EPA's New PFAS Reporting Mandate: A Compliance Expert’s Insights

Per-and polyfluoroalkyl substances, more commonly referred to as PFAS or “forever chemicals”, have been the talk of the town in the regulatory, compliance, and supply chain world. The group of synthetic chemicals are frequently used in the production and manufacturing of electronics, including smartphones, laptops, TVs, and other everyday devices you use. 

However, new regulations could have dramatic and lasting impacts on the electronics industry, making PFAS more than a temporary hot topic of interest. These regulations aren’t going away any time soon – and the kicker? Unless you’re already working with a team of compliance experts, many small to medium-sized businesses may not even be aware of these changes coming down the pipeline. 

That’s why we sat down with environmental compliance, sustainability, safety, and performance expert Mike Kirschner. Ahead of our free PFAS Restrictions in Electronics webinar, Mike spoke with us about new and existing PFAS regulations, how they could affect your company, and the best ways for small companies to stay up-to-date on this topic.

The U.S. Environmental Protection Agency (EPA) has just announced that they want electronics companies, or any company that utilizes PFAS in their product or manufacturing process to start self-reporting. Tell us more about that. 

So, the EPA is requiring companies to self-report information on PFAS used in their manufacturing process, as well as formulators who incorporate those substances into what they're manufacturing and those who are importing goods. Additionally, they want to know more about PFAS in articles and finished goods, which is more along the lines of what electronics manufacturers are doing. This applies to any and every company that’s imported into the U.S. or manufactured in the U.S., since 2011, with no exemptions as of this moment. 

The regulation was published in the Federal Register on October 11, 2023. The data is essentially due 18 months after publication in the federal register, which puts us at approximately April 2025. Additionally, small businesses that are importing articles get an additional six months, so they'll have until October 2025. The EPA says that the first year is intended for data collection, followed by a six month reporting period,  so I think they'll be ready to start accepting data in October 2024.

Are companies going to have to go back and retroactively try to self-report, even for obsolete products, or only report on products that are active now in terms of their PFAS usage?

Everything, all of the above. I mean, the keyword there that you said is try. The EPA understands that this is difficult, and in many cases impossible to do for a variety of reasons. Companies may no longer be in business, or they've been acquired, or the people who had any of this knowledge are nowhere to be found. It's going to be a very difficult task, but there should be at least some guidance that they're developing to help manufacturers understand what they have to do. 

When it comes to this new kind of EPA requirement, what do you think will be some of the biggest challenges for that self-reporting process?

I think some of the biggest challenges are knowing what to ask of your supply base and who to ask about products. If you have sheet metal for example, you’ll also have to look into if the sheet metal has a coating with those substances, not just the metal itself. As for electronics, knowing which PFAS substances could be in electronic products is also a challenge. You’ll need to understand how to ask the question of your suppliers and give them examples if they want some. They typically shouldn't need any, but given the variation in definitions, they just might. Lastly, understanding the scope of this and where you'd best put your resources is going to be a hurdle.

Are there any other challenges overall that companies are facing in the areas of compliance that maybe they haven't been thinking about, or need to be thinking about?

We're seeing expansion of chemical regulatory requirements at a really rapid pace, and that's going to continue. We're also seeing very specific product design requirements, particularly out of the EU right now, and that's going to get broader and broader. For companies, this means more control, information, and insight for the supply chain is going to be required. Who's selling? What are they selling you? Does it contain X, Y, Z substance? Are you making batteries removable? Are you making your product modular? These are the questions you’ll have to be asking. 

It’s moving beyond “okay, we're restricting six substances” and extending to the entire product lifecycle process. This includes the definition of the product, who your supply base is, how you manufacture it, how you support it over time, and what happens to the materials that are used in it after the use phase is over. 

If you're not a larger company with built-in compliance experts and resources tracking these regulations, how do you stay informed on this topic and these requirements? 

Well, that’s yet another challenge. In simple terms, they just have to invest in service providers who can provide this information on an ongoing basis for your markets and products, such as what Z2Data offers. Additionally, having dedicated personnel is also important. This is such a complex area that’s only getting more and more challenging over time. 

More and more aspects of electronic product design and manufacturing are being looked at for regulation, which will become a bigger constraint for product development. Yes, service providers and dedicated personnel will cost you some money, but it will be very challenging for a manufacturer of any size to stay up to date on this themselves, unless they have a very small bill of materials. A lot of information needs to be gathered, and the better you understand the requirements and your supply base, the more likely you will be successful.

Are there any other tools or resources you recommend for people who are looking to learn more about these regulations? 

The EPA is expected to be issuing guidance, as well as a supposed streamlined form for article importer reporting. So I’d keep an eye out for the EPAs developing tools. 

Still Have Questions About PFAS Regulations? Join our free webinar!

Mike will join us once again to dive deeper into all things PFAS at our free webinar on November 9th. We’ll decode the specifics of the recently proposed 10,000+ PFAS ban in the EU, plus explore where PFAS are in the manufacturing process and what parts of the supply chain could be affected by new and far-reaching regulations.

Register now

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