PFAS Legislation- What’s Next?

PFAS regulation. Should they stay, or should they go? Legislative insights offer answers to common questions.

Per- and poly-fluoroalkyl substances (PFAS) are synthetic compounds with many societal uses. Applications from medical to textiles rely on PFAS chemicals daily. Exposure to some types of PFAS has been linked to serious health effects. Should they stay, or should they go? The answer to PFAS legislation is more complicated than a simple yes or no.

You can also read: PFAS Characterization and the Push for Information

PFAS examples. Image courtesy of Applied Technical Services.

Governmental representatives are navigating the complex subject of PFAS legislation, regulation, and sustainability. Furthermore, why are PFAS relevant? What are the current laws surrounding PFAS? Is there a timeline for future goals? There are countless questions we can consider. Plastics Engineering (PE) spoke with Guy Temple, Esq., a regulatory and administrative lawyer with Reinhart Boerner Van Deuren Law, and found answers.

Why are PFAS Relevant?

We are seeing a convergence of public interest and legislative action on a class of chemicals found in various products we encounter daily. Because PFAS are so ubiquitous, the concern over their use touches nearly every manufacturing and industry sector in some way—Guy Temple, Esq.

PFAS are present in different kinds of products such as cleaning chemicals, food packaging, and safety equipment utilize PFAS daily. Their harmful effects include reproductive issues, developmental issues, obesity, and cancer. The blaring solution is to ban them, but its not that simple. Polymeric subsets of PFAS, or fluoropolymers (FPs), are found in fabrics, transportation, and cookware. Moreover, they are an important component of electronic storage and financial transactions. As of 2020, there was little evidence to support that FPs were not of concern. But recent research shows that FPs are not bioavailable, are less likely to bioaccumulate, and are potentially non-toxic compared to their non-polymer PFAS counterparts. This difference enables confusion and debate in the PFAS legislative space.

Legislative Conundrum

After speaking with Guy Temple, Esq., it is clear the legislative and regulatory environment in the United States is changing almost weekly. We are seeing more activity in state legislatures in the last few years and a lot of copycat legislation, with each state mimicking legislative language from other states. This verbiage compliance is ideal, however, the state laws themselves are relatively vague due to a lack of information available to state legislators. Despite the move to legislate and regulate, there are still inconsistencies between these broad state-definitions and the more narrowed definitions used by the United States Environmental Protection Agency (U.S. EPA) and other federal agencies. Additionally, FPs have yet to be differentiated in legislation. This lack of differentiation makes the regulatory process complicated. Despite this conundrum, researchers and legislators alike are pushing forward. 

The differentiation topic is of discussion [regarding PFAS legislation]. The environmental science community is questioning whether FPs should be swept under the same regulations as other PFAS – Guy Temple, Esq.

PFAS Legislative Highlights

• April, 2024: The U.S. EPA issues several rules and standards, including the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the nation’s first ever legally enforceable drinking water standard
• February, 2024: The U.S. FDA bans the sale of grease-proofing agents containing PFAS.
• October, 2023: EPA issues recordkeeping requirements for PFAS under the Toxic Substances Control Act (TSCA) Section 8(a)(7). This Rule requires any person manufacturing or previously manufactured PFAS report information on uses, volumes, disposal, exposures, and hazard in any year since 2011. The deadline is May 2025.
• July, 2021: The U.S. PFAS Action Act, which aims to limit the use of PFAS and remediate PFAS in the environment, passes the U.S. House of Representatives. 
• 2019: New regulation on the EU’s Persistent Organic Pollutants (POPs) enters into force, replacing the 2004 regulation.
• 2014: Informal efforts are seen by the EU, European Chemicals Agency (ECHA), and the European Commission to screen data and coordinate a regulatory timeline.

Where Are We Going Next?

Standard Reference Data organizations like NIST and WILEY develop new methods, produce certified reference materials, and create databases of chemical compounds. These reference materials and databases help researchers with quantitative and qualitative PFAS analyses. The subsequent results help us differentiate between PFAS compounds which, in turn, aids in further risk assessment and future regulatory decisions. For now, we wait for compliance with the EPA’s PFAS Reporting Rule. This Rule will push businesses to take a deep dive into their products and supply chains.  Sustainable alternatives are a must as legislation continues to sweep all PFAS, inclusive of FPs, under the same legislative and regulatory rug.