On October 20, 2023, the U.S. Environmental Protection Agency (EPA) finalized a rule under the Emergency Planning and Community Right to Know Act (EPCRA) regarding the reporting of per- and polyfluoroalkyl substances (PFAS) by commercial and industrial users.

This rule removes a 2020-era loophole that enabled companies to avoid reporting their production or use of small amounts of PFAS. This rule classifies PFAS as “chemicals of special concern,” thereby requiring industries to report to the Toxic Release Inventory (TRI) any amount of the 189 covered PFAS used. Previous legislation required reporting only if more than 100 pounds of PFAS were used.

The new rule will also require companies to back-file reports for the years 2011 to 2022. These reports will require:

• Company and plant details

• Information on specific chemicals

• What each PFAS is used for and its concentration range

• How many pounds of PFAS were manufactured

• The concentration and amounts of manufacture

• Details on byproducts

• Information on environmental and health hazards

• Data on worker exposure

• Data on the disposal of PFAS

Quick Primer on PFAS Compliance

What are PFAS?

PFAS, or per- and polyfluoroalkyl substances, are a group of man-made chemicals widely used for their water- and grease-resistant properties.

The first PFAS were created in the 1930s, and they were used heavily in World War II for military purposes. Post-war industrial booms saw them used to create items ranging from fire extinguishers to nonstick pans.

Starting in the early 2000s, PFAS began to be studied under a more critical lens, and legislation continuing to the present has focused on regulating their use and disposal.

Why are PFAS called “forever chemicals?”

PFAS are called “forever chemicals” due to several attributes:

• PFAS contain strong carbon-fluorine bonds that do not break down under usual environmental conditions, making them resistant to degradation.

• PFAS have long half-lives; it can take over 1000 years for certain PFAS to half their concentration in soil.

• PFAS spread easily due to their solubility in water, which allows them to contaminate both groundwater and surface-water systems.

• PFAS bioaccumulate, meaning that they build up in the bodies of living organisms.

What health risks do PFAS pose?

Risks associated with PFAS vary depending on the length and amount of exposure, which PFAS were involved, and an individual’s personal health. There is firm research to support that PFAS causes developmental delays in children and is associated with reproductive issues in adults. Scientific studies continue to explore the possibility of more health risks, but there have not yet been enough studies conducted to be certain of many apparently linked risks. Research is also being conducted on how PFAS may contribute to weight gain, and affect thyroid and liver function, immune function, and bone density.

What products have PFAS?

What can I do to limit my exposure to PFAS?

• Find your community’s drinking water Consumer Confidence Report (CCR) and check to see if they publish PFAS levels. Your municipality must publish a CCR annually; you can learn more at this EPA website.

  • There is currently no federal requirement for municipalities to test for PFAS, or to report the tested levels, but this is expected to change with proposed legislation.

  • If you drink bottled water, instead, check the published data from the company that produces it. Many bottled water companies use municipal sources to fill their bottles. 

• Avoid non-stick cookware.

  • Many non-stick coatings are made using PFAS and can transfer these chemicals into your air, water, and food when used.

• Consider your food packaging.

  • Fast food containers and microwavable meal cartons may contain PFAS. Microwavable popcorn bags in particular often feature PFAS.

• Follow local guidelines when fishing in areas with high PFAS contamination.

  • Due to bioaccumulation, some or even all fish may not be safe to eat.

• Check your stain-resistant household items.

  • Many carpets and upholstery fabrics are advertised as stain-resistant; this often means that they were manufactured with PFAS.

• Look up the PFAS policy of the clothing brands you wear.

  • Some brands pledge not to use PFAS in their manufacturing process.

• Investigate new household purchases to determine if they contain PFAS.

  • As with clothing, many brands are now making PFAS-free bedding and carpeting.

• Stay updated with the latest facts and information by following the EPA website dedicated to PFAS.

What is being done about PFAS contamination?

• U.S. EPA has formed the PFAS Strategic Roadmap, which outlines concrete goals to achieve by 2024. These goals include research, restriction, and remediation of PFAS.

• U.S. EPA has proposed a national drinking water MCL rule for certain PFAS in municipal drinking water. The rule is expected to be finalized by the end of 2023. 

• Some U.S. states have independently implemented maximum contaminant levels (MCLs) of PFAS in municipal drinking water. You may find a link to your state’s PFAS policy on EPA’s U.S. State Resources on PFAS.

• Similarly, some states have begun to ban PFAS or PFAS-containing items. For example, Washington State banned PFAS-containing firefighting foams in 2018, and in 2021, Maine banned the application of sewer sludge to fields specifically out of concern for PFAS accumulation in wastewater.

As the regulatory environment regarding PFAS continues to change, KERAMIDA is prepared to provide expert advice to our clients. As companies begin to prepare data for annual reporting requirements to be completed in 2024, it is important to remain cognizant of the changes to the chemicals to be reported. Please contact us or call (800) 508-8034 to speak with one of our PFAS compliance consultants today.

Author

Mack Overton
Senior Vice President, EHS Compliance Services
KERAMIDA Inc.

Contact Mack at moverton@keramida.com