• EPA has taken a range of regulatory actions to address PFAS substances in manufacturing and consumer products.

Per- and polyfluoroalkyl substances (PFAS) are a group of human-made chemicals that have been manufactured and used in a variety of industries since the 1940s. PFAS include perfluorooctanoic acid (PFOA), perfluorooctyl sulfonate (PFOS), and many other chemicals.

PFAS are found in a wide range of consumer products that people use daily such as cookware, pizza boxes, and stain repellants. Most people have been exposed to PFAS, and certain PFAS can accumulate and stay in the human body for long periods of time. There is evidence that exposure to PFAS can lead to adverse health outcomes in humans. The most consistent findings from human epidemiology studies are increased cholesterol levels among exposed populations, with more limited findings related to infant birth weights, effects on the immune system, cancer, and thyroid hormone disruption.

TSCA actions related to PFAS

The Environmental Protection Agency (EPA) has taken a range of regulatory actions to address PFAS substances in manufacturing and consumer products as noted below:

• On March 11, 2002, and December 9, 2002, EPA published two significant new use rules (SNURs) to require notification to EPA before any future manufacture (including import) of 88 PFAS chemicals specifically included in the voluntary phase out of PFOS by a chemical company that took place between 2000 and 2002. This SNUR allowed the continuation of a few specifically limited, highly technical uses of these chemicals for which no alternatives were available, and which were characterized by very low volume, low exposure, and low releases. Any other uses of these chemicals would require prior notice to and review by the agency.
• In 2006, EPA invited eight major leading companies in the PFAS industry to join in a global stewardship program.
• On October 9, 2007, EPA finalized a SNUR on 183 PFAS chemicals believed to no longer be manufactured (including imported) or used in the U.S.
• On October 22, 2013, EPA issued a rule requiring companies to report all new uses of certain PFOA-related chemicals as part of carpets, a category of potentially harmful chemicals once used on carpets to impart soil, water, and stain resistance. Companies must now report to EPA their intent to manufacture (including import) these chemical substances intended for use as part of carpets or to treat carpets, as well as import carpets already containing these chemical substances.
• On January 21, 2015, EPA proposed a SNUR to require manufacturers (including importers) of PFOA and PFOA-related chemicals, including as part of articles, and processors of these chemicals to notify EPA at least 90 days before starting or resuming new uses of these chemicals in any products. This notification would allow EPA the opportunity to evaluate the new use and, if necessary, take action to prohibit or limit the activity.
• On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA) significantly amended the Toxic Substances Control Act (TSCA). EPA has issued rules to provide a framework for the implementation of the amended law. The framework rules outline EPA’s path forward for prioritizing, evaluating, and regulating chemicals. It also included a requirement for industry reporting of chemicals manufactured (including imported) or processed in the U.S. over the previous 10 years. (EPA issued this TSCA Inventory Notification (Active-Inactive) rule (also called the Inventory Reset rule) on August 11, 2017.) With regard to PFAS, this reporting will be used to identify which chemical substances are active in U.S. commerce and will help inform the prioritization of chemicals, such as PFAS, for risk evaluation.
• On February 20, 2020, EPA proposed a supplemental SNUR to ensure EPA is notified before anyone begins or resumes the import of long-chain PFAS chemical substances as part of surface coatings on articles.
• In July 2020, EPA issued a final rule strengthening the regulation of PFAS by requiring notice and EPA review before the use of long-chain PFAS that have been phased out in the U.S. could begin again. Additionally, products containing certain long-chain PFAS as a surface coating and carpet containing perfluoroalkyl sulfonate chemical substances can no longer be imported into the U.S. without EPA review. This action means that articles like textiles, carpet, furniture, electronics, and household appliances that could contain certain PFAS chemicals cannot be imported into the U.S. unless EPA reviews and approves the use or puts in place the necessary restrictions to address any unreasonable risks.
• In June 2021, EPA withdrew a compliance guide related to EPA’s July 2020 SNUR on certain long-chain PFAS. The withdrawn compliance guide, which was issued in January 2021, addressed whether certain imported articles were covered by the SNUR. EPA determined the compliance guide inappropriately narrowed the scope and weakened the SNUR. EPA’s July 2020 SNUR continues to be in effect. Articles containing certain long-chain PFAS as a surface coating cannot be imported into the U.S. without EPA review. Importers of articles, but not processors of articles are subject to the SNUR.
• On June 28, 2021, EPA proposed reporting and recordkeeping requirements for PFAS under TSCA section 8(a). In accordance with obligations under TSCA, as amended by the National Defense Authorization Act for Fiscal Year 2020, EPA proposed to require certain persons that manufacture (including import) or have manufactured these chemical substances in any year since January 1, 2011, to electronically report information regarding PFAS uses, production volumes, disposal, exposures, and hazards. The law mandates that EPA issue this data call no later than January 1, 2023. These data will enable EPA to better characterize the sources and quantities of manufactured PFAS in the U.S.
• On October 18, 2021, EPA announced the agency’s comprehensive PFAS Strategic Roadmap: EPA Commitments to Action 2021-2024, which goes over the agency’s approach to confronting PFAS contamination nationwide. Among the strategies, the roadmap calls for:
  • A robust review process for new PFAS under TSCA to ensure these substances are safe before they enter commerce;
  • A review of existing PFAS under TSCA to: ensure existing PFAS are being used in ways that do not present concerns, and prevent resumed production of legacy PFAS or their use in new ways; and
  • Finalize new PFAS reporting under TSCA Section 8 to better characterize the sources and quantities of manufactured PFAS in the U.S.
  • Actions from not just EPA’s Office of Chemical Safety and Pollution Prevention but also from the Office of Water, Office of Land and Emergency Management, Office of Air and Radiation, and Office of Research and Development.
• In October 2021, EPA issued the National PFAS Testing Strategy that will help EPA identify and select PFAS for which the agency will require testing using TSCA authorities. EPA’s initial set of test orders for PFAS will be strategically selected from more than 20 different categories of PFAS.
• In March 2022, EPA provided information to manufacturers (including importers), processors, distributors, users, and those that dispose of fluorinated high-density polyethylene (HDPE) containers and similar plastics (i.e., fluorinated polyolefins) about the potential for PFAS to form and migrate from these items.
• In January 2023, EPA proposed a rule that would prevent anyone from starting or resuming, without a complete EPA review and risk determination, the manufacture, processing, or use of an estimated 300 PFAS that have not been made or used for many years, known as “inactive PFAS.” In the past, these chemicals may have been used in many industries, including as binding agents, surfactants, sealants and gaskets, and may also have been released into the environment.
• On June 28, 2023, EPA released a framework for addressing new and new uses of PFAS under TSCA. The framework will ensure that before these chemicals are allowed to enter into commerce, EPA will undertake an extensive evaluation to ensure they pose no harm to human health and the environment.
• In August 2023, EPA finalized its National Enforcement and Compliance Initiatives for 2024-2027, including “Addressing Exposure to PFAS.”
• On October 11, 2023, EPA published a final rule to add 40 CFR 705. The rule will provide EPA, its partners, and the public with the largest-ever dataset of PFAS manufactured and used in the U.S. This final rule will require all manufacturers (including importers) of PFAS and PFAS-containing articles in any year since 2011 to report information to EPA on PFAS uses, production volumes, disposal, exposures, and hazards. Reporting must now be completed by October 13, 2026, for most manufacturers and by April 13, 2027, for small manufacturers reporting exclusively as article importers.. Submissions must be sent electronically to EPA via CDX. See Part 705 for details. Also learn more on EPA’s “TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances” webpage.