Notice2024-07927
Notice of Inquiry Regarding PFAS in Products
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 16, 2024
Issuing agencies
General Services Administration
Abstract
As part of its on-going commitment to advancing sustainable acquisition, the General Services Administration (GSA) is exploring opportunities to reduce or eliminate potential per-and polyfluoroalkyl substances (PFAS) chemicals with the intent to reduce exposure from products offered to the Government through GSA's contract solutions. GSA is publishing this notice to request comments to help us understand potential areas for focus, and to identify potential unintended negative impacts. At this time, GSA has not determined whether or not it should work towards a notice of proposed rule-making to address this topic.
Full Text
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<title>Federal Register, Volume 89 Issue 74 (Tuesday, April 16, 2024)</title>
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[Federal Register Volume 89, Number 74 (Tuesday, April 16, 2024)]
[Notices]
[Pages 26887-26888]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07927]
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GENERAL SERVICES ADMINISTRATION
[Notice-MVAC 2024-01; Docket No. 2024-0002; Sequence No 16]
Notice of Inquiry Regarding PFAS in Products
AGENCY: Office of Acquisition Policy, General Services Administration.
ACTION: Notice; request for information (RFI).
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SUMMARY: As part of its on-going commitment to advancing sustainable
acquisition, the General Services Administration (GSA) is exploring
opportunities to reduce or eliminate potential per-and polyfluoroalkyl
substances (PFAS) chemicals with the intent to reduce exposure from
products offered to the Government through GSA's contract solutions.
GSA is publishing this notice to request comments to help us understand
potential areas for focus, and to identify potential unintended
negative impacts. At this time, GSA has not determined whether or not
it should work towards a notice of proposed rule-making to address this
topic.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat as noted below on or before June 17, 2024.
ADDRESSES: Submit comments in response to this inquiry to:
<a href="http://Regulations.gov">Regulations.gov</a>: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Submit comments via the
Federal eRulemaking portal by searching for ``GSA PFAS Inquiry''.
Follow the instructions provided at the ``Comment Now'' screen. Please
include your name, company name (if any), and ``GSA PFAS Inquiry'' on
your attached document.
Instructions: Comments received generally will be posted without
change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal and/or
business confidential information provided. To confirm receipt of your
comment(s), please check <a href="https://www.regulations.gov">https://www.regulations.gov</a>, approximately two
to three days after submission to verify posting.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Adina Torberntsson, Procurement Analyst, at <a href="/cdn-cgi/l/email-protection#cfa8bcaebdbfa0a3a6acb68fa8bcaee1a8a0b9"><span class="__cf_email__" data-cfemail="4225312330322d2e2b213b022531236c252d34">[email protected]</span></a> or
720-475-0568. For information pertaining to status or publication
schedules, contact the Regulatory Secretariat at <a href="/cdn-cgi/l/email-protection#4f081c0e1d2a281c2a2c0f283c2e61282039"><span class="__cf_email__" data-cfemail="490e1a081b2c2e1a2c2a092e3a28672e263f">[email protected]</span></a> or
202-501-4755. Please cite GSA PFAS Inquiry.
SUPPLEMENTARY INFORMATION:
I. Background
Per- and polyfluoroalkyl substances, known as PFAS, are a widely
used class of chemicals which break down very slowly over time. Since
PFAS chemicals are slow to break down, and have been used in several
manufacturing processes, they are ubiquitously found throughout the
environment. PFAS has been detected in air, water, soil, and even human
blood. Several studies have linked PFAS to health risks and
environmental risks.\1\ To help reduce the risk of further exposure to
these chemicals, the Government can work towards reducing PFAS
containing products through procurement.
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\1\ See EPA website on PFAS <a href="https://www.epa.gov/pfas/pfas-explained">https://www.epa.gov/pfas/pfas-explained</a>.
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The GSA Acquisition Policy Federal Advisory Committee (GAP FAC) was
established to provide recommendations specific to GSA to drive
regulatory, policy, and process changes in acquisition. The GAP FAC
recommended that GSA should move forward with reducing PFAS through
government procurement and that GSA should consider product categories
that have already been identified by other state and federal programs,
specifically: furniture, carpets, rugs, curtains, cookware, food
service ware, food packaging materials, cutlery, dishware, paints,
cleaning products, stain and water resistant treatments, flooring, and
floor care products (``Recommended Categories'').
