Unveiling New Regulations Against GenX ‘Forever Chemicals
“GenX” refers to a group of per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals.” PFAS are a class of human-made chemicals used in a wide range of products for their water- and grease-resistant properties. As a result, GenX garnered attention as an alternative to perfluorooctanoic acid (PFOA), which is another PFAS compound that was phased out due to health and environmental concerns. GenX chemicals have been used in the manufacturing of various products, including non-stick coatings, water-repellent outdoor gear, food packaging, and firefighting foams. These chemicals are called “forever chemicals” because they are highly persistent in the environment and do not break down easily. Concerns about GenX and other PFAS arise from their potential adverse effects on human health. Some studies have linked exposure to PFAS to health issues such as cancer, immune system dysfunction, and developmental problems. Additionally, PFAS contamination has been detected in drinking water sources, leading to regulatory actions and efforts to address contamination. Regulatory agencies and environmental organizations are actively researching and monitoring the presence of GenX and other PFAS in various environmental compartments. This is to better understand their impact and develop strategies to mitigate exposure and contamination. In November 2023 the Court of Justice of the European Union ruled against chemicals company Chemours Netherlands in its appeal against the identification of ‘GenX’ chemicals as a ‘substance of very high concern’ by the European Chemicals Agency (ECHA). As of January 2022, the regulations vary by country and region, so it’s important to note that regulations may have evolved since then. Here are some general points related to PFAS regulations: 1) United States: The U.S. Environmental Protection Agency (EPA) has taken steps to address PFAS contamination. As of 2022, there was no federal drinking water standard for PFAS. However, the EPA has established a health advisory level for PFOA and PFOS, two common PFAS compounds. Various states in the U.S. have implemented their own regulations regarding PFAS in drinking water and the environment. 2) European Union: The European Chemicals Agency (ECHA) and the European Food Safety Authority (EFSA) have evaluated PFAS substances, including restrictions on their use in certain products. The European Union has implemented regulations like Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH) that impact PFAS use in various applications. 3) Canada: Health Canada has been actively researching and monitoring PFAS. There are regulations in place to manage the presence of these substances in the environment and in consumer products. Companies can rely on Compliance XL to provide them with PFAS compliance consulting services and PFAS declaration and Genx regulation collection services. We also help our customers to maintain their suppliers’ certificates and declarations on a regular basis to make sure they are up to date as part of their compliance data management strategy. FAQ: 1.What is “GenX”? “GenX” refers to a group of per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals.”
Did you know, EPA Announces PFAS Strategic Roadmap?
The US Environmental Protection Agency (EPA) released the PFAS Strategic Roadmap on October 18, 2021. This document describes EPA’s commitment to action for 2021-2024 (the “Roadmap”) in relation to per- and polyfluoroalkyl substances (PFAS). This Roadmap defines the timeframes for EPA actions to address PFAS across environmental and under authorities such as Toxic Substances Control Act (TSCA), Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Safe Drinking Water Act (SDWA), Clean Water Act (CWA) and Clean Air Act (CAA). The Roadmap describes EPA’s plan for implementing the following strategies: Take into account the full lifecycle of PFAS Prioritizing prevention of PFAS entering the environment as a “fundamental step” in reducing potential risks By investing in scientific research, we can ensure science-based decision-making Polluters must be held accountable Ensure the protection of disadvantaged communities. Some of the key regulatory actions, which reflect “bolder new policies,” have been assigned to specific EPA program offices with implementation expected to take place between 2021 and 2024. With the release of the Roadmap, EPA has quickly moved forward with the following. Additionally, the EPA released its National PFAS Testing Strategy. On the same date, identification of potentially hazardous per- and polyfluoroalkyl substances will be identified (“Testing Strategy”), which will identify which chemicals will be tested under TSCA Section 4. By the end of 2021, the EPA expects to issue its first batch of test orders. The EPA released its final toxicity assessment for GenX chemicals (hexafluoropropylene oxide (HFPO) dimer acid and its ammonium salt), on October 25, 2021. According to the EPA, the safe level for ingestion of these chemicals is 10 times higher than that for PFOA and PFOS, the two most studied PFAS compounds. The EPA re-evaluates the toxic information regarding PFOA and PFOS. Below are the toxic values relevant to these compounds. PFAS Compound Chronic RfD (mg/kg-day) PFOA (2016) 0.00002 PFOS (2016) 0.00002 PFBS (2021) 0.0003 PFBA (Proposed 2021) 0.001 GenX (2021) 0.000003 In response to the Governor of New Mexico’s petition, EPA announced on October 26, 2021 that it would partially grant the petition and initiate two rulemakings. According to 40 CFR 261 Appendix VIII, the first rulemaking proposes the addition of PFOA, PFOS, GenX and PFBS to the list of hazardous constituents under RCRA. A proposed rule is developed by evaluating the existing data for these chemicals and building a record to support it. In the second rulemaking, it will be clarified that emerging contaminants like PFAS can be dealt with under RCRA’s Corrective Action Program. The following EPA initiatives will be released by the end of 2021: In the Fall of 2021, the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) requiring drinking water systems to monitor for 29 PFAS will be finalized. By the end of 2021, identification of PFAS categories will help the EPA identify gaps in coverage for both hazard assessment and removal technology development. EPA will continue, or launch, various regulatory programs consistent with its stated objective to “utilize the full range of statutory authorities to confront the human health and ecological risks of PFAS.” A number of these actions will have significant consequences. These include the following: Using TSCA authority, EPA plans to finalize a rule by the Winter of 2022 that will collect extensive data regarding the uses, volumes, disposal, exposures, and hazards of PFAS manufactured and imported, including imported products containing PFAS, since 2011. Under CERCLA authority, EPA plans to issue a long-anticipated proposed rule designating PFOA and PFOS as hazardous substances in the Spring of 2022. It is expected to be finalized in the Summer of 2023. As part of its SDWA authority, EPA plans to move forward with the development of a national primary drinking water regulation for PFOA and PFOS starting in the Fall of 2022 and expected to be finalized by the Fall of 2023. EPA is hosting two public webinars as part of its stakeholder engagement efforts.