Monthly Updates: North America
Canada publishes ‘State of PFAS’ report
Brief description: The Canadian government has published a report on the State of PFAS. The report provides an assessment of the sources, occurrence and impacts of PFAS on both the environment and human health in Canada, and it is intended to inform the Canadian Government’s decisions regarding the class of substances.
Significance of this update: The report provides a step towards a regulatory decision on some classes of PFAS under CEPA. Comments for the report must be provided by 7 May 2025.
EPA Reopens Comment Periods for PFAS Rules
Brief description: The US EPA announced the reopening of the public comment periods for the proposed rule concerning TRI and clarifies the inclusion of certain PFAS that are automatically added to the TRI list under the NDAA. This rule, published on 17 January 2025 (90 FR 5795), originally had a comment period closing on 18 February 2025. The comment was extended to 24 March 2025.
Significance of this update: The reopening confirms that the TRI supplier notification provision applies to these automatically added PFAS from 1 January of the applicable year.
Canada Tackles "Forever Chemicals
Brief description: The Canadian government published a report concluding that most PFAS, excluding fluoropolymers, are harmful to both human health and the environment, posing risks to various organs and systems in humans and causing toxicity and developmental issues in wildlife. To mitigate these risks, the Government of Canada is proposing to add this class of PFAS (excluding fluoropolymers) to Part 2 of Schedule 1 of the CEPA. This will involve a phased approach starting in 2025, with Phase 1 focusing on firefighting foams and Phase 2 targeting PFAS in products like cosmetics, food packaging, and textiles. Additionally, starting in 2025, manufacturing and other facilities will be required to report their PFAS use to the National Pollutant Release Inventory.
Significance of this update: By the end of 2025, a rule will be published to restrict the use of PFAS in most products and require industries to report how they use them. Comments on the proposed changes can be submitted until 7 May 2025.
Minnesota Recommends PFAS Exemptions & Extensions
Brief description: The Minnesota Pollution Control Agency (MPCA) released a report recommending exemptions and extensions for upcoming PFAS prohibitions. It suggests delaying the ban on intentionally added PFAS in internal components of certain products, like upholstered furniture, until 2032 due to technical challenges. For firefighting foam in airport hangars, the MPCA proposes a transition deadline of 1 January 2028, with a possible one-year extension. An enforcement moratorium is in place until 1 July 2025. The report is due to the legislature by 31 January 2025.
Significance of this update:
*Enforcement of the PFAS ban in products such as upholstered furniture is paused until 1 July 2025.
* The ban on PFAS in internal components of certain products is delayed until 2032, and the deadline for phasing out PFAS in firefighting foam at airport hangars is set for 1 January 2028.
New Mexico Proposes Wide-Ranging PFAS Product Bans
Brief description: New Mexico’s proposed PFAS Protection Act, known as HB 212, would ban the sale and use of many consumer products with intentionally added PFAS in phases, starting from 2027. From 2028, most PFAS-containing products will be banned unless labeled as “currently unavoidable” by the state.
Significance of this update:
* From 1 January 2025, New Mexico will ban the sale and distribution of certain products with intentionally added PFAS, including cookware, food packaging, dental floss, juvenile products, and firefighting foam.
* From 1 January 2028, the ban will expand to include carpets, cleaning products, cosmetics, textiles, ski wax, and upholstered furniture with intentionally added PFAS.
* Manufacturers must report PFAS content in their products, with the first reports due by 1 January 2027.
Vermont Draft Bill Targets PFAS in Consumer Products
Brief description: Vermont has published a draft bill to outline a comprehensive strategy to phase out intentionally added PFAS in a wide array of consumer products. It addresses PFAS contamination in artificial turf resulting from manufacturing processes and the use of fluorine-treated containers for specific product types. The bill is still in the Senate and has just undergone first reading.
Significance of this update: After passing the bill, several prohibitions will be effective starting from 1 January 2026.
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.