While much has been learned by connecting with government experts
and the GSA GAP FAC, GSA would like to similarly learn from industry
partners.
II. Purpose
In 2021, Executive Order 14057 \2\ outlined an approach to
catalyzing clean energy industries and jobs through federal
sustainability. The implementing instructions (OMB Memo M-22-06 \3\)
directed federal purchasers to prioritize the procurement of products
that do not contain PFAS. This inquiry is an important step towards
implementing these instructions by learning more on how to successfully
reduce or eliminate potential PFAS exposure through products procured
by the Government. GSA has been engaged in a PFAS and product working
group to better understand where PFAS is found in the marketplace.
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\2\ E.O. 14057 Catalyzing Clean Energy Industries and Jobs
Through Federal Sustainability.
\3\ OMB Memo M-22-06.
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GSA invites comment on the issues discussed in this notice to help
inform future rulemaking on how to best reduce
[[Page 26888]]
federal procurement of products that either intentionally or
unintentionally contain PFAS while minimizing any unnecessary burdens
on our industry and logistics partners.
III. Request for Operational Information
GSA seeks responses to the questions listed below. Please explain
the reasoning behind your responses in detail. Also, please provide any
data, studies, or other evidence that supports your response.
In your response please include your contact information, your
business socio-economic category if applicable, and a little bit about
your business (such as if you represent a manufacturer, distributor,
reseller, or other).
To help GSA review comments efficiently, identify the question to
which you are responding by its associated number and letter (e.g.,
``III.3a'') or whether you are commenting on a topic not listed below.
1. Aside from a product's ecolabel, are there other ways to
identify if a product contains PFAS?
2. Considering GSA's goal to reduce products containing PFAS, what
product categories have the greatest opportunity for GSA to reduce or
eliminate PFAS exposure?
3. What should GSA consider in terms of defining if a product has
reduced or eliminated PFAS?
4. What product areas should GSA exclude at this time and why?
5. Are there unintended impacts GSA should anticipate?
a. If so, what mitigation strategies should GSA consider?
6. What is the potential impact on domestic manufacturing if GSA
establishes PFAS reduction requirements that reduce or prohibit PFAS,
or eliminate them entirely?
7. What limitations exist for you to identify PFAS in the products
that you offer?
8. Would your answers to questions #6 and #7 be different if only
intentionally added PFAS (or when a PFAS containing chemical is
included in a product that serves an intended function in the product)
was the focus of this inquiry?
9. What is the potential impact on small businesses including
socio-economic small businesses if GSA establishes PFAS reduction
requirements or prohibited PFAS entirely?
10. How long should GSA give contractors to reduce PFAS?
11. What type of exception process should GSA consider?
12. What information is readily available for you to determine if
your products contain PFAS chemicals?
a. If there is not information readily available, what type of
tools would help you determine if PFAS is present (e.g., supply chain
mapping, specific ecolabels, etc.)
13. Would it be more impactful for GSA to target a specific product
type or chemical signature in products to meet the goal of reducing or
eliminating PFAS?
14. Are there existing industry manufacturing standards or
oversight that address PFAS reduction or elimination?
IV. Request for Economic Data and Consumer Research
Aside from the questions listed above, GSA also seeks to better
understand the bigger picture regarding what industry changes are in
fact feasible from an economic perspective. GSA seeks economic data and
consumer research to help increase its understanding of the market. In
your response please consider some of the questions highlighted below.
You do not have to answer all of these in your response. The intent of
the following are simply things to consider.
1. What will the estimated costs be to either reduce or eliminate
PFAS within your industry?
2. Is there a large price differential between a product that
contains PFAS and an alternative product?
3. How would a reduction or elimination of PFAS containing products
impact your company's ability to compete?
4. To what extent is your industry already moving to better
understand and reduce the presence of PFAS in products as a result of
broader market forces or policies being considered or enacted by
entities other than the federal government?
Jeffrey A. Koses,
Senior Procurement Executive, Office of Governmentwide Policy, U.S.
General Services Administration.
[FR Doc. 2024-07927 Filed 4-15-24; 8:45 am]
BILLING CODE 6820-61-P
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