On August 31, 2022, the White House Council on Environmental Quality (CEQ) released a report entitled “Implementing Instructions for Executive Order 14057 Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability.” In the report, the CEQ strongly encourages the EPA to increase its efforts to identify viable PFAS free products on the market for federal procurement purposes. The CEQ report follows Executive Order14057 from December 2021, which directed federal agencies to find substitutes for PFAS-containing products.
Any company that is an approved federal supplier of products must spend time now to determine whether their products are PFAS free so as to avoid business interruption issues as the federal governments PFAS free efforts continue.
PFAS Free Products Directive
Executive Order 14057 required federal agencies to increase efforts to find substitutes for PFAS-containing products to achieve the goal of the federal government procuring PFAS free products during the Presidential term. The CEQ advised the EPA in its report that in order to achieve the Administration’s goal, the EPA should broaden its recommendations on product specifications, standards, and labelling. In conjunction, the CEQ advises the General Services Administration to update the Federal Procurement Data System so as to further encourage easier sourcing of PFAS free products.
Impact On Businesses
The government’s push to become PFAS free in the products that it purchases will have a clear and direct impact on any company that supplies products to the government. Understanding whether products that are sold to the government is a critical first step to ensure a lack of interruption in sales to the government. However, there are complexities and challenges to obtaining information from component suppliers about whether the components are PFAS free, especially if those supply companies are located overseas. Solutions do exist, but retaining knowledgeable PFAS experts is critical to navigating this issue.
CMBG3 Law is following judicial, legislative, administrative, and scientific developments relating to PFAS. More information about the services we can provide, including risk assessments, to ensure your business is ready for any intersection with these substances can be found on our PFAS Litigation page.
Our attorneys have been at the forefront of PFAS issues, including giving presentations as to the future waves of litigation stemming from PFAS issues. For more information, please contact the Chair of our PFAS – Toxic Torts Team: John Gardella.