On April 18, 2024, the U.S. Federal government proposed a PFAS-related bill introducing new oversight and accountability measures for entities that use PFAS and manufacture PFAS products.
The Highlights of H.R. 8074 (S4187)
The bill is divided into numerous sections, each detailing initiatives, actions, roles, and responsibilities present in the proposed bill.
Section 101: NASEM Studies
Section 101 highlights an agreement for the NASEM to evaluate the various uses of PFAS and classify them as essential or nonessential.
Section 102: The Phasing Out of Nonessential PFAS Uses
This section details the annual reporting requirements for manufacturers and users as they detail how they’re complying with the demands of the plan to eliminate any nonessential uses of PFAS within 10 years.
Section 103: US PFAS Policy
Section 103 establishes the U.S. policy restricting PFAS while empowering federal agencies to assist in achieving the goal.
Section 104: Phasing Out PFAS Release and Disposal
This section prohibits PFAS manufacturers and users from disposing of PFAS in quantities that exceed the established threshold.
Section 105: PFAS for Research
This establishes the right to release PFAS for research and development purposes, given that it doesn’t pose a significant risk to the environment or humans.
Section 106: EPA Inspections, Monitoring, and Entry
Section 106 requires that manufacturers allow the EPA access to their records and facilities so that the EPA can monitor their activities.
Section 107: EPA Enforcement
Section 107 grants the EPA the right to enforce restrictions on those who fail to comply with PFAS regulations.
Section 108: Citizen Protection
This section gives citizens the right to take legal action against PFAS manufacturers that violate regulations.
Section 109: Imminent Hazard Penalties
Section 109 establishes the EPA’s right to restrict the activity of PFAS manufacturers if their actions pose an immediate risk to human health or the environment.
Section 110: Applying the Law to Federal Agencies
This section mandates that federal agencies comply with all local, state, interstate, and federal PFAS-related laws.
Section 111: Judicial Review
Section 111 establishes the judicial review process for final petitions and regulations.
Section 112: Regulatory Authority
Section 112 grants the EPA the authority to carry out the regulations included in this bill.
Section 113: Authorization of Appropriations
This section authorizes the funding required to carry out the bill. It also enables the ETA to collect fees to fund the bill.
Section 114: Severability
This section protects the rest of the bill if any single section is deemed unconstitutional.
Section 115: Retention of State Authority
This section prevents states from implementing less stringent requirements. However, it does allow them to enforce more restrictive requirements.
About Our Consumer Product Testing
The Applied Technical Services Family of Companies offers various PFAS-related testing and analysis services. We help our clients comply with laws and regulations, ensuring their products remain eligible for production and sale in the United States. Please read this article for additional information regarding H.R. 8074 (S4187).