Document pmL1w49k1yZgb362RprKxZR86

EPA Activities/Issues on Fluorosurfactants Mary F. Dominiak U.S. Environmental Protection Agency DoD AFFF Workshop, Pentagon March 16, 2001 US00003063-D Issues and Status Discovery of perfluorooctyl sulfonates (PFOS) in humans and wildlife worldwide. Concern: Data indicate PFOS chemicals are persistent, bioaccumulative, and toxic. 3M phasing out 90 PFOS chemicals by 2003; EPA proposed regulation to follow voluntary phaseout. EPA has concerns on related chemistries (PFOA, telomers); assessment and research are underway. PFOS, PFOA, and telomers are used in MilSpec AFFF products. US00003064-D Status of PFOS Rulemaking EPA published Proposed Significant New Use Rule (SNUR) on 90 PFOS chemicals (65 FR 62319, 10/18/2000), consonant with 3M phaseout. Proposed SNUR is not a ban: - Would require companies to file notice with EPA 90 days before beginning new manufacture or import of listed PFOS chemicals. EPA could grant, deny, or impose conditions on intended use. - Would not affect continued use of stocks of chemicals obtained before the end of the phaseout period. Comment period extended to 1/1/2001. Public meeting 3/27/2001, Sheraton Crystal City. US00003065-D Status of PFOS Rulemaking 25 comments filed. Most comments challenge legal basis of proposed SNUR; also request exemptions for specific uses of PFOS chemicals as being essential, low volume, and low exposure. Claimed essential uses include photoresists in semiconductor manufacture; aviation hydraulic fluids; and some photolithography. Comments currently under review. Public meeting on 3/27/2001 provides opportunity for clarification of comments. US00003066-D Related Chemistry Concerns PFOA & telomer chemicals raise similar concerns: - Known persistence. - PFOA toxicity data in public literature. - Question: similar bioaccumulative potential? - Question: similar fate and transport? - Question: similar widespread exposure? EPA hazard assessment on PFOA underway; preliminary conclusions likely by June 2001. Telomer producers began voluntary testing in 2000; data to be available in 2002. Fluoropolymer manufacturers began additional testing on PFOA/APFO in 2001. US00003067-D Future EPA Actions PFOS: - Assess and respond to comments on proposed SNUR for 90 3M phaseout PFOS chemicals. - Consider need/options for action on other PFOS chemicals. PFOA: - Complete preliminary hazard assessment by June 2001. - Assess new data as received. - Identify needs/options for action. US00003068-D Future EPA Actions Telomers: - Begin EPA review of existing data. - Review submissions from voluntary industry testing program in 2001-2002. International Activities: - Participate in initial assessment of PFOS by Organization for Economic Cooperation and Development; further action to be determined. US00003069-D Future EPA Actions Regulatory actions available under the Toxic Substances Control Act include: - Testing requirements (section 4). - SNURs, new chemical reviews (section 5). - Manufacturing, use, disposal rules (section 6). - Information submission (section 8). TSCA uses an "unreasonable risk" standard balancing hazard, exposure, benefits, costs, availability of alternatives at time of proposal. US00003070-D Future Actions Voluntary activity may be expected in lieu of or while regulatory activities are pending. - If assessments raise liability concerns, more companies may elect to discontinue chemicals. - New chemicals are being submitted to EPA for review as potential substitutes for PFOS/PFOA. Presence of new chemical alternatives may affect TSCA "unreasonable risk" determinations. US00003071-D AFFF Implications Current EPA activities would not restrict continued use of PFOS-based AFFF stocks obtained prior to the 12/31/2002 phaseout. Current EPA activities would prevent manufacture or import of PFOS after phaseout, including PFOS-based AFFF, unless 90-day notice filed and approved. US00003072-D AFFF Implications Non-PFOS-based AFFF products formulated with PFOA or telomers may be affected by ongoing EPA reviews of these related chemistries, and may be subject to future regulatory or voluntary risk management actions. - Persistence is known: information on toxicity, bioaccumulative potential being assessed or collected. - Initial assessments will be completed in 2001-2002. - If undertaken, regulatory proceedings average 2-5 years. US00003073-D AFFF Implications A program to seek, test, and consider long-range alternatives to current fluorosurfactant-based AFFF would be prudent. - Health and environmental concerns generally argue for a move away from persistent chemicals where possible. - Ongoing EPA activities provide a multi-year window for development, evaluation, and qualification of alternatives, while still allowing access to and use of stocks of currently accepted chemicals. US00003074-D For Further Information Mary F. Dominiak, 202-260-7768, dominiak. marv(a),epa. gov Karen Lannon, 202-260-2797, lannon. karenfcilepa. gov F o r data CDs from PFOS file (AR-226), TSCA NCIC, 202-260-7099, Monday-Friday, noon to 16:00 Eastern time. To attend 3/27/2001 PFOS SNUR public meeting: Annette Washington, 202-260-3515, Washington. annette(a),epa. gov US00003075-D