Q&A: PFAS-Free Product Compliance

Why are PFAS regulations such a concern from a product standpoint?

PFAS have been utilized across numerous industries since the 1940s because of their resistance to heat, grease, and water. This led to the incorporation of PFAS into a vast array of products, including textiles, household items, cosmetics, electronics, pharmaceuticals, fire-resistant clothing, and firefighting foams.

As a result, many companies likely have PFAS in their past—and potentially current—supply chains. This widespread presence in supply chains and the environment, combined with concerns about persistent, bioaccumulative, and toxic (or PBT) characteristics, has generated significant social, political, and regulatory momentum toward greater transparency regarding PFAS usage and the elimination of these substances from products, industrial processes, and the environment.

What developments are driving the move away from PFAS in products?

Several factors are energizing companies to move away from PFAS usage, including regulatory pressure, greater scientific understanding of PFAS risks, legal liability, and stakeholder pressure. Recent regulatory developments include:

Increased Reporting and Transparency Requirements:

1. Regulations like EPA’s Toxic Substances Control Act Section 8(a)(7) mandate that manufacturers and importers report extensive information on PFAS use, production, and disposal methodology. Suppliers are required to report any PFAS content in SDSs.
2. In the US, many states have enacted stricter PFAS-related measures than the federal government. These state-level initiatives can act as pilot programs and create pressure for federal action and industry-wide changes. The patchwork of state regulations also creates complexity for businesses, incentivizing them to move toward consistent, PFAS-free products nationwide.

Hazardous Substance Designations and Waste Management:

1. EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA (Superfund) creates the opportunity to hold polluters financially responsible for cleanup costs. The potential for significant financial liability discourages the continued use and release of PFAS.
2. Expanding the Toxics Release Inventory in the US to include more PFAS and eliminate de minimis reporting exemptions increases transparency regarding industrial releases, making it easier to identify and regulate sources.
3. Regulations under the Resource Conservation and Recovery Act are being proposed to manage PFAS-containing waste more stringently, preventing further environmental contamination.

Chemical Regulations (REACH):

1. The European Union’s REACH regulation provides a framework for restricting substances of very high concern, including several PFAS. The ongoing proposal for a universal restriction on a broad range of PFAS under REACH has the potential to impact numerous industries.

The growing scientific understanding of informed consumers and advocacy groups, combined with PFAS contamination-related lawsuits, liabilities, and health issues, has led to demands for safer alternatives and accountability from companies incorporating PFAS.

What are companies doing to manage product and operational risks from PFAS?

Many companies will require a mitigation plan to manage PFAS in their supply chain. Strategically managing PFAS involves three key steps:

1. Identification: Identify all sources of PFAS in products, supply chains, and manufacturing processes to establish a comprehensive understanding of a company’s PFAS footprint.
2. Materiality & Prioritization: Determine and prioritize the most significant PFAS-related risks and opportunities based on impacts on the company and its stakeholders (e.g., customers, regulators, and investors).
3. Planning: Based on the prioritized issues, develop clear goals and detailed action plans with timelines and allocated resources to phase out PFAS, find alternatives, and confirm regulatory compliance.

Companies are administering supply chain audits and product testing to pinpoint where PFAS are used in their operations and products. It’s also crucial to work closely with suppliers to confirm they are correctly listed in SDSs, transitioning away from PFAS, and providing transparent, PFAS-free materials.

Additionally, companies are conducting internal research, reformulation efforts, and collaborations to seek and develop PFAS-free substitutes that perform similarly to existing solutions with PFAS. It is important for companies across industries to consistently remove and replace PFAS in their product lines, starting with available alternatives while carefully validating new materials.

Danielle Sandella is a Principal at Langan and a leader of the firm’s national environmental compliance services. She has 20 years of experience in the industry, focused primarily on multimedia regulatory compliance. Throughout her career, Danielle has established, managed, and audited regulatory compliance programs and permits at industrial, commercial, and institutional sites across the US, helping clients navigate varying degrees of process complexity, regulatory risk, and corporate requirements.