Minnesota Implements Strict Regulations for PFAS and Heavy Metals in Products

The U.S. state of Minnesota has recently approved specific regulations concerning the use of PFAS (per- and polyfluoroalkyl substances) and heavy metals in several consumer products. This decision marks a proactive effort to mitigate the potential risks associated with these harmful substances. It indicates the state’s commitment to ensuring the well-being of its residents. Heavy metals and PFAS are toxic chemicals that can cause a number of adverse health effects, including developmental problems, reproductive problems, and certain types of cancer. The widespread use of these substances in everyday items such as cookware, food packaging, and textiles has attracted increasing attention. Considering the potential harm caused by these substances, Minnesota has taken a strong stance to regulate their presence in consumer products. Minnesota aims to protect its citizens from potential health hazards by restricting these substances in consumer products. As a result of the new regulations, there are strict limits on the concentration of PFAS compounds and heavy metals in consumer products. There is also a reasonable transition period provided to allow manufacturers and suppliers to adjust their production processes and sourcing strategies to comply with the new standards. To ensure compliance with the PFAS and heavy metals limits, manufacturers will be required to conduct thorough testing. Furthermore, labeling requirements will be implemented to ensure that consumers are informed about the presence of these substances in the products they purchase. The restrictions on PFAS will be implemented in phases, and will take effect on January 1, 2025, for products such as carpets, rugs, cleaning products, cookware, cosmetics, etc. In addition, from January 1, 2026, if a product contains intentionally added PFAS chemicals, the manufacturer must submit a notice to the Commissioner of Pollution Control Agency with the required information. Products containing PFAS chemicals will be prohibited in all products beginning on January 1, 2032. Compliance XL provides companies with compliance consulting services and PFAS declaration collections. Our company also assists our customers in maintaining their suppliers’ certificates and declarations in order to keep them up to date as part of their compliance data management strategy. FAQs 1. What is the threshold limit for lead and cadmium in consumer products under the new heavy metal regulation? The threshold limit for lead and cadmium in consumer products under the new heavy metal regulation is Lead ≤ 90 ppm, Cadmium ≤ 75 ppm. Get in touch with us today for more information! Contact Us

First US drinking water standard for PFAS is proposed by the EPA.

The US Environmental Protection Agency issued a proposed rule that would establish legally enforceable drinking water standards for six per- and polyfluoroalkyl substances (PFAS). A significant step has been taken towards setting the first enforceable federal standard for PFAS under the federal Safe Drinking Water Act (SDWA). PFAS compounds have come to be known as “forever chemicals” due to their propensity to stay permanently in the environment and toxicity at incredibly low concentrations. EPA’s move is expected to profoundly affect treatment requirements for drinking water suppliers and remediation clean-up requirements across a wide swath of federal and state environmental programs. EPA’s Proposed Regulation National Primary Drinking Water Regulation for six PFAS would be established by the proposed rule: perfluorooctanoic acid (PFOA) perfluorooctane sulfonic acid (PFOS) perfluorononanoic acid (PFNA) hexafluoropropylene oxide dimer acid (HFPO-DA) and its ammonium salt perfluorohexane sulfonic acid (PFHxS) perfluorobutane sulfonic acid (PFBS) and mixtures of these PFAS. The regulation seeks to establish legally-enforceable Maximum Contaminant Levels (MCLs) for these six PFAS in drinking water in the low parts per trillion—often called “non-detect” levels. In addition to enforceable levels, The EPA has concluded that PFOA and PFOS are probably carcinogenic to humans and has recommended MCLGs of 0.0 ppt. For any combination of PFNA, PFHxS, PFBS, and GenX Chemicals, the proposed MCLG is HI 1.0. These six chemicals that have been used in a variety of industries and consumer products, including firefighting foams, nonstick cookware, and waterproof clothing. If adopted, the proposed regulation will require public water systems to monitor for these chemicals. In addition, systems will be required to alert the public and lessen PFAS contamination if levels rise above the suggested regulatory limits. According to EPA, if fully implemented, the rule will, over time, prevent thousands of fatalities and lower the number of significant PFAS-related diseases by tens of thousands. This action establishes nationwide protection from PFAS pollution for all people, including environmental justice communities. In accordance with SDWA, the EPA Administrator must also submit a maximum contaminant level goal (MCLG) at the same time as the NPDWR. The MCLG is a non-enforceable public health objective that designates a point below which no known negative health impacts are anticipated. EPA is authorized to implement an NPDWR under SDWA based on its determination that these six PFAS may have severe effects on health, occur regularly and at levels that create public health concerns in public water systems, and that, in the Administrator’s sole discretion, their regulation affords a considerable opportunity for health risk reduction for those served by public water systems. According to EPA, if the rule is completely enforced, it will stop thousands of deaths and tens of thousands of significant PFAS-related diseases. The proposed drinking water standard for PFAS by the EPA would potentially affect a wide range of industries that use or have used PFAS in their products or processes. Some of the industries that could be impacted by the new standard include: Firefighting: PFAS-containing firefighting foams have been widely used for training and fire suppression, leading to PFAS contamination of soil and water. Chemical manufacturing: PFAS are used in the production of various chemicals, including plastics, coatings, and textiles. Consumer products: PFAS have been used in a wide range of consumer products, such as nonstick cookware, waterproof clothing, and food packaging. Electronics: PFAS are used in the production of semiconductors and other electronics components. Aerospace: PFAS-containing materials have been used in the aerospace industry for various applications, including fire suppression and hydraulic fluids. Automotive: PFAS are used in the manufacturing of some automotive components, such as brake pads and windshield wiper blades. Military: PFAS-containing firefighting foams have been used extensively by the military for training and fire suppression, leading to contamination of soil and water at military sites. The new drinking water standard would likely lead to increased regulation and scrutiny of these industries and their use of PFAS. Some industries may need to find alternatives to PFAS to comply with the new standard. However, some environmental and public health advocates have criticized the proposal, arguing that the MCL is not stringent enough to fully protect public health. These advocates have called for a more protective standard of 1 ppt or lower. The EPA is currently accepting public comments on the proposal, and a final decision is expected in 2024.

