Skip to main content
Sister Publication Links
  • Sustainable Plastics
  • Rubber News
Subscribe
  • Sign Up Free
  • Login
  • Subscribe
  • News
    • Processor News
    • Suppliers
    • More News
    • Digital Edition
    • End Markets
    • Special Reports
    • Newsletters
    • Videos
    • Podcasts
    • Injection Molding
    • Blow Molding
    • Film & Sheet
    • Pipe/Profile/Tubing
    • Rotomolding
    • Thermoforming
    • Recycling
    • Machinery
    • Materials
    • Molds/Tooling
    • Product news
    • Design
    • K Show
    • Mergers & Acquisitions
    • Sustainability
    • Public Policy
    • Material Insights Videos
    • Numbers that Matter
    • Automotive
    • Packaging
    • Medical
    • Consumer Products
    • Construction
    • Notable Leaders in Sustainability
    • Processor of the Year
    • Best Places to Work
    • Women Breaking the Mold
    • Rising Stars
    • Diversity
    • Most Interesting Social Media Accounts in Plastics
  • Opinion
    • The Plastics Blog
    • Kickstart
    • One Good Resin
    • Pellets and Politics
    • All Things Data
    • Viewpoint
    • From Pillar to Post
    • Perspective
    • Mailbag
    • Fake Plastic Trees
  • Shop Floor
    • Blending
    • Compounding
    • Drying
    • Injection Molding
    • Purging
    • Robotics
    • Size Reduction
    • Structural Foam
    • Tooling
    • Training
  • Events
    • Plastics News Events
    • Industry Events
    • Injection Molding & Design Expo
    • Livestreams/Webinars
    • Editorial Livestreams
    • Ask the Expert
    • Plastics News Events Library
    • Plastics News Executive Forum
    • Injection Molding & Design Expo
    • Plastics Caps + Closures: A Global Online Event
    • Women Breaking the Mold Networking Forum
    • Bioplastics Live
    • Numbers that Matter Live
    • PFAS Live
    • Plastics in Politics Live
    • PN Live: Mergers and Acquisitions
    • Polymer Points Live
    • Sustainable Plastics Live
    • Plastics Caps & Closures Library
    • Plastics in Healthcare Library
    • Women Breaking the Mold Networking Forum Library
  • Rankings & Data
    • Injection Molders
    • Blow Molders
    • Film Sheet
    • Thermoformers
    • Pipe Profile Tubing
    • Rotomolders
    • Mold/Toolmakers
    • LSR Processors
    • Recyclers
    • Compounders - List
    • Association - List
    • Plastic Lumber - List
    • All
  • Directory
  • Resin Prices
    • Resin Prices Overview
    • Commodity Thermoplastics
    • High Temperature Thermoplastics
    • Engineering Thermoplastics
    • Recycled Plastics
    • Thermosets
    • Europe - Virgin
    • Europe - Recycled
    • Europe - Feedstock
  • Custom
    • Sponsored Content
    • LS Mtron Sponsored Content
    • Conair Sponsored Content
    • KraussMaffei Sponsored Content
    • ENGEL Sponsored Content
    • White Papers
    • Classifieds
    • Place an Ad
    • Sign up for Early Classified
MENU
Breadcrumb
  1. Home
  2. Perspective
Perspective
March 09, 2018 01:00 AM

Manufacturers using perfluorinated chemicals should follow new regulations

William Walsh
  • Tweet
  • Share
  • Share
  • Email
  • More
    Reprints Print

    Perfluorinated chemicals, which include perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), have been widely used in manufacturing since at least the late 1940s. For many decades, regulators did not consider these chemicals to be of regulatory concern.

    However, in the late 1990s and early 2000s, PFOA and PFOS were identified as "emerging chemicals" of potential regulatory concern due to findings of perfluorinated chemicals (PFCs) in the environment and human blood and a shift in regulatory science policies.

    Manufacturers using PFCs should pay close attention to new regulations.

    In November, PFOA and PFOS were listed by California as Proposition 65 chemicals "known to cause reproductive toxicity," based on the U.S. Environmental Protection Agency's issuance of drinking water guidance. Also, the New Jersey Water Quality Institute recommended a health-based drinking water standard of 13 parts per trillion for PFOS — many times lower than EPA's guidance level. Michigan just announced the establishment of a multiagency team to address PFC contamination.

    The Interstate Technology & Regulatory Council has established a webpage and will release guidance for states to follow in PFC cases. Similarly, EPA and the U.S. Departments of Defense and Energy created a PFC website that compiles relevant toxicity. FDA has even banned the use of certain PFCs in food packaging, arguably based primarily on a precautionary science policy rather than on proof of causation.

    These developments have accelerated the potential for more regulatory actions, particularly groundwater and soil remediation actions against not only manufacturers of PFOA and PFOS, but also companies that use PFCs in making products. If past is prologue, these regulatory actions are likely to trigger more personal injury and property damage lawsuits.

    Companies vulnerable to these developments can take the following steps now to reduce business and legal risk:

    • Companies that currently make or have historically made products containing PFCs — or even used products containing PFCs — may want to review their historical records and evaluate existing processes to assess the magnitude and likelihood of potential groundwater and soil contamination and/or the presence of PFCs in the company's products.

    •​ For companies that sell products in California, a warning label is not required if the daily exposure to PFOA and PFOS in a product does not exceed the daily maximum acceptable intake level or "safe harbor" exposure level. However, determining daily exposures from a product requires converting a concentration of the chemical in the product into a daily amount of the chemical that enters the body of an "average" consumer. Furthermore, California has yet to issue a safe level and guidance on PFC remediation. Also, imported products may contain trace amounts, further complicating compliance. Unless one seeks a safe-use determination from the satate (an expensive and uncertain process), often the first time a company becomes aware that it may not be in compliance is on receipt of a private enforcer's notice letter.

