New Year, New PFAS Compliance Deadlines: Key Dates in 2024

By Krystal Spickler, program manager, Supply Chain team, UL Solutions

Per- and polyfluoroalkyl substances (PFAS) are a group of man-made chemicals that are characterized by their carbon-fluorine bonds. They are durable and have a diverse array of uses across many consumer products. However, members of the PFAS group have demonstrated the ability to move large distances in the environment and once released, do not break down quickly. Many of the well-studied PFAS may be detrimental to human health, including neurotoxicity, immunotoxicity, and can negatively impact reproduction and development. Because of these properties, there has been an increase in regulatory action addressing their use in products and presence in the environment. UL has formerly published updates for some of these actions (including Additional U.S. States Ban PFAS-Containing Products and NEWMOA Publishes Draft of PFAS Model Legislation).

Several state laws regulating PFAS took effect this year. These include California AB 652 prohibiting sale of children’s products containing PFAS and Vermont S 20 which prohibits sale of ski wax, carpets and rugs, food packaging, and aftermarket fabric treatments containing PFAS (in addition to implementing reporting for use of several PFAS in children’s products). Connecticut’s SB 837 is effective Dec. 31, 2023, after which sale of food packaging containing PFAS is prohibited.

A flurry of regulatory action addressing PFAS over the last several years brings many compliance deadlines over the next year. The below is not intended to be exhaustive but details numerous U.S. state laws with effective dates in 2024. States with Jan 2025 deadlines were also included as reference, in the event tracking of commercial activities or supply chain evaluation may be needed in preparation. It’s also important to note covered materials or PFAS may be defined differently and laws may contain requirements other than the below, so the regulatory text should be consulted for further detail.

In addition to the above finalized legislation, there’s a handful of impactful regulatory updates expected next year. These include U.S. federal and state, as well as action in Canada and the European Union.

• The submission window for the Toxic Substances Control Act’s PFAS Recordkeeping and Reporting Rule opens on Nov. 12, 2024. This rule establishes a one-time reporting requirement for those that have manufactured or imported a chemical substance, mixture, or article containing PFAS since 2011.
• Under the U.S. EPA’s Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a draft rule has been proposed that would designate PFOA and PFOS as hazardous. This would establish liability for release and disposal of hazardous substances for generators and transporters of those substances. EPA updated the timeline for release of the final rule to February 2024.
• An additional cycle of Washington’s Safer Products program is on-going and addresses PFAS in consumer products (Cycle 1.5). The draft regulatory determinations were released in December by the Department of Ecology, with the final determinations published June 2024.
• In Canada, several updates are anticipated. These include release of a Section 71 notice under the Canadian Environmental Protection Act (CEPA) to collect information on the use of over 200 PFAS, release of the final State of PFAS report, and the final version of the Prohibition of Certain Toxic Substances (Summer 2024).
• Activities related to the EU’s proposal to universally restrict PFAS under REACH are on-going. Comments are being reviewed and ECHA’s Risk Assessment Committee (RAC) and Socio-Economic Analysis Committee (SEAC) will adopt their final opinions within 12 months of the initial consultation date.

Recommended action items

• Review your company’s products that are being sold in the above jurisdictions to confirm if they contain intentionally added PFAS.
• Seek substitute ingredient(s) if your product(s) contain PFAS substances that are prohibited or restricted and ensure compliance with requirements set by each regulation.
• Begin (or continue) collecting the relevant information for reporting if your business is identified as the reporting party under a relevant regulation.
• Continue to monitor regulatory changes under development.

References

Proposed Designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances | US EPA

Canada Gazette, Part 1, Volume 156, Number 20: Prohibition of Certain Toxic Substances Regulations, 2022

Canada draft state of per- and polyfluoroalkyl substances (PFAS) report

Per- and polyfluoroalkyl substances (PFAS) Landing Page - ECHA