Banning Forever Chemicals Threatens to Disrupt Flow Control Landscape

VMA Responds and Looks Ahead on PFAS Implications

The industrial valve industry provides a vital role in the production of products essential to improving the public’s quality of life and protecting the planet. The current focus on banning all PFAS raises a significant threat to our industry and beyond. Understanding how and why PFAS are used in these applications, the highly beneficial reasons they are used to help protect health and the environment as well as operations, and understanding the differences in the types of PFAS is absolutely critical to avoiding substantial and wide-ranging negative consequences to our way of life.

VMA and Valve magazine first started reporting on and tracking governmental activity surrounding PFAS over two years ago, in January 2022, with the winter issue of Valve. Throughout the past two years, information on PFAS concerns as well as the benefits of PFAS have become more accessible and commonplace. Information on the approaches that governments may take to regulate PFAS, the different types of PFAS, how the industrial valve industry uses PFAS — and how extremely prevalent it is in so many manufacturing processes, facilities and end-use products — is readily available.

While discussions around the long-term effects of PFAS is not a new issue or topic, it may seem like it. In the early 2000s, the EPA and the chemical industry worked together to phase out the most prominent long-chain PFAS (PFOA and PFOS). Research, testing and a focus on the health and environmental impacts continued, and more information became available about PFAS found in drinking water, as well as other environmental impacts. In April 2021, the EPA Council on PFAS was charged with developing: “A bold, strategic, whole-of-EPA strategy to protect public health and the environment from the impacts of PFAS.” A PFAS strategy was introduced in October 2021 which included three pillars: research, restrict and remediate. In 2022, 3M announced it would stop manufacturing PFAS by 2025. Further, the European Union, Canadian government, and U.S. government at the federal and state levels, and other countries have increased their focus on PFAS and indicated they would put in place various restrictions (including bans) on using PFAS.

Over the past two years, VMA has been raising awareness to our members and industry about the implications of such PFAS restrictions. We’ve also been educating lawmakers about the different types of PFAS — upward of 14,000 — and how they should be managed and regulated based on their risks and effects. While it is certainly paramount to address PFAS for which there is sound scientific evidence of environmental and human health toxicity, regulating all PFAS in the same manner would have substantial and wide-ranging negative consequences to health and safety, national security, the environment and society at large.

Our industry uses high molecular weight fluoroelastomers and fluoropolymers in the manufacture of gaskets, seals, pumps, coatings, chemical piping and industrial valves — all of which are integral to the production of products core to maintaining modern life. These type of PFAS are used due to their unique properties that provide for effective sealing, creating emission barriers, reducing energy use and meeting performance requirements in highly corrosive or high-temperature environments. This all helps to provide a safe and reliable production process, particularly in scenarios where failure can have catastrophic consequences.

As readers of Valve know, highly skilled engineers work to design entire flow control systems to meet detailed specifications required by accepted standards and regulations designed to protect health, safety, the environment and efficient operations. If there were reasonably available alternatives to PFAS that delivered the same level of performance in these critical applications, they would. Unfortunately, this is not the case and the path forward is foggy and may not be direct.

While the following article provides more specific additional background and information on some of the recent rulemakings on PFAS, especially with regard to drinking water, I’d like to highlight first the activities that VMA has been and will continue to work on with our members and others in the flow control industry.

The Voice of the Industry – Establishing a Definition and CUU Designation

The importance on educating our lawmakers on the impacts of their proposed legislation, regulatory rulemakings and other activities cannot be understated. Over the past two years, VMA has done this in a few ways:

• Submitted formal comments to the states of Maine and Minnesota on why valve industry products need to be designated as a “currently unavoidable use” for intentionally added PFAS. With both states having upcoming bans on PFAS-containing products in their states, obtaining this designation is extremely important. Additionally, many other states and the federal government may follow the approaches taken by Maine and Minnesota.
• Created a Flow Control Coalition with the Hydraulic Institute (HI), Fluid Sealing Association (FSA) and the Water and Wastewater Equipment Manufacturers Association (WWEMA) to ensure that those in the flow control system speak with a common voice.
• Met with over 20 members of Congress to discuss and explain our industry and why PFAS are critical.
• Provided formal comments to the EPA on how PFAS are used in critical infrastructure provided by the valve industry.
• Worked with more than 40 associations through coalitions to amplify our voice on the topic and help develop a clear definition of PFAS so that different PFAS can be managed appropriately based on their risk as well as environmental, health and other impacts.

The immediate regulatory focus is primarily driven by concerns about consumer-facing products (cosmetics, clothing, carpets, food packaging and more) as opposed to industrial products used in processing and manufacturing. However, regulators currently are taking a very broad approach that could restrict important industrial uses of PFAS (which is why obtaining “unavoidable use” exemptions is critical for our industry). The regulatory momentum shows no signs of abating and our industry needs to prepare to the greatest extent possible.

