Understanding PFAS Risk
As you evaluate your PFAS resilience or risk tolerance amidst all the regulatory changes that have been occurring in the marketplace, whether that be at the federal level, the state level, or the global level, consider looking at risk in three different categories: brand, products, and people / worker exposure.
- Brand: Transparent messaging about PFAS can build trust with clients, stakeholders, and the public. Stay informed on litigation and address legacy PFAS issues to mitigate risks.
- Product: Now is the time for companies to work with their suppliers to assess the PFAS content in their products and, where possible, eliminate non-essential PFAS. Stay compliant with the Toxic Substance Control Act (TSCA) and the Toxics Release Inventory (TRI) reporting requirements and keep teams updated on toxicology research.
- People / Worker Exposure: Protect workers by evaluating operational processes for PFAS. Transition to PFAS-free fire suppression foams and ensure compliance with regulatory standards like TSCA, TRI, and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
4 Key Actions to Take
There are several proactive steps that businesses can take to manage PFAS risks effectively. These steps can help you stay ahead of regulations and show responsible management to clients and stakeholders.
- Conduct a Thorough Desktop PFAS Screening: Use available digital tools to screen updated safety data sheets, identifying potential PFAS risks across all operations. A proactive screening process is often the first and most critical step in minimizing PFAS exposure.
- Collaborate with Supply Chain Vendors: Work with suppliers to find and implement PFAS alternatives. Vendors are quite savvy now, and they understand the need to move away from PFAS. They may have alternatives ready for you.
- Research and Development for Safer Alternatives: Look for substitutions in your own products lines. For example, explore fluorine-free options and ask your suppliers for alternatives. In some cases, conducting product testing to find suitable replacements is a good idea.
- Stay Informed and Ready for Regulatory Changes: Use innovative tools to monitor, track, and respond to regulatory changes effectively.
Recent PFAS Regulatory Updates
The regulatory landscape for PFAS is dynamic and varies widely, from local initiatives to international bans. Understanding these updates is crucial for staying compliant and managing risk effectively.
US Updates
First, there is the TRI Act Expansion. The EPA has proposed adding over 100 new PFAS chemicals to the list, with mandatory reporting for small emissions (100 lbs. a year). This expansion requires businesses to be vigilant in tracking and reporting PFAS emissions.
Second, the TSCA Deadline Extension. The reporting deadline has been delayed from May 2025 to January 2026 for most companies, with an additional six months added in for small businesses. This extension provides businesses with more time to comply with reporting requirements.
Third, the CERCLA Designation. As of this past summer, PFOA and PFOS are now designated as hazardous substances, requiring mandatory reporting for releases over one pound in 24 hours. This designation enables EPA to enforce cleanups at contaminated sites. But the regulations aren’t just in the US, they’re global, too.
Global Updates
In the EU, the EU REACH Proposal aims to restrict or ban about 10,000 PFAS compounds, with exceptions for critical uses such as medical devices where there isn’t a good PFAS substitution yet. Decisions are expected in 2025, with potential enforcement by 2026 or 2027.
Canada is largely aligning with international PFAS standards but has delayed the inclusion of fluoropolymers in its regulations, instead focusing on phasing out specific uses like firefighting foams. South America, led by Brazil, is beginning to adopt international standards, with a focus on water contamination and public health impacts.
Tools for Tracking PFAS Regulations
As you can see, regulations vary around the globe and even from state to state in the US, and these regulations change over time. That’s why it’s so important to monitor, track, and compare the regulations in each region of your operations to minimize the penalties and costly violations you could run into. But you don’t have to do this alone. There are tools that can help. For example, Antea Group’s Global PFAS Regulatory Dashboard can help you stay up to date on regulations in the US and globally.
PFAS Forensic Tools
Another significant question many businesses face is determining the source of PFAS contamination. PFAS is present throughout the natural and built environments, and identifying the origin can be critical for cost-effective remediation and risk management. The latest forensic tools use advanced techniques such as AI/machine learning and predictive modeling to identify PFAS sources with accuracy.
Some approaches include:
- Data Visualization: Techniques like radar plots help visualize PFAS data and identify patterns.
- Applied Statistics: Methods such as Principal Component Analysis (PCA) and cluster analysis identify patterns and outliers in PFAS data.
- Machine Learning: Algorithms trained on diverse data sets can accurately classify and identify PFAS sources, providing valuable insights for remediation efforts.
While PFAS forensics can be complex, it's important to note that advanced forensic methods for identifying the sources of PFAS contamination are continually improving, and we’ll likely hear more on this in the future.
Key Takeaways
First, with all the recent PFAS developments, now is the time to evaluate your PFAS risk. Don't wait. Second, a growing regulatory trend for PFAS is to ban PFAS as a class rather than as individual compounds like PFOA, PFOS or other PFAS constituents. That’s why it’s so important to stay informed about regulatory changes to ensure compliance and avoid penalties. Third, machine learning is a viable method for PFAS source identification and environmental samples, something we'll hear more and more about.
All in all, staying ahead of PFAS regulations and understanding your risk exposure is critical for navigating this complex landscape. By taking proactive measures, businesses can mitigate risks and ensure compliance in an ever-changing regulatory environment.
