The U.S. Environmental Protection Agency (EPA) has finalized regulation amendments regarding chemicals under the Toxic Substances Control Act (TSCA) to ensure that new per- and polyfluoroalkyl substances (PFAS) and persistent, bioaccumulative and toxic (PBT) chemicals are subject to safety review before manufacture.

EPA says PFAS are found in adhesives, coatings for clothes and furniture, and fire-fighting foam among other widespread use in consumer, commercial, and industrial products. Exposure has been linked to cancers, impacts on the liver and heart, and immune and developmental damage to infants and children, according to the EPA.

“EPA’s review of new chemicals should encourage innovation, while also making sure that new chemistries can be used safely before they are allowed to enter commerce,” said Michal Freedhoff, EPA Office of Chemical Safety and Pollution Prevention assistant administrator, in a press release. “Today, we’ve modernized our chemical reviews and continued to protect people from unsafe new PFAS.”

EPA says its final rule ensures that new PFAS will no longer be eligible for a low volume exemption (LVE) or low release and exposure exemption (LoREX). PBT chemicals will be ineligible when environmental releases or potential unreasonable exposures are anticipated.

Existing regulations allow the EPA to grant safety review exemptions for chemicals with low production quantities, environmental releases, or human exposures, and undergo a shorter review instead of the “full, robust” review by EPA.

“This action furthers the Biden-Harris Administration’s commitment to address the impacts of these ‘forever chemicals’ and advances EPA’s PFAS Strategic Roadmap to confront the serious human health and environmental risks of PFAS,” EPA said. “This final rule will help ensure that every community is protected from a potential range of severe health problems, including those that impact workers and children.”

In April 2021, EPA announced new PFAS would be unlikely to qualify for these exemptions going forward because of the complex chemistry and potential health effects, PFAS have as well as their longevity and persistence in the environment, the release states.

Before amendments were made in 2016, the EPA made formal safety determinations on 20% of new chemical submissions. The new law requires one of five possible safety determinations on 100% of new chemical submissions before they can enter the market.

The rule will go into effect 30 days after publication in the Federal Register.

In April, the EPA announced its final PFAS rule would designate two widely used forever chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, and will help ensure that polluters pay to clean up their contamination.

The rule includes investigation and cleanup of the chemicals and ensuring that leaks, spills, and other releases are reported, EPA said in a news release.

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