On May 16, 2023, the EPA proposed amendments to regulations that govern review of new chemicals under TSCA. Under TSCA, the EPA is charged with reviewing the potential risk of new chemicals before they enter U.S. commerce, and authorizes the EPA to put safeguards in place to protect human health and the environment.

The proposed amendments would eliminate existing exemptions for PAFS and related compounds from the Pre-Manufacturing Notice (“PMN”) safety review for the manufacture of chemicals with low production quantities, environmental releases, or human exposures.

The proposal would make new PFAS compounds categorically ineligible for these exemptions, and are a part of the EPA’s Strategic Road Map for PAFS regulation announced in October, 2021.  The proposed rule is expected to be published in the Federal Register in the coming weeks, and it is anticipated that the EPA will accept public comments for a period of 60 days after publication of the rule.

For more information, please contact one of the attorneys in SGR’s Environmental Practice.