US to Phase Out All Non-Essential Uses of PFAS in 10 Years

On April 18, 2024, the House of Representative introduced a Congressional Bill H.R.8074(IH) – Forever Chemical Regulation and Accountability Act of 2024 which aims to phase out all non-essential uses of perfluoroalkyl or polyfluoroalkyl substance (PFAS) in 10-year period.

As defined under the Bill, PFAS means:

• “perfluoroalkyl substance” means a chemical of which all of the carbon atoms are fully fluorinated carbon atoms; and
• “polyfluoroalkyl substance” means a chemical containing at least one fully fluorinated carbon atom and at least one carbon atom that is not a fully fluorinated carbon atom.

To complete the full phaseout of non-essential uses, it is proposed to start with prohibitions in certain products and subsequently expand the restrictions to encompass all products unless they are designated as essential uses. Specifically, no person shall sell, offer for sale, or distribute for sale in interstate commerce the following PFAS-containing products:

1 year after the enactment

• Carpet or rug
• Fabric treatment
• Food packaging and containers
• Juvenile product
• Oil or gas product

2 years after the enactment:

• Cosmetic
• Indoor textile furnishing
• Indoor upholstered furniture
• Accessory or handbag

4 years after the enactment:

• Outdoor textile furnishing
• Outdoor upholstered furniture

5 years after the enactment:

• Outdoor apparel for severe wet conditions 

10 years after the enactment:

• All non-essential uses

An individual may submit a petition to EPA to designate a use of PFAS as a non-essential use or essential use. The burden of proof shall rest with the petitioner. It shall provide any information as requested by the EPA.

Other highlights of the Bill are concluded as follows:

• Amend Section 8(a)(7) of the Toxic Substances Control Act (TSCA) to require manufacturer* and user to report essential uses, safer alternatives, environmental releases of PFAS annually no later than 18 months after the final rule.
• Require manufacturer and use of PFAS to submit a plan and schedule on the phaseout of non-essential uses of PFAS in the 10-year period
• EPA may accelerate the current phaseout schedule based on petition to establish a more stringent schedule

*Manufacturer includes producer, importer, exporter, processor of PFAS”