    • Those at risk should track regulatory developments and, if appropriate, comment on proposed regulations. Regulators have expanded their concerns beyond PFOA and PFOS. Advance preparation is important to an effective response, to make sure that any rule-making record is based on scientifically sound data and analysis.

    •​ Companies should review supply chain contract and renegotiate out of compliance terms.

    •​ Companies should consider establishing a step-by-step strategy to develop and implement defenses to liability for remediation of groundwater and soil contamination and/or defenses to potential personal injury or property damage liability claims.

    William Walsh is a lawyer with Clark Hill plc in Washington specializing in environmental law compliance.

    RECOMMENDED FOR YOU
    Perspective: Making the case that ‘Recycling Is Real'
    Letter
    to the
    Editor

    Do you have an opinion about this story? Do you have some thoughts you'd like to share with our readers? Plastics News would love to hear from you. Email your letter to Editor at [email protected]

    Most Popular
    1
    An 8,000-ton dream for Milacron, 20/20 Custom Molded Plastics
    2
    US Merchants opens curtain on growing injection molding operations
    3
    Report: Tekni-Plex may be for sale
    4
    Plastics processors face automation needs, sustainability demands
    5
    Rising costs prompt delay in Corpus Christi PET plant construction
    SIGN UP FOR OUR FREE NEWSLETTERS
    EMAIL ADDRESS

    Please enter a valid email address.

    Please enter your email address.

    Please verify captcha.

    Please select at least one newsletter to subscribe.

    Find more newsletters at plasticsnews.com/newsletters.

    You can unsubscribe at any time through links in these emails. For more information, see our Privacy Policy.

    Get our newsletters

    Staying current is easy with Plastics News delivered straight to your inbox, free of charge.

    Subscribe today

    Subscribe to Plastics News

    Subscribe now
    Connect with Us
    • LinkedIn
    • Facebook
    • Twitter
    • Instagram

    Plastics News covers the business of the global plastics industry. We report news, gather data and deliver timely information that provides our readers with a competitive advantage.

    Contact Us

    1155 Gratiot Avenue
    Detroit MI 48207-2997

    Customer Service:
    877-320-1723

    Resources
    • About
    • Staff
    • Editorial Calendar
    • Media Kit
    • Data Store
    • Digital Edition
    • Custom Content
    • People
    • Contact
    • Careers
    • Sitemap
    Related Crain Publications
    • Sustainable Plastics
    • Rubber News
    • Tire Business
    • Urethanes Technology
    Legal
    • Terms and Conditions
    • Privacy Policy
    • Privacy Request
    Copyright © 1996-2023. Crain Communications, Inc. All Rights Reserved.
    • News
      • Processor News
        • Injection Molding
        • Blow Molding
        • Film & Sheet
        • Pipe/Profile/Tubing
        • Rotomolding
        • Thermoforming
        • Recycling
      • Suppliers
        • Machinery
        • Materials
        • Molds/Tooling
        • Product news
        • Design
      • More News
        • K Show
        • Mergers & Acquisitions
        • Sustainability
        • Public Policy
        • Material Insights Videos
        • Numbers that Matter
      • Digital Edition
      • End Markets
        • Automotive
        • Packaging
        • Medical
        • Consumer Products
        • Construction
      • Special Reports
        • Notable Leaders in Sustainability
        • Processor of the Year
        • Best Places to Work
        • Women Breaking the Mold
        • Rising Stars
        • Diversity
        • Most Interesting Social Media Accounts in Plastics
      • Newsletters
      • Videos
      • Podcasts
    • Opinion
      • The Plastics Blog
      • Kickstart
      • One Good Resin
      • Pellets and Politics
      • All Things Data
      • Viewpoint
      • From Pillar to Post
      • Perspective
      • Mailbag
      • Fake Plastic Trees
    • Shop Floor
      • Blending
      • Compounding
      • Drying
      • Injection Molding
      • Purging
      • Robotics
      • Size Reduction
      • Structural Foam
      • Tooling
      • Training
    • Events
      • Plastics News Events
        • Plastics News Executive Forum
        • Injection Molding & Design Expo
        • Plastics Caps + Closures: A Global Online Event
        • Women Breaking the Mold Networking Forum
      • Industry Events
      • Injection Molding & Design Expo
      • Livestreams/Webinars
      • Editorial Livestreams
        • Bioplastics Live
        • Numbers that Matter Live
        • PFAS Live
        • Plastics in Politics Live
        • PN Live: Mergers and Acquisitions
        • Polymer Points Live
        • Sustainable Plastics Live
      • Ask the Expert
      • Plastics News Events Library
        • Plastics Caps & Closures Library
        • Plastics in Healthcare Library
        • Women Breaking the Mold Networking Forum Library
    • Rankings & Data
      • Injection Molders
      • Blow Molders
      • Film Sheet
      • Thermoformers
      • Pipe Profile Tubing
      • Rotomolders
      • Mold/Toolmakers
      • LSR Processors
      • Recyclers
      • Compounders - List
      • Association - List
      • Plastic Lumber - List
      • All
    • Directory
    • Resin Prices
      • Resin Prices Overview
      • Commodity Thermoplastics
      • High Temperature Thermoplastics
      • Engineering Thermoplastics
      • Recycled Plastics
      • Thermosets
      • Europe - Virgin
      • Europe - Recycled
      • Europe - Feedstock
    • Custom
      • Sponsored Content
      • LS Mtron Sponsored Content
      • Conair Sponsored Content
      • KraussMaffei Sponsored Content
      • ENGEL Sponsored Content
      • White Papers
      • Classifieds
        • Place an Ad
        • Sign up for Early Classified