This month’s PFAS News & Views will be heavily focused on legislative efforts happening at the state level. But before we get into those actions, we will kick things off with the latest updates to the TSCA (Toxic Control Substances Act) reporting rule.
EPA Dramatically Expands List of Known PFAS for TSCA Reporting
Last month, we reported that the EPA had issued a list of known PFAS compounds covered by the recently finalized TSCA reporting rules. That list, which included 1,224 compounds, was not considered exhaustive. (The EPA had initially estimated that 1,462 compounds would be covered.) In February, the EPA revised its list of PFAS for TSCA reporting. Blowing past the original estimates, this list now stands at 12,696 compounds. Despite the dramatic increase, the EPA still notes in the description that this is “not an exhaustive list.”
WI Senate Proposes Suspending Rulemaking Procedures for PFAS in Groundwater
SB 1022 was introduced into the Wisconsin State Senate on February 13, 2024. Current Wisconsin law requires agencies to suspend working on a permanent rule if it is determined that the proposed rule may result in more than $10,000,000 in implementation and compliance costs over any two-year period. If passed as introduced, SB 1022 would allow the Wisconsin Department of Natural Resources (DNR) to continue working on rulemaking for PFAS limits in groundwater even if the financial implications of the rule are estimated to exceed the two-year limit.
NC Proposes Laboratory Certification Program for PFAS
The North Carolina Department of Environmental Quality (DEQ) has proposed a rule change that would add PFAS to its laboratory certification program for wastewater and groundwater. As explained in the Regulatory Impact Analysis, this addition is driven by the need for NPDES (National Pollutant Discharge Elimination System) permittees to comply with requirements that PFAS monitoring data reported to the state be performed by a certified laboratory. Pace® maintains laboratory certifications and accreditations for potable and non-potable water in every state that offers them.
CO SB 24-081 Adds Additional PFAS Bans
The Colorado legislature is considering a bill that would strengthen the current law (HB22-1345) regarding intentionally added PFAS in consumer products. The new bill (SB24-081) would add several key provisions, such as:
Repealing the exemption from Class B fire-fighting foam rules for gasoline distribution facilities, refineries, and chemical plants, effective January 1, 2025.
Prohibiting the installation of artificial turf, effective July 1, 2024.
Prohibiting the sale or distribution of outdoor apparel for severe wet conditions that contains intentionally added PFAS unless the product is accompanied by a disclosure statement, effective January 1, 2025. This provision would automatically be repealed and replaced by a ban on PFAS in these products on January 1, 2028.
Banning the sale or distribution of cleaning products, cookware, dental floss, menstruation products, ski wax, and textile articles that contain intentionally added PFAS chemicals, effective January 1, 2025. On January 1, 2032, this provision would automatically be repealed and replaced by a ban on any nonexempted product that contains intentionally added PFAS chemicals.
CA Introduces Bill to Eliminate PFAS by 2030
California SB-903 was introduced on February 21. This bill prohibits the distribution, sale, or offer for sale of products containing intentionally added PFAS unless the Department of Toxic Substances Control determines that the use of PFAS in the product is currently unavoidable, the prohibition is preempted by federal law, or the product is “used.” At present, intentionally added is defined to include PFAS, such as manufacturing aids or fluorination, that enter the product whether it has a functional effect on the product or not. If passed, the ban would take effect on January 1, 2030.
NY Proposes Several Bills Banning PFAS in Consumer Products
A3556 would ban PFAS in several product categories, including textiles, rugs, fabric treatments, cookware, ski waxes, architectural paints, children’s products, cleaning products, and anti-fogging sprays & wipes, effective January 1, 2026. Interestingly, this bill follows the path set by California in banning both intentionally added PFAS as well as any PFAS above the “practical quantitation limit,” as measured in total organic fluorine.
A6969 would ban intentionally added PFAS in cosmetics and personal care products, effective June 1, 2024.
A5990 would ban PFAS in menstrual products. This bill does not contain the phrase “intentionally added,” although it is an amendment to the law already regulating restricted substances in these products. The ban would take effect 12 months after A5990 is passed.
A5363 would prohibit the sale and distribution of anti-fogging sprays and wipes containing PFAS, effective December 31, 2025.
NY Introduces PFAS Phase-Out Bill
As in many other states, the New York legislature also introduced a more comprehensive phase-out bill in addition to the above-mentioned bills banning PFAS in certain categories of consumer goods. Introduced on February 1, 2024, A9005 includes several milestones:
January 1, 2026 – Manufacturers would need to begin submitting information on manufactured products containing PFAS.
January 1, 2027 – A ban on intentionally added PFAS in carpets & rugs, cookware, cosmetics, fabric treatment, and personal care products would begin.
January 1, 2032 – A ban on all intentionally added PFAS where usage has not been demonstrated to be currently unavoidable would begin.
Will Textiles Be Next for ELGs?
Before we wrap things up, here’s one more action we’re watching at the federal level. As we’ve reported on many times, the EPA’s Effluent Guidelines Program Plan 15 called for more industry research to determine if effluent limitation guidelines (ELGs) are warranted for specific industries, textile mills along them.
In November of 2023, the EPA published a proposed Information Collection Request (ICR) in the Federal Register (88 Fed. Reg. 83125). The public comment period closed on January 24, 2024. Now, the EPA will review the comments, amend the ICR if necessary, and remit it to the OMB (Office of Management and Budget) for review. To be clear, the ICR is focused on data collection; it does not call for the setting of actual effluent limits. There are many steps to go before that happens. Nevertheless, it does move the ball down the field.
The View from the Lab
As new laws are proposed and the science of PFAS testing and analysis advances, laboratory professionals can sometimes see things that the reporters and the legal experts don’t. When PFAS News happens, you can continue to count on Pace® to provide our unique perspectives. To ensure you get Pace® PFAS News and Views delivered to your inbox, subscribe here. As always, don’t hesitate to reach out to us if we can answer any questions or provide more information on PFAS testing and analysis.