Educating Members and Industry

Providing members and the industry with information they can use to make informed business decisions is part of VMA’s mission. VMA recently launched a “PFAS Resources” webpage which provides information on state legislation tracking, federal tracking, compliance requirements, background information and other considerations. As more information is available on testing, research and other innovations, it will be included here. Webinars on understanding the implications and requirements of the EPA and Maine Reporting rules (as noted in the following article) are also included. VMA hosts periodic webinars with new information, and will be holding a workshop this fall.

PFAS Implications for the Flow Control Industry Workshop, Nov. 12-13, 2024, Alexandria, Va. — Along with the HI and FSA, VMA is holding a workshop to explore key topics to provide an overview of the landscape, current requirements and future considerations, including: global, federal and state actions and approach; understanding regulatory requirements and compliance; testing and new technologies; risk mitigation and legal considerations; supply chain and end of life; and market segment viewpoints. Find out more at vma.org.

VMA will continue to provide analysis, as well as updates on global, federal and state activities, and resources through the Member portal, as well as information to the general industry through Valve and the VMA website.

Banning 'Forever Chemicals' Threatens to Disrupt Flow Control Landscape

If you consume any news, you’ve likely been hearing about “forever chemicals” and microplastics found in water systems and soil samples across the U.S. and around the world, as well as in human bodies. Because of their presence in drinking water, persistence in the environment and adverse health effects of some types of PFAS, researchers from industry, academia and government continue to study potential health effects while legislators and regulators are proposing ways to remove them from drinking water and other consumer goods. However, the focus of PFAS is not limited to consumer goods and drinking water, and recently there have been several governmental proposals to ban all PFAS.

A full PFAS ban would have a profound impact on the modern world because the chemicals are not only found in consumer products from cookware to cosmetics but are also integral to the safe and efficient industrial production of food, pharmaceuticals, energy and much more. Specifically for the flow control industry, they are used to create key components critical to valve coatings, packings, seals and linings.

This article provides background information on PFAS chemicals, why they are important to the flow control industry and many other industries, how they are used in both industrial and consumer industries, and what the flow control industry needs to know about current regulatory activity — all based on what we have learned at the time of publication. As this is an ever-changing issue and new information is being released daily, it is recommended that your company review past and new developments. For further questions and information, please discuss compliance and other similar issues with legal counsel and other experts. Nothing in this article should be acted upon without further discussion with your own experts.

What Are PFAS?

Per- and poly-fluoroalkyl substances, often abbreviated as PFAS, have extremely strong and stable bonds that don’t degrade in nature, thus the moniker of “forever chemicals.” The EPA has estimated there are more than 14,000 chemicals that are known today to fall into this class. Some of these PFAS compounds such as PFOA (perfluorooctanoic acid) and PFOS (perfluorooctane sulfonic acid), sometimes called C8 chemicals in a nod to their eight carbon molecules, have been used primarily as an ingredient in aqueous film forming foam (AFFF), a firefighting foam developed to extinguish chemical and petroleum fires that water couldn’t sufficiently fight. Some PFOA and PFOS uses, which have been found to cause adverse environmental and human health effects, have also been banned by various government entities for many years.

The Organization for Economic Cooperation and Development (OECD), an international group that serves as “a global policy forum that promotes policies to preserve individual liberty, and improve the economic and social well-being of people around the world,” has stressed the need to more fully define PFAS into subcategories because of their different properties and risks they pose. In other words, all PFAS chemicals are not created equal. For example, in its effort to standardize discussion of what constitutes the class of materials called PFAS, the OECD stated that PFAS is just a general term describing the type of molecular structure, with no indication of whether the compound is harmful or not. It is this lack of specificity in lumping all PFAS chemicals into one group that is the cause of much confusion and misinformation in the market.

At this time, however, PFAS continue to be referred to as one grouping of 14,000 substances in global, federal and state legislative and regulatory activity.

Regulatory Controls and Rulings

The following is a list of some key regulatory actions. All companies should consult with legal counsel to determine if and how these reporting requirements apply to their company and its products to determine appropriate next steps.

On Oct. 11, 2023, the EPA issued the PFAS Reporting Rule under its Toxic Substances Control Act (TSCA) authority requiring any entity that manufactures/imports or has manufactured/imported PFAS or PFAS-containing articles since January 2011 to report information regarding uses, production volume, disposal, hazards and more to the EPA. There are two reporting deadlines, May 8, 2025, and Nov. 10, 2025, depending on company size and other criteria. It is important to note there are no de minimis thresholds, so many companies must report regardless of the amount of PFAS or PFAS-containing products they manufactured or imported. Reports must be made through the EPA’s Central Data Exchange (https://cdx.epa.gov) and certified by an authorized company official. Companies should check with legal, compliance or other appropriate contacts to fully understand if and how this rulemaking affects them.

