PFAS Press
Keeping you informed on the latest federal and state regulations on PFAS chemicals.
Filter by Category
Search Results
PFAS Press
Yesterday, New Mexico Governor Michelle Lujan Grisham signed the first state ban on products with intentionally added PFAS to exempt fluoropolymers. The
Per- and Poly-Fluoroalkyl Substances (PFAS) Protection Act (HB 212) bans certain categories of products that contain intentionally added PFAS, including
cookware and food packaging (beginning in 2027), cosmetics (2028) and all other products (2032). Importantly, the law exempts “fluoropolymers consisting
of polymeric substances for which the backbone of the polymer is either a per- or polyfluorinated carbon-only backbone or a perfluorinated polyether
backbone that is a solid at standard temperature and pressure.” In doing so, it protects critical uses of fluoropolymers for which there is no substitute,
including electric vehicles and batteries, among many others. Note that the final version of the bill omitted an exemption for manufacturers with stewardship
programs, a similarly first-in-kind provision that would have allowed sale of otherwise banned products where the manufacturer participated in a statewide ...
Per- and Poly-Fluoroalkyl Substances (PFAS) Protection Act (HB 212) bans certain categories of products that contain intentionally added PFAS, including
cookware and food packaging (beginning in 2027), cosmetics (2028) and all other products (2032). Importantly, the law exempts “fluoropolymers consisting
of polymeric substances for which the backbone of the polymer is either a per- or polyfluorinated carbon-only backbone or a perfluorinated polyether
backbone that is a solid at standard temperature and pressure.” In doing so, it protects critical uses of fluoropolymers for which there is no substitute,
including electric vehicles and batteries, among many others. Note that the final version of the bill omitted an exemption for manufacturers with stewardship
programs, a similarly first-in-kind provision that would have allowed sale of otherwise banned products where the manufacturer participated in a statewide ...
PFAS Press
In many ways, Maine and Minnesota had the first words on the regulation of PFAS in the U.S. Their broad definitions of the chemicals set the stage for similar
regulation across the continent. So when legislators in both states nearly simultaneously propose to shrink those definitions, it bears watching.
regulation across the continent. So when legislators in both states nearly simultaneously propose to shrink those definitions, it bears watching.
PFAS Press
On January 29, 2025, New Mexico threw its hat more fully into the per- and polyfluoroalkyl substances (PFAS) legislation ring with the introduction of a bill that
adopts a broad “phase-out” ban to PFAS-containing products. HB 212, now before the House Judiciary Committee, would require manufacturers to remove
PFAS from their products over time or cease the sale thereof. A ban on cookware, food packaging, dental floss and juvenile products containing intentionally
added PFAS would kick in on January 1, 2027, while a ban on carpets and rugs, cleaning products, cosmetics, fabric treatments, feminine hygiene products,
textiles, textile furnishings, ski wax and upholstered furniture will start January 1, 2028. The bill would prohibit the sale of all remaining consumer products
containing intentionally added PFAS beginning January 1, 2029, unless the use of PFAS constituted a “currently unavoidable use,” a concept we have seen
employed elsewhere. What we have not seen employed elsewhere is the New Mexico bill’s “PFAS Stewardship Program,” which (once established) would all...
adopts a broad “phase-out” ban to PFAS-containing products. HB 212, now before the House Judiciary Committee, would require manufacturers to remove
PFAS from their products over time or cease the sale thereof. A ban on cookware, food packaging, dental floss and juvenile products containing intentionally
added PFAS would kick in on January 1, 2027, while a ban on carpets and rugs, cleaning products, cosmetics, fabric treatments, feminine hygiene products,
textiles, textile furnishings, ski wax and upholstered furniture will start January 1, 2028. The bill would prohibit the sale of all remaining consumer products
containing intentionally added PFAS beginning January 1, 2029, unless the use of PFAS constituted a “currently unavoidable use,” a concept we have seen
employed elsewhere. What we have not seen employed elsewhere is the New Mexico bill’s “PFAS Stewardship Program,” which (once established) would all...
