use PFAS or have specified frameworks in place to regulate closure of facilities. This becomes especially critical when industries, such as Saint Gobain Performance Plastics, decide to cease operations. Under the new rules, states will be compelled to take specific actions to ensure industry compliance with EPA regulations.
The development marks the initial stride towards regulating these chemicals as a class rather than the whack-a-mole approach used to regulate chemicals one by one that puts the public at risk for exposure to dangerous and hazardous chemicals.
Another huge step is a ruling that takes further steps to regulate nine PFAS chemicals as hazardous waste under the Resource Conservation and Recovery Act (RCRA).
These nine PFAS are:
Perfluorooctanoic acid (PFOA)
Perfluorooctanesulfonic acid (PFOS)
Perfluorobutanesulfonic acid (PFBS)
Hexafluoropropylene oxide-dimer acid (HFPO-DA or Gen-X)
Perfluorononanoic acid (PFNA)
Perfluorohexanesulfonic acid (PFHxS)
Perfluorodecanoic acid (PFDA)
Perfluorohexanoic acid (PFHxA)
Perfluorobutanoic acid (PFBA)
These are good first steps to address this largely unregulated dangerous group of chemicals. We are still waiting to hear USEPA’s final regulation of several PFAS chemicals in drinking water — another important step in preventing exposure to these chemicals in public drinking water supplies.
However, there is much more to do. The Food and Drug Administration (FDA) has not been at all proactive in addressing PFAS chemicals in food or cosmetics. Unfortunately, their response to our call to action to address PFAS chemicals in cosmetics falls far short of expectations.
Stay tuned for updates!
Mindi Messmer, MS, PG, CG is an environmental and public health scientist and author of Female Disruptors: Stories of Mighty Female Scientists. The book is available on Amazon, Barnes & Noble and through your local bookstore.
“Female Disruptors is a wonderful mix of stories about mighty female scientists, and carefully documented data on everything from discrimination against women in STEM to the impact of balancing a career in science with motherhood. Mindi makes this personal by interweaving her own stories, which makes the work come alive. If you want to both be infuriated at woman scientist’s plight, and also hear words of hope, and solid ideas for change, read this book.”
~ Dr. Linda Rhodes, VMD, PhD
