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PFAS use in the US can no longer be ignored: Why foam and adhesive manufacturers must look forwards
Per- and polyfluoroalkyl substances (PFAS) are a group of approximately 15,000 long-lasting chemicals. The scientific community deems some of them as posing certain, and in specific cases, substantial risks to both human health and the environment. Some of their components can take up to a millennium to degrade, hence the name “forever chemicals”. Their degradation in the environment is a slow process because PFAS molecules are characterized by a chain of linked carbon and fluorine atoms, a very strong bond.
Due to the diverse range of chemicals within the PFAS group, scientists and experts face considerable challenges in accurately assessing their potential hazards. Accumulating in humans and animals, some of these chemicals have been linked to cancer, suppression of the immune system, increased cholesterol levels, pregnancy-induced hypertension, liver damage, reduced fertility, thyroid diseases, and the generation of negative health effects on pregnant people and developing babies.
The primary routes of human exposure to these substances include contaminated water and food, but people can also be exposed to PFAS by using certain products and breathing polluted air. PFAS find applications across various industries, including aerospace, automotive, construction, electronics, chemicals, cosmetics, paper, and textiles. This group of synthetic chemicals has been in use since the 1940s.
In 2023, scientists of the government agency US Geological Survey estimated the probability of this group of chemicals not being observed in tap water was about 25% in urban areas and 75% in rural ones. Reuters reported that lawsuits accusing major chemical companies of polluting US drinking water with forever chemicals led to over $11 billion in settlements in 2023. According to a study led by the Environmental Working Group and released in 2020, over 200 million Americans could have PFAS in their drinking water at a concentration of 1 part per trillion, or ppt, or higher. Even more shockingly, the Centers for Disease and Control Prevention reported that an estimated 97% of Americans have some level of PFAS in their blood.
Europe vs United States
In 2024, legislation reviewing the usage of PFAS will persist as a noteworthy concern for the chemical, foam, and adhesive industries. The United States is trailing behind Europe in the implementation of laws to prohibit these substances. Sweden, the Netherlands, Germany, and Denmark are planning to phase out almost all uses of PFAS by 2030. In February 2023, the European Commission proposed that all forever chemicals but the most vital ones in everyday consumer products should be banned, however, recent leaked documents have revealed that the governing body may abandon this promise.
A closer look into PFAS developments in the United States
Meanwhile, in the US, the discourse concerning the utilization of PFAS is gaining momentum. In May 2023, Minnesota signed the bill HF 2310 into law. It’s the first-ever ban in the country on PFAS in cookware, dental floss, and menstrual products. The new legislation also bans specific uses in other products between 2024 and 2025. Among them are firefighting foam, food packaging, cosmetics, textiles, carpets, fabric treatments, upholstered furniture, children’s products, and ski wax. In addition, the law prohibits all uses of PFAS in products except for essential public applications by 2032. Minnesota’s law also requires manufacturers to disclose which products contain intentionally added PFAS to the Minnesota Pollution Control Agency before January 1, 2026. After this deadline, the sale, offer for sale, and distribution of any products that have not been notified is prohibited.
The state’s action follows similar moves by Colorado, California, Maine and Washington. Safer States, a national alliance of environmental health organizations and coalitions, claims that 27 states have introduced 193 policies to protect people from toxic chemicals and that 138 state policies have been adopted in 28 states.
Sarah Doll, national director of Safer States, said:
“Minnesota is at the forefront of addressing the PFAS and toxic chemical crisis. This law shows that states are a key part of ensuring that communities are safe from PFAS. Consumers have a right to know what is in their products and this legislation, which builds on Maine’s PFAS disclosure law passed in 2021, will allow the public to know where PFAS is used and have information to avoid it”.
On a national level, the Biden administration has demonstrated its commitment to reviewing the use of PFAS and safeguarding the health of American communities. In March 2023, it proposed the creation of a new National Primary Drinking Water Regulation (NPDWR) for six types of PFAS. The US government has also included $10 billion in grants into the Bipartisan Infrastructure Deal to address emerging contaminants, including forever chemicals.
This year, the Biden administration finalized a rule to prevent the manufacturing or processing of 329 inactive PFAS from re-entering commerce. According to the U.S. Environmental Protection Agency (EPA), “In the past, these chemicals may have been used without review in many industries, including as binding agents, surfactants, in the production of sealants and gaskets, and may also have been released into the environment”.
EPA’s Assistant Administrator for the Office of Chemical Safety and Pollution Prevention, Michal Freedhoff, said:
“Under President Biden’s leadership, EPA has shut the door on the possibility of anyone restarting the use of over 300 PFAS without first ensuring a robust safety review to stop uses that could be harmful to our communities and our planet. For far too long, communities – particularly those with environmental justice concerns – have suffered the impacts of exposure to ‘forever chemicals.’ We’re continuing to use every tool at our disposal to better protect communities across the nation from these persistent and dangerous chemicals”.
The new rule aligns with EPA’s PFAS Strategic Roadmap which encompasses plans aimed at taking concrete actions and enacting policies to safeguard public health and the environment, and hold polluters accountable.
This year, EPA also added seven forever chemicals to the list of substances covered by the Toxics Release Inventory (TRI). According to Michael Freedhoff, Assistant Administrator for the Office of Chemical Safety and Pollution Prevention, this will allow the agency to “collect data on the release and management of almost 200 PFAS in communities across the country”.
In addition, among the significant milestones, it is noteworthy to mention last year’s setting of legal drinking water limits for six PFAS compounds by EPA. This was the first time in 26 years that the agency had set legal limits for a contaminant in drinking water.
New regulations being implemented: what has been the reaction of chemical companies, foam, and adhesive manufacturers?
In the US and Europe, several chemical companies, foam and adhesive manufacturers, along with end-users and component manufacturers, are contesting these proposed regulations that aim to ban forever chemicals. One contributing factor is the necessity of certain chemicals in specific applications, and the time needed to elaborate, study and test new formulations. According to industry experts, there are currently no viable substitutes available for some of these substances. Furthermore, the introduction of new regulations often triggers disruptions in company operations, necessitating significant investments to balance steady production with consistent properties and costs.
The issue of PFAS has become a hot potato. The question of whether additional states will enact regulations addressing PFAS this year remains uncertain, but it is evident that the dialogue on the use of these substances is now underway in the country. Moreover, public awareness has increased. Should foam and adhesive manufacturers trail behind this conversation, without expecting major developments in the next decade, their exit plan will grow increasingly burdensome and expensive, and that potato much hotter.
