Understanding the Basics of PFAS
PFAS 101
Per- and poly-fluoroalkyl substances (PFAS) are a group of man-made chemicals that consist of thousands of compounds. The most common types are PFOA (perfluorooctanoic acid) and PFOS (perfluorooctanoic sulfonic acid). They are characterized by strong carbon-fluorine bonds, which make them resistant to degradation in the environment. They have unique properties such as a resistance to heat and water, as well as being chemically stable.
This property has led to PFAS accumulation in soil, water, and living organisms. PFAS exposure to adverse health effects include developmental issues, liver damage, immune system suppression, and certain types of cancers.
PFAS are largely used in fire-fighting foams, paint and coatings, food packaging, construction, and automotive applications. Many government agencies are restricting or banning the use of entire groups of PFAS compounds.
The United States
The Environmental Protection Agency (EPA) has published a Significant New Use Rule (SNUR) preventing the use of any inactive PFAS without a review under the Toxic Substance Control Act (TSCA.) The TSCA list includes more than 1,300 potential chemical restrictions.
With regard to individual US states, many have created and enacted their own regulations at the state level.
Alaska defines the threshold limit for PFOA, PFOS, PFHxS, and PFNA in drinking water.
California restricts PFAS and requires obligated parties to report the usage quantities annually by leveraging California Proposition 65 obligations.
Colorado is banning the use of intentionally added PFAS in food packaging, carpets and rugs, juvenile products, and oil and gas products by Jan 1, 2024. In addition, Colorado will ban PFAS in cosmetics and outdoor furnishing between now and 2027.
Maine already requires manufacturers of products with intentionally added PFAS to report the presence of PFAS in those products to authorities beginning January 1, 2023. This includes the sale of carpets and rugs, as well as fabric treatments. As of January 1, 2030 products containing PFAS will not be available for sale in Maine.
New Hampshire bans the use of PFAS in food packaging. More restrictions are being considered for fire fighting foams.
Canada
Canada classifies PFAS as toxic under the Canadian Environmental Protection Act Section 71 of the Canadian Environmental Protection Act (CEPA.) This act authorizes the Environment and Climate Change Canada (ECCC) to collect compliance data from manufacturers and importers including toxicological tests wherever applicable.
Europe
PFAS are restricted through multiple chemical management regulations such as : REACH, POP, CLP, and MDR.
The REACH regulation includes three groups of PFAS: HFPO-DA, PFBS, and PFHpA.
The CLP regulation includes the groups: PFOA, PFNA, PFDS
The POP regulation includes the group: PFOA, PFHxS and its salts, and related compounds (part of the Stockholm Convention as of June 2022)
Australia
PFOS and specified PFOS are controlled under the Rotterdam Convention, the Stockholm Convention, and OECD Chemicals Committee for guidance on the management of PFAS.
Asia
China and Japan are considering the restrictions and use of PFAS in food and packaging applications.
With the above restrictions in place, it is important that all the concerned industries know their obligation, identify risks, and chart out a comprehensive course of action. This will enable companies to better market their products in multiple geographies while avoiding the risks and penalties associated with PFAS restrictions around the globe.
For a quick 15 minute discussion on the risks of PFAS, schedule a call with one of our compliance experts today. https://www.bluecircleadvisors.com/contact
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