SPAN Submits Comments to Vermont’s Department of Environmental Conservation (DEC) Concerning PFAS Management Update for Act 131
SPAN recommends improvements, clarifications to Vermont’s Draft Legislation for PFAS phase-outs.
On October 25, 2024, the Sustainable PFAS Action Network (SPAN) submitted comments to the Vermont Department of Environmental Conservation (DEC) regarding their recent Draft Legislation to update Act 131 – a law that implements statewide PFAS phase-outs.
The new PFAS draft legislation rightly focuses on non-essential consumer use products, adding Vermont to the growing list of states that are moving toward risk-based PFAS policy. This targeted approach acknowledges the need for sustainable PFAS management while recognizing the essential role certain compounds play across critical industries, from delivering lifesaving equipment and medicine to enabling the renewable energy revolution and essential energy storage needs.
While the bill proposes several risk-based provisions that will make Vermont’s PFAS program more targeted and effective, SPAN encourages DEC to adopt further measures that will ensure its success. In our comments, SPAN highlighted several critical areas for improvement, including the need for clearer guidelines that will ensure manufacturers can effectively comply and aid the program’s successful implementation. Below is a brief, abbreviated summary of SPAN’s response to the DEC's request for input on the Draft Legislation:
Definitions and Clarity: SPAN seeks further clarification on definitions in the draft legislation, specifically regarding “alternatives” and “intentionally added” PFAS, to ensure that substitutes for PFAS perform equivalently, and request a more nuanced approach to distinguishing between complex durable goods and non-essential consumer products. Narrowing these definitions, as SPAN suggests, could alleviate compliance burdens on manufacturers and ensure a more targeted approach to PFAS management.
Threshold Levels, Compliance and Recordkeeping: SPAN recommends establishing practical threshold levels for the presence of PFAS in products. This would facilitate compliance and reduce the likelihood of punitive measures against manufacturers for minor contamination. A threshold that would help set a limit for PFAS content in manufactured articles would provide clarity and encourage better cooperation among stakeholders in Vermont. Since there are no widely accepted testing methods for many PFAS and product categories, and testing component parts of assembled goods is often not feasible for manufacturers, SPAN recommends the Department propose recordkeeping requirements or provide guidance to ensure predictability and transparency in compliance and enforcement.
Streamlined Exemption Processes: While SPAN supports the proposed exemptions for pre-existing products, there is a need for a more straightforward administrative process for determining “currently unavoidable uses” of PFAS. Establishing a clear and timely process for manufacturers to seek exemptions could prevent bottlenecks and ensure that critical products remain available.
Effective Date Considerations: SPAN encourages the DEC to change the proposed effective date tied to regional agreements as it could create confusion and uncertainty. A more predictable timeline, set at least one year after the threshold has been met, would allow manufacturers and distributors ample time to adjust to new regulations.
Currently Unavoidable Uses (CUU) Exemption Timeline: The proposal's phase-out of PFAS-added products includes CUU exemptions capped at 5 or 10 years, which is too restrictive. This suggests that the Secretary could issue for a term of less than 5 years, which introduces discretion that makes it unpredictable. SPAN recommends allowing exemptions beyond these limits until viable alternatives are identified and qualified.
Please refer to the full comment letter available here for a detailed overview of these specific points.
The Draft Legislation to update Act 131 is an important step in addressing the management challenges posed by PFAS, showcasing a thoughtful balance between environmental stewardship and economic necessity. However, by refining definitions, establishing clear compliance thresholds, streamlining exemption processes, and clarifying effective dates, the state can strengthen its legislative framework.
SPAN appreciates the opportunity to engage with Vermont DEC and hopes that its comments will foster a more effective and equitable approach to PFAS management. With the recommended changes, the amended law can effectively protect human health and the environment without imposing unnecessary and burdensome requirements on businesses.