Are you aware of the ECHA’s new proposal to ban PFASs in firefighting in Europe?

PFAS (per- and polyfluoroalkyl substances) are synthetic chemicals with a wide range of applications in a variety of industries. They are based on the carbon-fluorine bond chemicals and are considered to be the strongest bonds. The stable properties of these materials make them useful for many applications, including food processing, electronics, aerospace, and medical devices. A new trend is replacing long chain bonds with small chain bonds because they are more resistant to degradation, thus reducing human health and environmental impact. Chemicals such as PFAS have the potential to harm humans and the environment through direct or indirect releases through food (example: fish from PFAS contaminated waters), skin contact (use of cosmetics containing these harmful substances), and also through air pollution. According to studies, approximately 18,000 tons of firefighting foam are expected to be sold in the EU each year. Approximately 470 tons of PFAS are contained in these 18,000 tons. In the absence of proper treatment, soil and water might be contaminated. In order to prevent contamination of water and soil and human health risks, ECHA has drafted a proposal for a ban on all PFASs in firefighting foams across the EU. Next steps as per ECHA: A committee of ECHA members will analyze the proposal’s risk assessment. Analyze the socio-economic impact of the proposed ban and the various options for limiting it. After the assessment, what should you do?: A final assessment will be completed by the ECHA committee in 2023. Defining transition periods and timelines for industry to choose suitable alternatives. For non-alternative options, guidelines such as limiting PFAS releases to the environment should be followed. Describe how disposal should be considered after use. In January 2023, five EU countries will submit proposals for Ban: Denmark, Sweden, Norway, Netherlands, and Germany. As a result of PFAS restrictions on firefighting foams, those PFASs are also restricted in broader applications and uses. Combined with automated platform technology, ComplianceXL reduces your workload and gives you hours back in your day by giving you back time on your hands. It is essential to maintain agility when navigating issues like the PFAS restrictions. Get in touch with ComplianceXL for more information about how PFAS may affect your business.

All you need to know about the use of PFAS in the EU Region

Per- and polyfluoroalkyl substances (PFAS) are categories of synthetic chemicals with varied applications in different industries. These are basically carbon-fluorine bond chemicals and considered to be the strongest bonds. They are used in applications such as food processing, electronics, aviation, and medical devices due to their stable properties, such as being heat stable and repellent to water and oil. The new trend is to replace long chain bonds with small chain bonds to reduce impact on human health and the environment since they are resistant to degradation. The impact on human health and the environment can be from direct or indirect release of these chemicals through food (example: fish from PFAS contaminated waters), skin contact (use of cosmetics containing these harmful substances) and also through air contamination. The impact of PFAS on Human health Toxic for reproduction causing damage to foetus. Carcinogenic Endocrine disrupters The impact of PFAS on Environment Air-water contamination due to the presence of carbon and fluorine bonds. Due to their resistance to degradation, they accumulate in the environment, contaminating ground water and air and causing toxic effects. PFAS regulatory obligation The use of PFOS (perfluorooctane sulfonic acid) and PFOA (perfluorooctanoic acid) is already restricted under the Stockholm convention as well as under EU POP (persistent organic pollutants). Furthermore, perfluorohexane sulfonic acid (PFHxS) is being considered for global restrictions and elimination. There are a number of PFAS compounds that are included in REACH SVHCs. Essentially, they affect the environment through drinking water and food contacts through meat products due to their persistence, mobility, and toxicity. For more information about PFASs and the implications they have on your products, please contact one of our compliance experts.

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