A new Republican proposal aims to exempt numerous newly discovered toxic substances, known as Pfas or “forever chemicals,” from health and safety assessments, a move that has sparked criticism from opponents who argue it would enable the unchecked use and sale of these hazardous man-made substances with insufficient scrutiny.
Two Republican lawmakers in the House have introduced a resolution under the Congressional Review Act. This resolution seeks to overturn a 2024 Biden administration rule that closed a loophole known as the “low volume exemption” for Pfas. This provision previously allowed Pfas and other chemicals, produced in limited quantities, to enter the market with minimal review from federal regulators.
However, Michael Youhana, an attorney with the environmental nonprofit Earthjustice, which has been involved in litigation over this loophole, points out that Pfas are so toxic that even small amounts pose significant dangers.
Pfas encompass approximately 15,000 different chemicals, commonly used in products designed to resist water, stains, and heat. They are dubbed “forever chemicals” due to their inability to break down naturally. These chemicals can accumulate in humans and the environment, and are associated with a range of health issues, including cancer, kidney disease, liver problems, immune disorders, birth defects, and more.
The Environmental Protection Agency (EPA) has documented that safety data sheets for Pfas chemicals, which were approved under the exemption, include warnings of being “lethal if inhaled” and “corrosive to the skin”. Several present a “severe health hazard”. Even brief exposure to these chemicals can cause “irreversible injury”, and “life-threatening, permanent, or major injury” can result from a single or repeated exposure.
Youhana calls the attempt to reopen the loophole and approve these chemicals with minimal oversight “insane”, noting that even small releases or exposure to Pfas can have devastating impacts on both the environment and human health.
The exemption had been in place for years, facilitating the market entry of Pfas and other chemicals within 30 days with little scrutiny, provided less than 22,000 pounds of a chemical was produced annually, ostensibly posing no “unreasonable risk” to workers, the public, or the environment. Chemicals considered to meet the threshold of “unreasonable risk” typically require full regulatory oversight.
Between 1985 and 2020, over 600 chemicals, many of them highly toxic, were approved under this exemption, with a noticeably increased frequency during the initial Trump administration. An attorney from Keller and Heckman, a law firm representing the industry, referred to the low volume exemption as a “regulatory bypass” that is “an attractive option for high-toxicity substances”.
The Biden EPA informal closed the loophole, acknowledging that Pfas are “too complex to approve” under the exemption, leading to a significant decrease in applications, with the few submitted in recent years being rejected.
In spite of this, the Biden EPA has expedited the approval of Pfas through alternative channels for the semiconductor industry. Nevertheless, chemical manufacturers are advocating for the loophole’s reopening. If a majority of Congress approves the resolution to repeal the Biden action, as proposed by Clay Higgins — who represents a district in Louisiana, home to many of the nation’s chemical producers — Pfas will once again be approved with minimal oversight.
Source: https://www.theguardian.com/us-news/2025/apr/04/republican-proposal-exempt-pfas
