Navigating PFAS Compliance for Manufacturers Across the United States

Navigating the PFAS (Per- and Polyfluoroalkyl Substances) regulations is a formidable challenge for manufacturers today. The constantly evolving landscape of state and federal mandates makes it imperative to have a solid understanding of the TSCA Section 8(a)(7) compliance requirements of applicable states in the United States to sketch a strategy for achieving compliance.

Understanding PFAS Regulations: Challenges for Manufacturers in a Complex Regulatory Landscape

Manufacturers find themselves in a precarious situation as they grapple with the complex web of state and federal regulations governing PFAS. The challenge stems from the sheer diversity of regulations across different states and the need to adhere to federal mandates simultaneously. This often results in manufacturers facing several issues:

• Prioritization Problem: Manufacturers must prioritize which states' regulations to focus on, given the multitude of requirements. This prioritization can inadvertently increase the risk of non-compliance in other states.

• Supplier Fatigue: To meet the varied compliance requirements, manufacturers end up inundating their suppliers with countless requests for information tailored to each state's regulations. This not only strains supplier relationships but also leads to low response rates.

The TSCA Inventory Approach: A Pragmatic Solution for US PFAS Regulations

To streamline compliance efforts and alleviate the burden on manufacturers, the Toxic Substances Control Act (TSCA) Inventory approach emerges as a strategic choice. This approach involves addressing data based on the PFAS listed on the TSCA Inventory, representing PFAS actively used in U.S. commerce. Any PFAS used in an individual state must also be listed by TSCA, making it a one-time data collection effort applicable to both federal and state requirements. This not only reduces supplier fatigue but also obviates the need for numerous lists and databases.

PFAS Regulations by State in the United States.

Once the PFAS status of products is established, manufacturers must formulate a compliance strategy tailored to the diverse regulations in each state where products are sold.

Let's explore some crucial state-level PFAS reporting considerations:

Maine PFAS Requirements

• Maine made history in 2021 by becoming the first state to ban non-essential PFAS use in all products, effective from 2030.

• Reporting Obligation: Maine enforces a reporting obligation for all products containing intentionally added PFAS chemicals sold within the state.

California PFAS Requirements

• California takes a multifaceted approach to addressing PFAS concerns, with regulations spanning apparel, cosmetics, cookware, and more.

• Several PFAS chemicals fall under the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) warning requirements.

Minnesota PFAS Requirements

• Following Maine's Lead Minnesota mirrors Maine's approach by implementing reporting obligations for products containing intentionally added PFAS chemicals.

• Broad Restrictions: The state restricts PFAS use in an array of products, including cosmetics, cleaning products, and juvenile products, among others.

Michigan PFAS Requirements

• Michigan restricts PFAS in food packaging and prohibits PFAS use in various types of fire-fighting foams.

• Funding for Cleanup: The state actively allocates funding for PFAS cleanup and remediation endeavors.

Vermont PFAS Requirements

• Reporting and Restrictions: Vermont mandates reporting of select PFAS chemicals present in children's products and restricts PFAS use in items like food packaging.

Washington PFAS Requirements

• Aggressive Reduction: Washington is taking proactive measures to reduce PFAS use in products such as cosmetics, packaging materials, and fire-fighting foams.

• Priority Chemical Class: PFAS is classified as a Priority Chemical Class under the "Safer Products for Washington" law, resulting in additional usage restrictions.

• Cleanup Funding: The state actively supports PFAS cleanup and remediation efforts with dedicated funding.

Colorado PFAS Requirements

• Colorado boasts an array of regulations, including product-level restrictions for children's products, carpets, paper-based food packaging, and personal care products.

• Specific rules ensure accurate labeling of "PFAS-free" cookware products to prevent consumer confusion.

Proactively Manage PFAS Compliance Reporting Risks

Managing PFAS compliance throughout the supply chain, sourcing alternatives, and ensuring accurate reporting can be a daunting endeavor. Fortunately, Acquis PFAS solution offers a streamlined and cost-effective approach for companies to uphold compliance. Here's what Acquis PFAS solution brings to the table:

• Comprehensive Record Keeping: The software maintains meticulous records of substances in parts and products, aligning with TSCA Section 8(a)(7) and state-level PFAS regulations.

• Effortless Supplier Communication: Users can seamlessly communicate with suppliers and filter data by parts, products, suppliers, or regulations within the Acquis Compliance Tool.

• Automation for Accuracy: The software automates declaration creation and cross-referenced validation, ensuring precision in reporting.

• Detailed Substance Reporting: Gain unparalleled visibility into supplier, product, and part-level details, with the ability to generate standard, comprehensive substance reports.

In conclusion, mastering PFAS compliance across diverse states necessitates a strategic approach. By adopting the TSCA Inventory approach and leveraging Acquis's PFAS solution, manufacturers can efficiently navigate these complexities, reduce compliance risks, and uphold the integrity of their supply chains. Stay informed, stay compliant, and succeed in the ever-evolving landscape of PFAS regulations.