On April 19, the EPA released a major final rule listing PFOA and PFOS as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or ​“Superfund”). The listings will have profound consequences at thousands of cleanup sites across the country (new sites as well as those for which cleanup has been completed but now may be reopened). Given their broad usage and prevalence in soil and water nationwide, the introduction of PFAS to CERCLA’s liability scheme is almost certain to trigger cleanup cost-recovery actions against companies that previously have not been targeted in PFAS litigation. See more about CERCLA in the sidebar on page XX.

The EPA issued the National Primary Drinking Water Regulation (NPDWR) final rule on April 10, 2024, as the first legally enforceable drinking water standard to address PFAS compounds found in public water systems. It specifically established limits for six individual PFAS: PFOA, PFOS, PFNA, PFBS, PFHxS and HFPO-DA (often called “GenX” chemicals). The rule also limits mixtures of two or more of four of the chemicals: PFNA, PFHxS, PFBS and GenX chemicals. The rule sets the enforceable limit at 4.0 parts per trillion for PFOA and PFOS individually, and 10 parts per trillion for PFNA, PFHxS and GenX chemicals. These compounds are believed by the EPA to have serious adverse impacts on human health, and the rule requires that water facilities monitor, test and provide mitigation measures to remove these identified PFAS compounds. Funding was also made available to help cover the expense. While the EPA has provided grants and a timeline of around five years to help, this is a complicated and expensive issue. While there has been some success in building systems that can filter out some microparticles, they are very expensive to build and install.

The European Union banned PFOS and its derivatives under the Stockholm Convention in 2009 and restricted all use under its Persistent Organic Pollutants Regulation. Other international organizations and regulatory bodies including the EPA in the U.S. are in various states of similar bans or limits being set on a variety of PFAS compounds.

In addition to the EPA’s PFAS Reporting Rule, noted above, a number of U.S. states are also enacting strict reporting requirement for PFAS-containing products. Maine is leading the way with requirements for manufacturers to file reports on PFAS-containing products sold in the state by Jan. 1, 2025. Minnesota has a similar law in place.

Under the Maine law, the “manufacturer” of the product is responsible for reporting products defined as: “An item manufactured, assembled, packaged or otherwise prepared for sale to consumers, including its product components, sold or distributed for personal, residential, commercial or industrial use, including for use in making other products.” Product components are defined as identifiable components regardless of whether the final manufacturer of the product has manufactured that component.

Impact on Fluid Control Industry

While there are thousands of these chemicals, the valve industry relies on PTFE, FKM, FFKM as well as other high molecular weight fluoroelastomers and fluoropolymers as stated earlier. A complete ban of PFAS would be extremely detrimental.

The flow control industry uses these products due to their unique properties that provide sealing, emission barriers and other performance attributes in highly corrosive or high-temperature environments. Highly reliable performance is particularly important when access to the production system is difficult and dangerous, and to provide a safe and reliable production process which protects human life and the environment.

These products are used in the production of everyday products used by most all of us, including semiconductors, cell phones, food and beverages, pharmaceuticals, renewable energy systems, transportation, pulp and paper products, and more. They are also integral in the technology used in efforts to achieve zero carbon goals and in the production, transportation and storage of hydrogen. They are used because there is no better choice available that meets all the performance and safety requirements set by standard setting organizations or to meet regulatory or other compliance requirements.

PTFE (polytetrafluoroethylene), known largely by the trademark name of Teflon (owned by The Chemours Company) was initially discovered in 1938 when scientists at DuPont were working with gases related to refrigerants. The product was commercialized in 1946, and various industries found use for it in their final products.

If banned, the industry would have to find a replacement for it in the applications listed above, as well as most floating ball valve seats. It is also key to components that make fugitive emissions packings effective. Without these packings, much of the progress made in the last 50 years since the Clean Air Act was enacted could be lost.

There are currently no alternative chemicals or compounds that are commercially available as a one-to-one replacement in these products. Some experts have predicted it could take 20 years or more to develop a suitable alternative that is competitively priced and widely available for commercial use — if it is even possible. It is unknown if an alternative could be developed that contains all the same beneficial properties.

