Bill to Limit PFAS Use Re-introduced in Washington
The chemicals are found in many consumer products, including some refrigerants
PFAS BILL: Legislation re-introduced in the U.S. House and Senate last month calls for phasing out non-essential uses of PFAS chemicals, which are found in some refrigerants.
Bicameral federal legislation that calls for studying PFAS “forever chemicals” and their health risks, and restricting their non-essential use, was re-introduced in March.
PFAS, short for per- and polyfluoroalkyl substances, are chemicals found in many products, including some refrigerants, that can accumulate in the body and can be dangerous for human health. The National Center for Computational Toxicology has identified more than 12,000 types of PFAS.
Many fluorinated refrigerants, including low-GWP hydrofluoroolefins (HFOs), contain PFAS or can break down into PFAS. PFAS chemicals are also found in nonstick cookware, waterproof clothing, food packaging, cosmetics, carpets, stain-resistant furniture, and many other consumer products.
The Forever Chemical Regulation and Accountability Act was introduced in the Senate by Sen. Dick Durbin, D-Ill., and in the House of Representatives by Rep. Betty McCollum, D-Minn. The legislation had been introduced in April 2024 but didn’t make it out of committee during that congressional session.
The bill would establish a 10-year time frame for phasing out non-essential PFAS and ending their release into the environment by manufacturers and commercial users. It would also initiate studies on the health risks of PFAS and how they can accumulate in the body, and to determine the essential uses of PFAS and provide guidance on determining which PFAS uses are essential and which are not.
“Protecting our environment and Americans from toxic hazards like PFAS is a matter of public health — especially when PFAS is commonly used in household products and can be found in our water systems,” said Durbin in a press release. “With the Forever Chemical Regulation and Accountability Act, we can work toward phasing out the unnecessary uses of PFAS, protecting consumers and our environment from the hazards of these chemicals.”
State PFAS restrictions, and regulatory proposals, have been on the HVACR industry’s radar for a while.
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In Minnesota, a PFAS ban begins in 2032; Todd Titus, director of state government affairs Heating, Air-conditioning & Refrigeration Distributors International (HARDI), said the organization is lobbying for an exemption for HVACR. Maine has restrictions on PFAS, but refrigerants are exempted from it until 2040. Titus, however, said HARDI is working for a longer exemption.
As of December, seven other states had introduced PFAS restrictions that would apply to HVACR, 13 states had no restrictions adopted or introduced, 26 states had introduced or adopted restrictions that would not or do not affect HVACR, and two states — New Mexico and New Hampshire — had restrictions that exempt HVACR.
The Forever Chemical Regulation and Accountability Act would also:
• Establish deadlines for manufacturers to remove PFAS from certain products.
• Prevent corporations from using bankruptcy proceedings to avoid claims related to persistent, bioaccumulative, and toxic chemicals, including PFAS.
• Establish a “rapid response” program to focus on replacing PFAS and remediating its harms.
• Require PFAS manufacturers and users to file reports with the U.S. Environmental Protection Agency that disclose information about PFAS and submit schedules for phasing out PFAS.
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