What Regulations Govern the Use of PFAS in Products?
There are a variety of laws and regulations to protect public health and the environment. The following list relates to PFAS in the environment:
The Safe Drinking Water Act (SDWA): Protects public drinking water supplies across the United States. Under the SDWA, EPA has regulated more than 90 drinking water contaminants. EPA has the authority to set enforceable Maximum Contaminant Levels (MCLs) for specific chemicals and can require monitoring of public water supplies. The SDWA only applies to public water systems in the United States and does not apply to domestic drinking water wells.
Toxic Substances Control Act (TSCA): EPA has issued three new rules to provide a framework for the implementation of the amended law. The three framework rules outline EPA’s path forward for prioritizing, evaluating and regulating chemicals and include a requirement for industry reporting of chemicals manufactured (including imported) or processed in the U.S. over the past 10 years. This reporting will be used to identify which chemical substances are active in U.S. commerce and will help inform the prioritization of chemicals for risk evaluation.
Comprehensive Environmental Response, Compensation and Liability Act: Known as CERCLA and as Superfund, it provides the federal government with authority to address a release or threatened environmental releases in some circumstances. PFAS, including PFOA and PFOS, are not listed as CERCLA hazardous substances, but in some circumstances could be responded to as CERCLA pollutants or contaminants. EPA is beginning the necessary steps to propose designating PFOA and PFOS as “hazardous substances” through one of the available statutory mechanisms, including potentially CERCLA Section 102.
Clean Air Act: Requires us to regulate toxic air pollutants, also known as air toxics, from large industrial facilities in two phases. The first phase is “technology‑based,” where we develop standards for controlling the emissions of air toxics from sources in an industry group (or “source category”). These technology standards are based on emissions levels that are already being achieved by the best‑controlled and lower‑emitting sources in an industry. The second phase must occur within eight years of setting the technology standards. In the second phase, we must assess the remaining health risks from each industrial source category to determine whether the standards protect public health with an ample margin of safety, and protect against adverse environmental effects.
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