Press Release | September 29, 2023

Short-term progress, long-term problem: EPA leaves hundreds of PFAS out of toxics law

EPA ignores science and hundreds of toxic forever chemicals in use by industry keeping people at risk

WASHINGTON —The Environmental Protection Agency today missed an opportunity to deliver on its promises to hold polluters accountable for toxic PFAS pollution by excluding hundreds of PFAS, or forever chemicals, from reporting requirements under the Toxic Substances Control Act, according to the Southern Environmental Law Center.   

“In a troubling sign, EPA is allowing industry to keep secret its use of hundreds of PFAS,” said Kelly Moser, leader of the Water Program at the Southern Environmental Law Center. “Requiring reporting under the Toxics Substances Control Act for only a fraction of PFAS that industry releases into our air and water every day is a disservice to people nationwide.”

Rather than require industry to report its  use and manufacture of the full class of PFAS under TSCA, EPA incorporated a narrow definition of PFAS in its reporting rule that leaves out hundreds of the toxic chemicals. As a result, industrial sources will be able to keep essential information about the health effects and other key aspects of PFAS secret from families and communities that are exposed to these forever chemicals.

Although EPA’s rule will yield important information on the PFAS covered by the rule,  it continues to jeopardize people’s health by failing to include PFAS as a class. Several industry groups submitted comments to the agency in support of a narrow definition.

PFAS are a class of thousands of synthetic chemicals. Growing research links PFAS exposure to harming people’s health, including liver cancer, testicular cancer, liver damage, thyroid disease, and other health harms.

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