The EPA recently announced changes in policy to new PFAS before it can enter the market. The current administration has made a commitment to focus on PFAS pollution and protect human health and the environment.

Previously, some new PFAS were allowed to enter the market through low volume exemptions (LVEs).  EPA’s New Chemicals Program is implementing a recent strategy for reviewing and managing LVE requests for PFAS to protect people and the environment from the potentially harmful effects of these chemicals.

In the press release, the EPA states that given the complexity of PFAS chemistry, potential health effects, longevity, and persistence in the environment, an LVE submission for  PFAS is unlikely to be eligible for an exemption under the regulations. While EPA will consider each LVE application individually, the agency expects that pending and new LVE submissions for PFAS would be denied, which will allow the agency additional time to conduct a more thorough review and potentially put measures in place to mitigate the potential risk of these chemicals as the agency determines whether to allow them to enter the market.

In addition, the EPA  is seeking ways to work with companies to voluntarily withdraw prior LVEs.  In a March press release, Updates on EPA’s TSCA New Chemicals Program,  the  EPA also announced important changes in the way the agency reviews and makes determinations on new chemicals submissions to better align with TSCA.  

These policy changes will assure that if new PFAS are allowed to enter the market, the EPA will have reviewed all intended, known, and predictable conditions of use and that these chemicals will not enter commerce without proper and enforceable protections for human health, and the environment.

Merit Laboratories is a leading national PFAS environmental laboratory, analyzing drinking water, soil, wastewater, groundwater, and other sample matrices, including biosolids and sludge. Analytical methods performed by Merit for PFAS include drinking water by EPA 533, EPA 537.1, and EPA 537 rev. 1.1, biosolids by ASTM D7968-17 with Isotopic Dilution,  and soil, wastewater, groundwater, and surface water by ASTM D7979-19 with Isotopic Dilution and ASTM D7968-17.