4 Key Things to Know About PFAS Regulations for 2024

As of September 2024 reporting dates have changed - This direct final rule changes the data submission period to open on July 11, 2025. Most reporters would be required to complete all reporting my January 22, 2026. Small businesses reporting data solely on importing PFAS contained in articles will have until July 11, 2026 to submit reports.

New PFAS regulations threaten to significantly impact the electronics manufacturing process. But what parts of the supply chain will they affect and how can manufacturers identify their direct impact? Our latest webinar helps you decode the latest updates on PFAS regulations in the United States and Europe, including the recent proposed 10,000+ PFAS ban in the EU. 

In this article, we’re recapping part of our PFAS webinar led by Mike Kirschner, a product environmental compliance expert with 20 years of engineering and engineering management experience at companies like Intel, Tandem Computers, and Compaq. Keep reading to learn more about key takeaways Mike shared with us.

First… What Are PFAS?

Per- and Polyfluorinated Alkyl Substances – better known as PFAS or “forever chemicals” – are a large chemical family encompassing over 9,000 highly fluorinated substances. These substances have one thing in common: Carbon atoms linked to fluorine atoms. 

This bond makes PFAS extremely stable both thermally and chemically, meaning they’re long-lasting and resistant to high temperatures. They’re also highly effective at repelling water, grease, and stains… can you think of any products that are good at that? Your answer is likely “yes”, because PFAS are found in items you use everyday. Your electronics, shampoo, cookware, and clothes all contain PFAS.

However, research has shown us that while helpful (or even essential) in everyday life, these chemicals aren’t the safest for humans. PFAS are not only toxic – having been associated with various cancers, diseases, decreased fertility, and hormone dysfunction – but are also bioaccumulative. This means there has been an increase in the concentration of PFAS in humans over time, with 98% of Americans having PFAS in their blood. Due to this, PFAS are on their way to more regulations, joining that longer chain perfluorinated chemicals like PFOA and PFOS.

As more and more regulations are implemented, here are 7 key things you need to know about PFAS in 2024.4 Key Takeaways From Our PFAS Webinar

1. International Restrictions of PFHxS Roll Out This Year

You may be familiar with the Stockholm Convention, an international environmental treaty signed in May of 2001 in Stockholm that took effect in May of 2004. The purpose of the treaty was to identify and restrict 28 Persistent Organic Pollutants (POPs) through international cooperation, which included the ban of chemicals like PFOA and PFOS. Most recently, PFHxS has joined the list of substances banned by the Stockholm Convention as of last year. 

PFHxS is a subset of PFAS and was used as a substitution for some PFOS applications after PFOS was banned. However, the new restriction of PFHxS begins taking effect in 2024 and will be implemented by all major markets except the USA. This could cause a shift in production and manufacturing strategies, especially for companies producing water-resistant materials, fire-fighting foams, and other similar products. 

2. Domestically, Maine and Minnesota Have Implemented Regulations Relevant to Electronics

A handful of states have rushed to regulate PFAS, with Maine and Minnesota being the only two implementing regulations relevant to electronics. 

Maine initially passed their regulation, effectively a disclosure-only requirement, in 2021 with reporting to the state required as of January 1st, 2023. However, they had no system in place to provide the data, so this regulation has been pushed out to January 1st, 2025. Additionally, as of January 1, 2030, Maine is going to ban everything containing PFAS unless the use of PFAS is specifically designated as a currently unavoidable use.For this regulation specifically, the definition for PFAS is “any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom”. 

Minnesota also passed a new law earlier this year, effectively copying Maine's law with a few changes. The regulation’s definition of PFAS remains the same, but the reporting period is one year later. This means you’ll have to report PFAS products on or before January 1st, 2026, for anything you're selling in the state. Minnesota also wants to follow Maine’s footsteps, banning all PFAS unless deemed unavoidable by 2032.

That’s a lot of future dates to prepare for, but what does this mean for this coming year? Well, 2024 is the time period for you to begin collecting and providing data to Maine, as well as get ahead of the reporting process for Minnesota’s 2026 deadline as well. 

3. The Environmental Protection Agency’s One-Time Data Call-In Regulation Submissions Start in November 2024

In 2020, the National Defense Authorization Act introduced a one-time data call-in regulation for fiscal 2020. This is a one-and-done reporting regulation that covers the import and manufacturing of PFAS substances, PFAS in mixtures, and PFAS in articles. 

The PFAS article part is relatively new. Typically, article manufacturers or electronics manufacturers won't have a lot of experience with the Environmental Protection Agency (EPA) like the chemical industry would. Additionally, the definition of PFAS is different than that of Maine of Minnesota, defining PFAS as “any chemical substance or mixture containing a chemical substance that structurally contains at least one of the following three substructures: R-(CF2)-CF(R’)R”, R-CF2OCF2-R’, and CF3C(CF3)R’R”. 

In terms of reporting, this regulation requires that you provide reporting for every year that you sold a product in the USA from 2011 through 2022. Importers of PFAS and articles are considered PFAS manufacturers, which means that yes, you are obligated to report to the EPA if you import PFAS that are contained in an article. This submission period for this reporting opens on November 12, 2024, and you have until May 8, 2025, to finish your reporting unless you are a small business. 

This means you have all of 2024 to learn more about the regulation and complete your due diligence to collect the information, then take the following 5 months to report your data to the EPA. You’re obligated to report things like the chemical name, chemical ID, CAS number, trade name, molecular structure, and more, so start collecting those things now. 

To dive into the details of EPA’s reporting standards and walk through examples of various reporting scenarios, tune into our webinar recording above. 

4. The ECHA PFA Restriction Proposal Consultation Period Has Closed

Introduced by the European Chemical Agency (ECHA) on February 7, 2023, the PFA Restriction Proposal aims to ban PFAS emissions, including PTFEs, into the environment to make products and processes safer for people. 

ECHA defines PFAS as “any substance that contains at least one fully fluorinated methyl or methylene carbon atom without any halogens attached to it…”, plus more PFAS that are excluded. The proposal adds an entire set of substances to the restrictions annex, making it very different from the EPA’s disclosure data call-in or Maine and Minnesota’s reporting regulations since this actually restricts substances. Many of the proposed PFAS restrictions are found in electrical and electronic equipment, which will drastically affect various industries and companies around the world. 

Companies had until September 5, 2023, to submit their comments and concerns, resulting in over 5,600 comments from over 4,400 organizations, companies, and individuals. Now, the various committees and organizations will sift through the comments to evaluate them. 

Looking to Learn More About PFAS Regulations?

If you’d like to learn more about how to manage PFAS in your electronics supply chain, contact our product specialists to see what Z2Data can do for you.