Restricting the use of PFAS is recognized as a global priority due to their toxicity to humans, animals, and the environment. As a result, various laws and regulations have recently been implemented or proposed to restrict PFAS use and reduce exposure. In the United States (U.S.) and the European Union (EU) specifically, there are several PFAS regulations that companies must be prepared for to remain compliant in 2024 and beyond.
PFAS: Forever Chemicals
PFAS refers to a large group of chemicals used in consumer, commercial, and industrial products that repel water, grease, and dirt. PFAS compounds break down exceptionally slowly, which means they are prone to accumulate in people, animals, and the environment over time, including in food, drinking water, soil, and the air. Because of this trait, PFAS substances are often referred to as “forever chemicals.”
Unfortunately, PFAS exposure poses significant risks to human health and the environment, and due to their widespread use, most people have been exposed to PFAS during their lifetimes. In response, the use of PFAS in products continues to come under scrutiny, resulting in more restrictions worldwide each year. Here’s what to expect in the U.S. and EU PFAS regulatory landscapes for 2024:
U.S. EPA PFAS Regulations
The U.S. Environmental Protection Agency (EPA) has taken key actions at the federal level to address PFAS contamination since 2021. In 2024, companies must be aware of a few new PFAS reporting requirements.
Significant New Use Rule for Inactive PFAS
On January 8, the EPA finalized a significant new use rule (SNUR) that prevents the manufacturing or processing of inactive PFAS without an EPA review and risk determination. An “inactive” designation means that a chemical substance has not been manufactured (including imported) or processed in the United States since June 21, 2006. This SNUR is a key action under the PFAS Strategic Roadmap and applies to all PFAS that are designated as “inactive” on the TSCA Inventory and are not already subject to a SNUR.
The EPA has aligned the rule with reporting requirements for the Active-Inactive rule. If a company wants to use any of the 329 PFAS, they are required to notify the EPA first. Upon notification, the agency will conduct a robust review of health and safety information under the 2016 law to determine if the new use may present an unreasonable risk to human health or the environment and establish any necessary restrictions before the use can restart. Any new uses of PFAS are evaluated under the framework that was announced in June 2023.
New EPA TRI Reporting Requirements for PFAS
In late 2023, the EPA finalized a rule aimed at improving PFAS reporting to the Toxics Release Inventory (TRI) for the 2024 reporting year. The rule designates PFAS as “chemicals of special concern” and eliminates the de minimis exemption, which previously allowed facilities to avoid reporting information on PFAS used in small concentrations. Instead, it requires facilities to report on PFAS regardless of their concentration in mixtures. Additionally, the Form A Certification and range reporting are no longer available for TRI reporting of PFAS.
In January 2024, seven PFAS were automatically added to the TRI-listed chemicals, bringing the total number of reportable PFAS to 196 for the 2024 reporting year. Reporting forms are due by July 1, 2025.
PFAS Reporting Under TSCA Section 8(a)(7)
The EPA finalized Section 8(a)(7) of the Toxic Substances Control Act (TSCA) on September 28, 2023, which means manufacturers and importers must be prepared to report on their use of PFAS since 2011 beginning in 2025. PFAS included on the CompTox list and CDX 8(a)(7) list are subject to the rule. Companies must report how PFAS was used in the product, production volumes, disposal, exposures, and hazards, among other information.
The EPA Central Data Exchange (CDX) portal opens for reporting on November 12, 2024, and companies must submit data by May 8, 2025. Small manufacturers have been granted an extended deadline and are not required to report until November 10, 2025. Read our FAQ blog about the new PFAS reporting rule under TSCA for more information.
U.S. State-level PFAS Regulations
PFAS regulations continue to expand across the U.S., and several new state-level PFAS regulations are already in effect as of January 1, 2024, or will go into effect sometime in 2024. Check out our overview of U.S. PFAS regulations by state to learn more.
During 2024, manufacturers must also prepare for two new PFAS laws in Maine and California that will go into effect on January 1, 2025.
Maine's LD 1503 PFAS Law
Maine manufacturers must be prepared to report on their use of PFAS in products beginning January 1, 2025, under An Act to Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution (LD 1503). The law, which went into effect on January 1, 2023, already prohibits the sale of carpets, rugs, and fabric treatments containing potentially added PFAS. The next provision of the law requires manufacturers, including importers and distributors, to report on the use and amount of intentionally added PFAS in all their products sold in the state beginning in 2025.
This reporting requirement applies to all manufacturers unless specific exclusions are granted. Maine’s Department of Environmental Protection (DEP) is currently developing a database to collect PFAS reports, but reporting is required regardless. Read our blog covering the law’s reporting requirements to learn more.
California's AB-1817 PFAS Bill
California textile manufacturers must be prepared to remove regulated PFAS from textile articles by January 1, 2025, under AB-1817. The bill requires manufacturers to utilize the least toxic alternative available and to provide a certificate of compliance to sellers or distributors of their textile articles. AB-1817 already prohibits the distribution, selling, or offering for sale of any food packaging or juvenile products containing regulated PFAS.
EU PFAS Regulations
Denmark’s PFAS Ban in Firefighting Foams
As of January 1, 2024, Denmark is regulating the import, sale, and use of PFAS in firefighting foams. The presence of PFAS must be less than or equal to 1 mg/kg in firefighting foam concentrates for use at a fire training ground.
ECHA PFAS Ban Proposal
In January 2023, five EU Member States (Denmark, Germany, the Netherlands, Norway, and Sweden) submitted a proposal to the European Chemicals Agency (ECHA) to ban PFAS. The proposal covers 10,000 PFAS and would prohibit the manufacture, marketing, and use of PFAS above set limits.
The proposal is currently being reviewed by the ECHA’s scientific committees. Once the committees adopt their opinions, they will be sent to the European Commission (EC). The EC is expected to formally present the proposal to Member States in 2025. If passed, the proposal would be one of the largest chemical substance bans ever in Europe.
Meet PFAS Reporting Requirements with Source Intelligence
PFAS compliance isn’t simple. Managing supplier engagement, data validation, and reporting requirements requires a team with dedicated resources and a depth of industry knowledge. Furthermore, the global PFAS regulatory landscape is rapidly evolving, and each regulation references different PFAS lists, which adds to the challenges of compliance. Companies lacking the internal resources to manage it all are exposed to uncertainty and risk within their supply chain.
Source Intelligence offers the most comprehensive PFAS solution on the market, covering more than 12,000 EPA PFAS chemicals and 4,700 Organization for Economic Co-operation and Development (OECD) PFAS chemicals. Our technology empowers you to mitigate business risks by effortlessly gathering supplier FMD data, automatically detecting PFAS in chemicals, parts, and products, and generating compliance documentation to fulfill your regulatory obligations. Our PFAS technology is also backed by our in-house PFAS experts who collaborate closely with regulatory bodies to ensure seamless adaptation to future changes.
