Monthly Updates: North America

White House Releases New Research Strategy to Protect Communities from PFAS

Brief description: The White House Office of Science and Technology Policy (OSTP) released a strategy to guide federal research and development on PFAS for the next five years. This strategy will look into data gaps identified in the past year's report from the PFAS strategy team and will also reduce and prevent PFAS contamination and its health impacts; communicate PFAS research effectively to impacted communities; identify technologies that can help remediate PFAS pollution; and generating actionable information, including about PFAS alternatives that federal agencies, manufacturers, and consumers can rely on to make informed decisions.

Significance of this update: Any decision could emerge after the strategy has been carried out.

PFAS restrictions in oil and gas operations are being considered in New Mexico

Brief description: An environmental group has written a petition to the New Mexico Oil Conservation Commission to block the use of PFAS in oil and gas drilling, development and production. The Commission has decided to hold a public hearing on 12 November to decide on the petition.

Significance of this update: The decision on the petition could result in several obligations for companies

US EPA to push PFAS reporting to July

Brief description: US EPA has announced plans to postpone its TSCA PFAS reporting requirements by eight months to tackle the resource constraints. The report submission will be from 11 July 2025 to 11 January 2026 instead of the earlier planned November 2024 to May 2025.

Significance of this update: PFAS Reporting requirement will run from 11 July 2025 to 11 January 2026.

New Jersey introduces bill to ban PFAS in menstrual products 

Brief description: A bill has been introduced to the New Jersey Legislature and has been referred to the Assembly Consumer Affairs Committee which would ban the sale, offer for sale, or distribution of menstrual products containing PFAS. The bill was introduced to the Legislature on 19 September 2024.

Significance of this update: If passed into law, the bill would see restriction of PFAS in menstrual products.

Bill introduced into US Congress prohibiting the sale of food packaging containing intentionally added PFAS

Brief description: House Bill 9864 has been introduced to the US House of Representatives amending the Federal Food, Drug, and Cosmetic Act to prohibit the introduction or delivery for introduction into interstate commerce of food packaging containing intentionally added PFAS. The bill was introduced to the House on 27 September 2024.

Significance of this update: If passed into law, the bill would severely impact the use of PFAS in food contact materials.

EPA seeks public comment on the regulation of certain PFAS during the fluorination of plastic containers

Brief description: The US EPA is requesting comments on the manufacture of certain PFAS, including PFOA, PFNA, and PFDA, formed during the fluorination of plastic containers. This request follows a petition granted by the EPA to address the risks associated with these substances. The focus is on the manufacture of PFAS during the fluorination of high-density polyethylene (HDPE) and other plastic containers and it aims to mitigate the health and environmental risks posed by these substances and inform EPA decision-making. Information on the number, location, and uses of fluorinated containers, alternatives to the fluorination process, and measures to address risks from PFAS are needed by EPA until 29 October 2024.

Significance of this update: EPA makes final decision after the comment submission deadline.

EPA proposes to add PFAS to the Toxics Release Inventory

Brief description: The US EPA has published a proposal concerning adding 16 individually listed PFAS and 15 PFAS categories to the Toxic Release Inventory (TRI). The proposal will add 16 PFAS and 15 PFAS categories representing over 100 individual PFAS to the TRI; this would also designate them as chemicals of special concern so they must meet more robust reporting requirements. The proposal of these PFAS is based on their toxicity to human and environmental health. EPA is also proposing to set a reporting threshold to 100 pounds for manufacture, processing and other uses. Comments are ongoing until 9 December 2024.

Significance of this update: EPA will clarify how PFAS are automatically added to the TRI under the NDAA.

EPA Issues Test Order for PFAS Used in Manufacturing Under National Testing Strategy

Brief description: On 9 October 2024, the U.S. EPA issued the fifth TSCA Test Order for PFAS. This Order requires the testing of PFAS under EPA's National PFAS Strategy. It orders Innovative Chemicals Technologies, the Chemours Company, Daikin America, Inc., Sumitomo Corporation of Americas, and E.I. Du Pont de Nemours and Company to conduct and submit testing on 3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl prop-2-enoate, also known as 6:2 fluorotelomer acrylate or 6:2 FTAc.

Significance of this update: The test must be carried out by these companies and results are required to be submitted to EPA within one year of the effective date of the order.

United States set to phasedown Hydrofluorocarbons

Brief description: The Environmental Protection Agency (EPA) is issuing regulations to implement certain provisions of the American Innovation and Manufacturing Act of 2020. The rule provides for an emissions reduction and reclamation program for the management of hydrofluorocarbons that includes requirements for leak repair and installation of and use of automatic leak detection systems for certain equipment using refrigerants containing hydrofluorocarbons.

Significance of this update: Effective from 10 December 2024, handling of hydrofluorocarbons such as initial installation, servicing, and repair of fire suppression equipment will be done with recycled hydrofluorocarbons and more will apply.