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Over-reach or inevitable ?
I seem to cover per- and polyfluoroalkyl substances ( PFAS ) quite a lot here but the latest regulatory developments here are important for several reasons . In this instance , it is the US taking the lead rather than the EU and some observers see it as symptomatic of a wider trend .
In late September , the Environmental Protection Agency ( EPA ) issued a new rule requiring manufacturers and importers of PFAS and PFAS-containing articles to submit data on products containing any level of PFAS to the Toxic Release Inventory , however tiny , each year . They must also do this retrospectively to 2011 , if such information is available .
The rule also widened the definition of PFAS to include about 100 chemicals that are persistent in the environment , including substances with non-adjacent fluorinated carbons and unconnected CF 2 or CF 3 moieties , and high molecular weight fluoropolymers . This brings the total number of PFAS subject to reporting requirements to at least 1,462 , with a combined compliance cost of over $ 800 million .
This change could have significant supply chain impacts , notably on small companies who now have reporting obligations and may be unaware of it . In addition , those who buy mixtures containing PFAS , even at the smallest levels , will receive notification of it and are likely to put pressure on suppliers to reformulate .
PFAS are not alone in the firing line . The EPA has also announced a proposed ban on all uses of trichloroethylene ( TCE ) under the Toxic Substances Control Act . If this is ultimately approved , it would be implemented in one year for all consumer and most commercial and industrial uses , and phased in over a longer period for the rest . TCE is highly toxic and involved in serious health risks including cancer , neurotoxicity and reproductive toxicity .
Environmental groups welcomed these moves , but the American Chemistry Council ( ACC ) expressed concern . It described the proposed PFAS rule as “ another step in the concerning trend of regulatory overreach by this EPA ”, representing “ an unprecedented request for information , both in terms of the amount and type of data requested as well as the number of years subject to reporting ”.
The TCE proposal , the association added , is “ inconsistent with the underlying science ” and could unnecessarily restrict small-volume uses in packaging , formulation and as a solvent . “ If EPA decides to move forward with restrictions on consumer uses of TCE , it is important that it does not unnecessarily restrict valuable industrial uses .
The ACC has recently launched an initiative called ‘ Chemistry Creates , America Competes ’. This came in direct response to what it regards as the Biden administration ’ s ‘ regulatory overreach ’ and aims to help the administration and Congress understand the importance of ‘ American Chemistry ’.
The association highlighted new proposed restrictions that could limit access to , and significantly increase the cost of , essential products . Some of these , it said , propose bans or regulate specific chemicals at such low levels that manufacturing becomes virtually impossible .
It called for a series of measures , including empowering the Office of Management & Budget to be empowered to evaluate all significant rulemaking through the lens of potential impacts to the supply chain , trade , national security , energy , climate , healthcare , infrastructure and technology , and more powers of scrutiny for Congress .
Of course , there is an election next year that could make all of this redundant alongside just about everything else , but let ’ s not go there right now ….
Dr Andrew Warmington
EDITOR – SPECIALITY CHEMICALS MAGAZINE
NOV / DEC 2023 SPECCHEMONLINE . COM
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