PFAS, also known as “forever chemicals,” pose compliance challenges due to their lasting presence and broad usage. Their resistance to degradation and unique chemical properties, such as resistance to heat and water, pose significant challenges to regulation. Efforts to monitor and mitigate PFAS contamination have intensified globally, driven by increasing awareness of their health and environmental impacts. This has made PFAS management a key focus for compliance strategies across industries.  

PFAS Regulations in the U.S.  

Here’s what you need to know about PFAS regulations in the United States:  

1. EPA Proposals Under the Resource Conservation and Recovery Act (RCRA):  

• The U.S. Environmental Protection Agency (EPA) proposes two RCRA regulations to address PFAS pollution. These proposals aim to protect communities from PFAS and other emerging chemicals of concern.  
• The regulations include:   

• Federal Limits on Hazardous PFAS in Drinking Water: EPA proposes enforceable limits (MCLs) for six PFAS in drinking water under the National Primary Drinking Water Regulation (NPDWR). This includes PFOA, PFOS limits, and a combined limit for PFHxS, PFNA, PFBS, and HFPO-DA (GenX Chemicals).  
• Controls on Industrial Discharges: EPA will regulate industrial discharges of PFAS-containing wastewater into rivers and lakes.  
• Deeming PFOA (Perfluorooctanoic Acid) and PFOS (Perfluorooctyl Sulfonate) as hazardous substances.  

2. Current Non-Enforceable Health Advisory Limit:  

• Since 2016, the EPA has advised a non-enforceable limit of 70 ppt for PFAS in drinking water. Scientists, several states, and other federal agencies find the current level insufficient to protect people’s health.  

3. Ongoing Efforts:  

• EPA is actively researching and addressing PFAS contamination. The agency is committed to reducing exposure and protecting public health.  
• States also regulate PFAS in their jurisdiction.  
• Remember that PFAS exposure can occur through contaminated drinking water, food, and consumer products. It’s essential to stay informed about local water quality and any potential risks associated with PFAS exposure.  

4. PFAS Reporting Rule under TSCA:  

• On October 11, 2023, EPA published the final PFAS reporting rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA).  
• This rule introduces federal PFAS reporting requirements for businesses that manufacture or import PFAS since January 1, 2011.  
• It includes the importation of PFAS already incorporated into articles (e.g., surface coatings or electrical equipment).  
• Small importers or businesses don’t get any exemptions for importing small amounts.  
• Streamlined reporting requirements apply to businesses that only import PFAS in articles or manufacture less than 10 kilograms for research purposes.  

Compliance Challenges: PFAS Regulations  

Not complying with PFAS regulations can significantly affect businesses and the environment. Here are some of the risks associated with non-compliance:  

1. Legal and Regulatory Penalties:  

• Non-compliance with PFAS regulations may lead to fines, penalties, and legal actions by agencies like the EPA. 
• Violations may lead to civil or criminal charges, impacting a company’s reputation and financial stability.  

2. Supply Chain Disruptions:  

• Non-compliance can disrupt the supply chain, affecting the production and distribution of goods.  
• Manufacturers may face challenges in sourcing raw materials or components due to restrictions on PFAS-containing products.  

3. Product Design Challenges:  

• Companies that use PFAS in their products may need to reformulate or redesign to eliminate or reduce PFAS content.  

• This can be costly and time-consuming.  

4. Market Access Loss:  

• Non-compliance with PFAS regulations may lead to restricted market access.  
• Some countries or regions have stringent PFAS restrictions and products containing PFAS may be banned or face limitations.  

5. Brand Damage:  

• Public awareness of PFAS contamination is increasing.  
• Non-compliance can damage a company’s reputation and consumer trust.  
• Negative publicity may impact sales and brand loyalty.  

6. Health and Environmental Risks:  

• PFAS exposure is linked to health effects: increased cholesterol, reduced birth weight, kidney/testicular cancer risk, liver enzyme changes. 
• Non-compliance may contribute to environmental contamination and harm ecosystems.

7. Data Collection and Reporting Burden:  

• Compliance requires accurate data collection and reporting.  
• Businesses must track PFAS usage, concentrations, and other relevant information.  
• Non-compliance can lead to administrative burdens and inefficiencies.  

The Threat of PFAS in Your Supply Chain 

From unplanned product redesigns to increased scarcity of PFAS-free alternatives, the risks are manifold. Add to that the potential for lower profits as customers shift preferences and the specter of insurers and investors divesting due to liability concerns, and it’s clear: PFAS is a serious issue. To navigate this landscape, businesses must prioritize solutions that ensure compliance with existing PFAS requirements. Proactive measures not only mitigate risk but also demonstrate a commitment to environmental stewardship, safeguarding reputation and bottom line. 

How Rhythm can help  

Rhythm Innovations offers proactive solutions to address PFAS regulations. Our comprehensive approach ensures compliance, mitigates risks, and streamlines reporting. Whether you’re tracking PFAS usage or redesigning products, we’ve got you covered. Let us guide you through the complexities of PFAS compliance, safeguarding your business and reputation. Reach out for personalized guidance and custom demos today.