How Manufacturers Can Stay Ahead Of The Changing Landscape Of PFAS Regulations – Waste Management

Perfluoroalkyl and polyfluoroalkyl substances
(PFAS), commonly known as “forever chemicals,” are a
varied group of thousands of manufactured chemicals and have been
used in industry and consumer products since the 1940s. In April
2024, the U.S. Environmental Protection Agency (EPA) updated its inventory list to reflect approximately 12,697
different types of substances that fall under the PFAS category. In
the first quarter of 2024 alone, the EPA finalized a rule that prevents companies from
starting or resuming the manufacturing or processing of various
PFAS that have not been used for many years without first
submitting to a complete EPA review and risk determination. The EPA
is also considering expanding the definition of
“hazardous waste” applied to cleanups at permitted
hazardous waste facilities. Finally, the EPA is expected to cut
PFAS from U.S. government custodial contracts. Manufacturers need to get
ahead of the more stringent regulatory oversight that is certain to
come.

Background

PFAS have unique molecular structures that make them highly
resistant to decomposition and cannot be broken down by water,
bacterial enzymes from, or other natural substances.

Due to their extreme durability and resistance to stain, water,
heat, and grease, PFAS have found a wide array of applications in manufacturing,
including:

• Metal finishing/chrome plating, including printed circuit board
  manufacturing;




• Fire extinguishing foam;




• Textiles/clothing, including jeans, rugs, and upholstery;




• Consumer products, including non-stick products, paints,
  sealants, and certain personal care products, such as dental floss,
  shampoos, and cosmetics; and




• Food packaging, including microwavable popcorn bags, pizza
  boxes, and candy wrappers.

PFAS’ durability, however, is a double-edged sword. Once
PFAS are released into the environment, they are there to stay.
Most people in the United States have been exposed to PFAS in some form. As researchers
and regulators became more aware of PFAS’ environmental impact
and the associated claimed adverse effects on human health, the
industry has seen a major surge in PFAS litigations and regulatory
flux at the federal and state level.

Practical Steps for Manufacturers

To ensure compliance with relevant regulations and lower the
risk of claims, manufacturers should:

• Consider conducting an internal audit to identify
  PFAS-containing products, as well as potential sources of
  contamination such as air, water, and waste contamination.
  




• Based on the audit’s outcome, assess potential exposure in
  every aspect of the manufacturing and supply chain.
  




• Consider conducting an environmental impact assessment.
  




• Consider the feasibility and method of PFAS removal to
  determine whether safer alternatives exist.
  




• Determine the scope of potential insurance coverage under
  existing insurance policies.
  




• Consult counsel to maintain compliance with regulatory bodies,
  better understand potential risk of claims, and craft disclosure
  statements for consumers, suppliers, and regulators.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.