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ARTICLE · 18 MAY 2021

EPA's PFAS Policy Change May Delay Market Entry For Innovative Chemicals

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While EPA will consider each LVE application individually, the agency generally expects that pending and new LVE submissions for PFAS would be denied."

United StatesEnvironment
Baker Botts
Baker Botts
Bart Seitz
Bart Seitz

On April 27, 2021, the U.S. Environmental Protection Agency ("EPA") announced an important policy shift in its pre-market review of new per- and polyfluoroalkyl substances ("PFAS") under the Toxic Substances Control Act ("TSCA"). EPA's change, which is immediately effective, removes all types of PFAS from eligibility for the expedited 30-day low volume exemption ("LVE") market entry process. The new policy means that PFAS must now go through the pre-manufacture notice ("PMN") review process that should take 90 to 180 days, but often takes much longer. It also means that innovative replacement PFAS, which can be less environmentally persistent and more effective than existing chemistries, could face a longer horizon for market entry.

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