Document 3QNYG7pLwaKkrgwBywdy114ba

PFAS: Overview of U.S. State Level Activities + Insights Into Asia Pacific States and Drinking Water Regulations PFAS Regulations - Current Climate 20 states have enacted PFAS drinking water standards as of 3/1/22 6 states have pending legislation for PFAS drinking water standards No state has taken approach of regulating all PFAS for drinking water PFAS Regulations - Current Climate Limits vary widely 5.1 ppt (California - PFOA) 667,000 ppt (Nevada - PFOA + PFOS) Piecemeal approach: PFOA PFOS PFOA + PFOS PFNA PFHxS Various combinations Impact On Companies 42% increase in PFAS enforcement actions in states with PFAS drinking water standards Increase in Requests for Information from regulatory agencies concerning PFAS pollution potential Impact felt most by downstream commerce industries / businesses Wide spectrum of companies being pursued at state level for PFAS drinking water concerns Environmental Justice and PFAS What Is Environmental Justice? "Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. This goal will be achieved when everyone enjoys: The same degree of protection from environmental and health hazards, and Equal access to the decision-making process to have a healthy environment in which to live, learn, and work" EPA, January 2022 EPA's Draft EJ Action Plan January 5, 2022 (1) Strengthen compliance with environmental regulations, with deliberate eye towards civil rights laws (2) Incorporate environmental justice considerations into regulatory development process, including impacts on pollution-burdened underprivileged / underserved communities (3) Improve community engagement in rulemaking, permitting decisions, and policies (4) Support goals of Justice 40 Initiative EJ Impacts On PFAS Influencing creation of federal and state PFAS drinking water standards PFAS lawsuit settlements are directly referencing and allocating money for environmental justice issues stemming from PFAS Delaware 2021: creation of "environmental justice grants" for communities impacted by PFAS Influence on EPA decisions for Superfund remediations + potential designation of PFOA / PFOS as "hazards substances" under CERCLA or state laws PFAS + Consumer Goods - Beyond AFFF Cosmetics June 15, 2021: Journal of Environmental Science and Technology Letters study 4 major lawsuits since December 2021 CA + WA introduced legislation to ban all PFAS in cosmetics 6 other states looking to do the same Cosmetics Phase 1: "safe" and "environmentally friendly" statements are consumer fraud Phase 2: personal injury Next Waves After Cosmetics Food packaging Clothing Spray stain resistant products Carpets / rugs Ski wax PFAS + Greenwashing: Federal and State Approaches New York AntiGreenwashing Regulation Oct 2021: Fashion Sustainability and Social Accountability Act Detailed disclosure requirements for environmental due diligence, including use of toxic or potentially toxic chemicals (PFAS) California's AB 1201 Oct 2021: enacted restrictions on environmental marketing claims "Biodegradable" or "compostable" claims not allowed if products contain PFAS Aims are consumer awareness and shifting business practices PFAS Updates From Asia Pacific PFAS: Largely Unregulated / Unenforced In Asia Some countries have not adopted amendment to Stockholm Convention Amendment is in effect in other countries, but entirely unenforced Australia's efforts largely investigatory, as opposed to regulatory PFAS: China and Japan China: Oct. 2021 - draft New Pollutant Management Action Plan Japan: May 2021 - PFOA + PFOS listed on Chemical Substances Control Law