Global PFAS Regulatory Changes

Since January 2024, there have been several significant developments in PFAS regulations worldwide, with actions taken at both the national and international levels to address the environmental and health risks posed by these chemicals.

In the United States, the Environmental Protection Agency (EPA) has been particularly active, focusing on enhancing the regulatory framework for PFAS. Notably, the EPA announced various initiatives, including the allocation of $2 billion from President Biden’s Bipartisan Infrastructure Law to address emerging contaminants such as PFAS in drinking water. This funding aims to support small, rural, and disadvantaged communities by promoting access to clean water.

The EPA also proposed a rule to prevent the manufacture, processing, or use of approximately 300 "inactive" PFAS without a complete review and risk determination by the agency. Furthermore, the EPA has taken steps to improve the reporting of PFAS data to the Toxics Release Inventory (TRI) by proposing to eliminate exemptions that allowed facilities to avoid reporting low concentrations of PFAS.

Internationally, the European Chemicals Agency (ECHA) continues its efforts to restrict PFAS usage. A notable step is the universal PFAS restriction proposal, aiming to significantly limit PFAS use across the EU. This proposal is part of broader efforts to mitigate PFAS's environmental and health impacts, with recent actions including the restriction of PFHxA in the EU and adding Perfluoroheptanoic acid (PFHpA) and its salts to the Candidate List of substances of very high concern.

In the legal and regulatory landscape, the reporting and recordkeeping requirements for PFAS have been enhanced. Covered entities must report extensive information on each manufactured or imported PFAS to the EPA, including chemical identifying information, categories of use, and information on environmental and health effects. The TRI final rule, effective from January 1, 2024, mandates the reporting of information for over 172 PFAS substances, emphasizing the need for precise reporting for PFAS without any exemptions for de minimis concentrations.

At the state level in the USA, many states are taking action to eliminate PFAS in various consumer products, with California, Colorado, and Maryland focusing on cosmetics; states like California, Colorado, and New York addressing food packaging; and textiles being targeted by California, Maine, and Vermont, among others.

Europe sees continued efforts in regulating PFAS, with Denmark and Belgium leading initiatives to prohibit certain PFAS-containing consumer products. The EU is also moving towards a comprehensive ban on PFAS in firefighting foams, aligning with actions in countries like New Zealand, which plans a complete ban on PFAS-containing firefighting foams after December 2025.

In summary, the recent developments in PFAS regulations indicate a growing global consensus on the need for stricter controls and more comprehensive reporting and monitoring of these persistent environmental pollutants. The efforts span from the United States, with significant regulatory updates from the EPA, to the European Union, with ECHA's actions, reflecting an intensified focus on safeguarding public health and the environment from the risks associated with PFAS.