‘The Forever Chemical Regulation and Accountability Act of 2024’ (the FCRAA), an important framework to phase out all non-essential uses of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in 10 years, was proposed by the US Federal Government in April 2024.
If approved, the law will take effect on the date of enactment.
PFAS Definitions
According to 15 USC §8931(2)(B),
- Perfluoroalkyl substance means a chemical of which all carbon atoms are fully fluorinated
- Polyfluoroalkyl substance means a chemical containing at least one fully fluorinated carbon atom and at least one carbon atom that is not a fully fluorinated carbon atom
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PFAS Provisions under FCRAA
- Authorizing the U.S. Environmental Protection Agency (EPA), in consultation with other Federal departments and agencies, to implement a 10-year agreement on the phase out of non-essential uses of PFAS
- Amending the Toxic Substances Control Act (TSCA) Section 8 (a)(7) to require PFAS manufacturers and users to report any essential PFAS usages annually starting no later than 3 years after enactment
- Setting a 10-year general rule for manufacturers (includes importers and exporters of products that are known to contain PFAS) and users to complete the phase out of non-essential uses of PFAS
- Directing each manufacturer to submit a plan and schedule for the aforementioned 10-year phase out general rule
- Setting accelerated phase out periods for certain product categories if these goods contain PFAS (refer to below table)
PFAS Product Categories Affected by the Proposed Rule
Below table lists out the phase out timelines for some product categories:
Scope | Proposed Prohibition effective date |
· Carpets and rugs · Fabric treatments · Food packaging and containers · Juvenile products · Oil and gas products | 1 year after date of enactment |
· Accessories and handbags · Cosmetics · Indoor and outdoor apparel · Indoor textile furnishings · Indoor upholstered furniture | 2 years after date of enactment |
· Outdoor textile furnishings · Outdoor upholstered furniture | 4 years after date of enactment |
· Outdoor apparel for severe wet conditions | 5 years after date of enactment |
· All non-essential uses | 10 years after date of enactment |
Unless otherwise designated, any use of a PFAS will be considered as non-essential after 10 years from enactment of the new regulation.
This article is originally published by SGS:
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