In July this year, the U.S. House of Representatives approved a bill designating per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Under the PFAS Action Act the U.S. Environmental Protection Agency (EPA) will be required to add perfluorooctanoic acid (PFOA) and perfluoroactanesulfonic acid (PFOS) to the list of hazardous substances within one year, and to assess all other PFAS within five years. Additionally, if the bill were to become a law, it will also need to take necessary assessment and remediation obligations under CERCLA.

Internationally, the Stockholm Convention on Persistent Organic Pollutants (POPs) requires member countries to eliminate (with certain exceptions) the manufacture and use of PFOA and PFOS. The European Union (EU) has also taken various actions to restrict the manufacture and use of various PFAS—actions with regulatory influence that extends well beyond Europe. For instance, Denmark, Germany, the Netherlands, Norway, and Sweden expressed their intent to prepare a restriction proposal for the manufacture, placing on the market, and use of PFAS to the European Chemicals Agency (ECHA).

PFAS are a group of synthetic or man-made chemicals including PFOA, PFOS, polytetrafluoroethylene (PTFE), and polyvinylidene fluoride (PVDF) among others. They consist of a fully (per) or partly (poly) fluorinated carbon chain connected to different groups. These chemicals can be characterized by extremely low surface energy or surface tension and water and oil repellency. PFAS have been manufactured and used in a variety of industries and as U.S. EPA states, today they can be found in:

  • Food packaged in PFAS-containing materials, processed with equipment that used PFAS, or grown in PFAS-contaminated soil or water;
  • Commercial household products, including stain- and water-repellent fabrics, nonstick products (e.g., Teflon), polishes, waxes, paints, cleaning products, and fire-fighting foams (a major source of groundwater contamination);
  • Workplace, including production facilities or industries (e.g., chrome plating, electronics manufacturing, or oil recovery) that use PFAS;
  • Drinking water, typically localized and associated with a specific facility (e.g., manufacturer, landfill, wastewater treatment plant, firefighter training facility); and
  • Living organisms, including fish, animals, and humans, where PFAS could build up and persist over time.

PFAS are often called forever chemicals and most of the global population has been exposed to PFAS in some form or another. These chemicals can stay and accumulate in humans for a long period of time leading to adverse effects on health. Issues such as high cholesterol levels, low infant birth weight, weak immunity, cancer, or thyroid hormone disruption have been observed as a result of exposure to PFAS. As more and more countries and governments regulate the markets for fluorochemicals and fluoropolymers, companies are under significant pressure to follow them and monitor their PFAS manufacturing, distribution, and use.

PFAS are found in most of the household products we use today. Teflon, designed by DuPont and historically manufactured by 3M and 3M’s Scotchgard both used to have PFAS as the main ingredient and were banned in the United States. Even so, they are still permitted in and as imported goods. Six other companies will be subject to the PFOA phaseout include Arkema, Asahi, BASF, Clariant, Daikin, and Solvay. Federal and state governments are ramping up their efforts to set limits on PFAS content in products and companies will have to track these changes and adhere to developing restrictions as well as dedicate resources to replace these chemicals. The U.S. EPA still allows 40 PFAS chemicals, some of which have safety issues, and agencies may continue to fight against their use. ADI Chemical Market Resources (CMR) tracks the fluorochemicals market and recently helped a client map global plant capacity of fluorochemicals. Additionally, ADI CMR maintains a database of plants worldwide covering various chemicals including ammonia, nitric acid, soda ash, and glyoxylic acid. Contact us to learn more.

By Panuswee Dwivedi and Uday Turaga