PFAS Press
On February 3-5, the PLASTICS’ Fluoropolymers Conference gathered several professionals involved with fluoropolymers to discuss the latest challenges,
opportunities and technological shifts that are defining the fluoropolymer industry.
opportunities and technological shifts that are defining the fluoropolymer industry.
PFAS Press
As we turn to 2025 and a new administration, there are a few areas of PFAS law worth watching in the short term, including the regulation of the chemicals in
water and their treatment under the Comprehensive Environmental Response, Compensation, and Liability Act.
water and their treatment under the Comprehensive Environmental Response, Compensation, and Liability Act.
PFAS Press
While the results of consumer products litigation surrounding PFAS have been uneven (see prior blog posts), a new type of claimant may be emerging based
on a recent claim filed by a Georgia-based carpet manufacturer against three major upstream PFAS manufacturers. The complaint alleges that the PFAS
manufacturers concealed potential human health and environmental impacts of PFAS that were known to them, failed to inform the carpet manufacturers
that their fluoropolymer products could degrade to other PFAS and did not advise that disposal of PFAS-containing wastewater required the use of specialized
PFAS removal technologies. The lawsuit seeks costs for property damage and to recoup potential PFAS removal and remediation costs incurred as a result of
PFAS contamination lawsuits against the carpet manufacturer, as well as over $100 million in past costs.
on a recent claim filed by a Georgia-based carpet manufacturer against three major upstream PFAS manufacturers. The complaint alleges that the PFAS
manufacturers concealed potential human health and environmental impacts of PFAS that were known to them, failed to inform the carpet manufacturers
that their fluoropolymer products could degrade to other PFAS and did not advise that disposal of PFAS-containing wastewater required the use of specialized
PFAS removal technologies. The lawsuit seeks costs for property damage and to recoup potential PFAS removal and remediation costs incurred as a result of
PFAS contamination lawsuits against the carpet manufacturer, as well as over $100 million in past costs.
PFAS Press
Our series on the impact of the election on per- and polyfluoroalkyl substances (PFAS) policy takes us to the Senate, where Senator Shelley Moore Capito
(R-WV) indicated in a hearing that the Senate Committee on Environment and Public Works (which she will chair) will continue to pursue PFAS.
(R-WV) indicated in a hearing that the Senate Committee on Environment and Public Works (which she will chair) will continue to pursue PFAS.
PFAS Press
Much will be written about the impact of the election on per- and polyfluoroalkyl substances (PFAS) policy over the coming months (or even years), and we
imagine many of our updates over that time will analyze this, as well. These impacts may present in the form of continued budgetary and technical
challenges for the Environmental Protection Agency (EPA) such as those that led to a delay in implementation of the PFAS Reporting Rule under the Toxic
Substances Control Act (TSCA). That said, given that PFAS is largely seen as a bipartisan issue (as evinced by the first Trump administration’s introduction of a
PFAS Action Plan in 2019), we do not expect wholesale changes to existing PFAS rules, though the second Trump administration may ease regulatory
thresholds and reporting deadlines relating to PFAS. As a consequence of federal developments, we expect state activity to remain steady, if not increase, in
response to concerns that federal implementation may lessen. Unfortunately, this may mean the patchwork of state regulations and laws around PFAS may...
imagine many of our updates over that time will analyze this, as well. These impacts may present in the form of continued budgetary and technical
challenges for the Environmental Protection Agency (EPA) such as those that led to a delay in implementation of the PFAS Reporting Rule under the Toxic
Substances Control Act (TSCA). That said, given that PFAS is largely seen as a bipartisan issue (as evinced by the first Trump administration’s introduction of a
PFAS Action Plan in 2019), we do not expect wholesale changes to existing PFAS rules, though the second Trump administration may ease regulatory
thresholds and reporting deadlines relating to PFAS. As a consequence of federal developments, we expect state activity to remain steady, if not increase, in
response to concerns that federal implementation may lessen. Unfortunately, this may mean the patchwork of state regulations and laws around PFAS may...
PFAS Press
On May 8, 2024, the U.S. Environmental Protection Agency (EPA) published its final rule designating perfluorooctanoic acid (PFOA) and
perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).