PFAS regulations surge in North America: Key mid-year regulatory updates

In our latest Global Outlook webinar series, Enhesa Product Intelligence experts provide a mid-year review of regulatory developments in 2024 so far. In our regional deep dive into chemicals and chemical products for the Americas, North America Regulatory & Compliance Analyst Melanie Rybar explored the many changes affecting PFAS and what they mean for your business.  

Read on for key takeaways.  

Canada

PFAS reporting  

The original draft report on the state of PFAS in Canada was published in 2023, with an updated draft following in 2024. Regulatory authorities are currently uncertain when to expect a final report but anticipate this will come once the data from Canada’s mandatory data-call in has been collected.  

Canada has identified 312 types of PFAS to be reported on — those manufactured, imported, or used above certain thresholds during the 2023 calendar year. The current reporting deadline is January 2025. While suppliers outside of Canada aren’t required to report, they’re encouraged to remind their importers.  

One of the challenges of the report for those working in regulatory compliance is that it doesn’t align with the US PFAS report, which covers the years 2011 to 2022. The Canadian report only covers 2023.  

Due to this lack of overlap in reporting requirements, various industry sectors are already requesting extensions to the 2025 deadline. With many businesses already working on US PFAS reporting at the same time — and for many more types of PFAS than the 312 identified in Canada — the compliance burden for businesses in North America is high.

United States

PFAS at the federal level 

The first of two significant updates for PFAS at the US federal level is that, for the first time ever, the EPA has leveraged its authority under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to propose PFOA and PFOS (PFAS substances) as hazardous substances. 

Secondly, PFAS drinking water regulations are expanding across US states, following the federal Maximum Contaminant Levels regulation. Public water systems must complete initial monitoring by 2027, with ongoing compliance monitoring to follow. All US states will have to comply with the federal minimum levels. Many US states have already adopted their own drinking water regulations and those continue to apply above and beyond minimum federal levels.

PFAS at the state level

Restricting PFAS remains a key focus for state-level regulatory authorities across the US, as evidenced in Enhesa Product Intelligence’s Legislation Tracker data tool. Almost a third of bills currently being tracked mention PFAS — 166 as of September 2024.  

So far, 21 of those PFAS bills have been signed into law. The majority focus on restricting PFAS use in cookware, firefighting foam, drinking water, and wastewater.  

Key bills include:  

New Hampshire’s PFAS Prohibition (HB 1649): signed 6 August 2024 to prohibit PFAS in eight product categories including food packaging, textile furnishing, and personal care items, from 1 January 2027.  

Rhode Island’s Consumer PFAS Ban Act of 2024: signed 26 June 2024 to ban all uses of PFAS in covered products by 1 January 2029, unless the use of PFAS is considered unavoidable. The ban is occurring in stages starting with: 

• PFAS-containing Class B firefighting foam from 1 January 2025; 
• covered products containing intentionally added PFAS from 1 January 2027; and 
• artificial turf and outdoor apparel from 1 January 2029. 

Colorado’s PFAS Protection Act: signed 1 May 2024 to phase out consumer products with intentionally added PFAS. The ban is occurring in stages, starting with: 

• outdoor apparel from 1 January 2025;  
• domestic cleaning products, cookware, dental floss, menstruation products, ski waxes, and artificial turf from 1 January 2026; and  
• cleaning products for floor maintenance used in hospital or medical settings, and textile articles from 1 January 2028.   

Catch up on the full webinar now

The above takeaways are just some of the highlights from our 2024 Global Outlook for chemicals & chemical products: Mid-year review for the Americas webinar.  

Other key topics covered include updates in jurisdictions across Latin America, such as: 

• Peru’s draft supreme decree, which paves the way for GHS implementation;  
• Brazil’s recent actions around Extended Producer Responsibility (EPR), which sets the stage for more rules and regulations to promote the circular economy; and  
• priority products under Chile’s EPR law, including single-use plastics and bottles. 

Watch the webcast now