Toxic PFAS Control Act

This bill requires the Environmental Protection Agency (EPA) to regulate and phase out the manufacturing, processing, and distribution of perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. PFAS are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing.

Beginning six months after the date of enactment of this bill, no person may manufacture any new PFAS nor may they manufacture or process any PFAS for a significant new use as determined by the EPA.

The bill prohibits the manufacture of any PFAS beginning two years after the date of enactment of this bill. Additionally, three years after the date of enactment of the bill, no person may process or distribute in commerce any PFAS.

With regard to PFAS, the EPA must regulate

• the manner or method of disposal of PFAS or any article containing such substances;
• packaging or labeling of substances or articles containing PFAS to ensure clear and adequate minimum warnings and instructions for its processing, use, distribution, or disposal;
• reporting requirements for persons manufacturing or processing PFAS; and
• PFAS manufacturers in relation to the disposal of unprocessed PFAS, replacement or repurchase of PFAS, and notice requirements to certain parties.

The EPA is authorized to grant exemptions from requirements related to PFAS, but such exemptions are only permitted to last up to one year.