Pressure is increasing for PFAS manufacturers and users to minimise emissions and find PFAS alternatives – particularly due to the potential toxic hazards associated with some PFAS. Businesses are now having to navigate one of the most complex global regulatory landscapes in chemistry to ensure compliance.
Regulatory Developments for PFAS in the European Union (EU)
The European Union is leading global PFAS regulation development through its proposed ‘Universal PFAS Restriction’, which seeks to ban or severely restrict all PFAS within the next few years. The 2023 public consultation received unprecedented responses – underscoring the widespread use of PFAS and the challenges of; finding alternatives, addressing data gaps, and developing analytical methods. The European Chemicals Agency (ECHA) is currently evaluating responses through its RAC and SEAC committees, following an application-by-application approach. This multi-year review process will continue before a second consultation window opens.
A key aim of the proposed restriction is to prevent regrettable substitutions, where one PFAS is replaced with another PFAS. This aligns with past industry shifts, such as the transition from C8 to C6 chemistries. While C6 PFAS are less hazardous than their C8 counterparts, they remain persistent. Major C8 substances like PFOS and PFOA are already restricted under the Stockholm Convention on Persistent Organic Pollutants (POPs), alongside PFHxS (a C6 analogue to PFOS). The EU also regulates specific PFAS and PFAS applications, including PFHxA in consumer uses such as textiles, food packaging and cosmetics, and PFAS in Aqueous Film-Forming Foams (AFFF) used for firefighting. Furthermore, there are certain member-state restrictions in Denmark and France. Additionally, water quality, food contact, and industrial emissions legislation all impose compliance requirements on PFAS-related activities.
PFAS Regulation in the United States (US)
In the US, concerns over PFAS in drinking water have placed the Environmental Protection Agency (EPA) at the forefront of PFAS regulation. The EPA has established a ‘PFAS Strategic Roadmap’ and enforceable drinking water standards for key substances, including; PFOA, PFOS, PFHxS, and GenX chemicals. The agency has also developed analytical methods for targeted PFAS detection in various environmental media. However, testing for PFAS in complex products remains challenging due to a lack of standardised methods.
At the state level, multiple PFAS regulations have emerged, particularly targeting consumer products such as cosmetics, cookware, textiles, and food packaging. While some state-level PFAS reporting requirements have been delayed or revised (eg Maine), the EPA has finalised the TSCA reporting rule. This mandates that manufacturers and importers report PFAS usage in products dating back to January 1, 2011. The reporting period opens on July 11, 2025, for six months, with an extended 12-month deadline for small manufacturers.
Global PFAS Regulation Trends
Beyond the EU and the US, many countries are implementing their own PFAS restrictions and specific regulatory actions.
Global PFAS Restrictions Under Stockholm Convention
Under the Stockholm Convention, global restrictions on PFOA and PFOS are already in place, with additional substances under consideration.
PFAS in the United Kingdom (UK)
The UK has published a Regulatory Management Options Analysis (RMOA) and nine substance evaluation dossiers. The UK is also developing restriction proposals for AFFF and PFAS use in consumer products such as textiles and cleaning agents.
PFAS Ban in Japan
A ban on the manufacture, import, and use of 138 PFAS, effective January 10, 2025.
Canada PFAS Regulation
A class-based regulatory approach, including C9-C21 LC-PFCAs nominated for Stockholm Convention evaluation.
Plan for PFAS in Australia
Implementation of the PFAS National Environmental Management Plan (NEMP), with a revised version currently open for public consultation.
PFAS Drinking Water Standards
Various nations are establishing limits for individual and cumulative PFAS concentrations in water supplies.
Challenges for PFAS Industry
The complexity of PFAS chemistry, evolving regulations, and stringent testing requirements pose significant compliance challenges for industries.
Impacts on PFAS Supply Chain
Companies must evaluate global regulatory developments and their implications on PFAS-containing products.
Analytical Limitations
As PFAS testing requirements increase – detecting and quantifying PFAS in complex products remains difficult without standardised methods.
PFAS Substitution Challenges
While some alternatives exist, many PFAS applications have no readily available substitutes. The evaluation of potential alternatives can take years due to performance requirements and industry standards.
The Future of PFAS Chemistry
Despite mounting regulatory pressure, the PFAS industry continues to advocate for these substances due to their unparalleled performance in critical applications. Companies are focusing on emissions reduction, liability mitigation, and the development of alternative solutions, where feasible. Regulators are also considering exemptions for essential PFAS applications, such as Maine’s Currently Unavoidable Use (CUU) framework. However, these exemptions will likely be periodically reviewed as new alternatives emerge.
At the Forefront of Evolving PFAS Regulation
The regulatory landscape for PFAS is evolving rapidly, with significant implications for manufacturers, importers, and users. Businesses must stay informed – engaging in proactive compliance strategies, and exploring alternative solutions where possible. As PFAS regulations continue to tighten, industries must balance compliance requirements with the technical and economic realities of replacing these essential chemicals.
If you're facing challenges relating to global regulatory compliance, our team of PFAS consultants are available to help you develop effective compliance strategies and support your business with all regulatory affairs.