Reengineering current products is also not a viable alternative if PFAS are banned. In some cases where this could be possible, the size of any reengineered valve or other part would not be feasible. For example, actuators may need to become larger to overcome the additional friction to control the valves; piping systems would need to be redesigned to accommodate the larger actuators; and there would be increased maintenance and replacements needed in parts of the flow control systems. In other words, facilities and plants would need to be completely redesigned. And, even if that were feasible, current requirements on environmental protection, safety and other performance specifications may not be met. To put this in perspective, there are more than 1,200 natural gas compressor stations alone in the U.S. (found on the roughly 2 million miles of natural gas pipelines in the country) and an average compressor station could contain between 600 and 900 valves; refineries in the U.S. are estimated to have as many as 1 million valves in service.

Valve Manufacturers Weigh In

We spoke with several valve manufacturing companies recently and they are all concerned with the potential impact of a full PFAS ban. Concerns were raised in all areas — from supply chain availability, financial impacts, testing, engineering and more. The lack of a direct replacement available for widely used PFAS such as PTFE on the market today is also of concern. These companies are beginning some testing of alternatives to PTFE in their products, but so far there are no solutions.

This is a very complicated issue that impacts not just our industry but nearly every aspect of modern life in some way. It’s a complex issue with no one solution to satisfy everyone. Valve will continue to monitor the market and any legislative or regulatory impacts on the fluid control industry. VMA will also continue to work on behalf of its members at the federal and state level, and to provide updates, compliance materials and other resources to help its members address and manage the issues. See the lead-in on page X for more information.

SIDEBAR

U.S. Environmental Regulations Relevant to PFAS

There are several statutes the EPA and other agencies are reviewing to regulate and restrict PFAS, with nearly every state considering some type of law or regulation around PFAS. While much of the focus is on consumer materials which use PFAS, there are still implications for industrials. Here are some of the key acts and terms related to PFAS, and some information on reporting requirements which affect the industrial valve and flow control industry that are pending. The information was derived from the EPA website.

Safe Drinking Water Act (SDWA):

Updated on April 10, 2024 to address PFAS found in drinking water, the act requires public water systems to monitor for PFAS by 2027 and report on levels in their drinking water; implement reduction solutions for PFAS by 2029; and starting in 2029, public water systems that find PFAS in their drinking water must take action to reduce levels and provide notification to the public of the violation.

Toxic Substances Control Act (TSCA):

Enacted in 1976, the TSCA “provides EPA with authority to require reporting, record-keeping and testing requirements and restrictions related to chemical substances and mixtures.” As of January 2024, a final rule went into effect that requires companies to notify EPA if they plan to use one of 329 inactive PFAS, and the EPA may restrict this usage at its discretion.

On Oct. 11, 2023, the EPA issued the PFAS Reporting Rule requiring any entity that manufactures/imports or has manufactured/imported PFAS or PFAS-containing articles since January 2011 to report information regarding uses, production volume, disposal, hazards and more to the EPA by May 2025.

Emergency Planning and Community Right-to-Know Act (EPCRA)/Toxics Release Inventory (TRI) program:

The Toxics Release Inventory (TRI) tracks the waste management of certain toxic chemicals that may pose a threat to human health and the environment. U.S. facilities in different industry sectors must report annually how much of each chemical they release into the environment and/or managed through recycling, energy recovery and treatment, as well as any practices implemented to prevent or reduce the generation of chemical waste.

Currently, 196 individual PFAS are listed under the TRI program. Facilities that manufacture, process or otherwise use more than 100 pounds of these PFAS must report annually release and waste management information to EPA by July 1 covering the preceding calendar year. The EPA recently rescinded applicability of the de minimis exemption (which allowed companies to ignore concentrations of a substance for reporting purposes if present below 1%, or 0.1% for carcinogens). This change will result in extensive new reporting of PFAS that may be present in materials processed or otherwise used at a facility.

Strategic Roadmap: EPA’s Commitment to Action 2021-2024:

On Oct. 18, 2021, EPA Administrator Michael S. Regan announced the Agency’s PFAS Strategic Roadmap which addressed the “whole agency” approach to PFAS.

“The roadmap sets timelines by which EPA plans to take specific actions and commits to bolder new policies to safeguard public health, protect the environment, and hold polluters accountable. The actions described in the PFAS Roadmap each represent important and meaningful steps to safeguard communities from PFAS contamination. Cumulatively, these actions will build upon one another and lead to more enduring and protective solutions.”

Resource Conservation and Recovery Act (RCRA):

RCRA gives the EPA authority to “control hazardous waste from the ‘cradle-to-the-grave,’ including transportation, treatment, storage and disposal.” In February 2024, yhe EPA proposed two regulations that would add nine PFAS to the list of RCRA hazardous constituents and would provide the agency and authorized states authority to require cleanup of these substances.

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA):

Commonly known as a Superfund this was enacted in 1980. The EPA website says: “This law created a tax on the chemical and petroleum industries, and provided broad federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment.” Superfund cleanup sites have included former battery plants, decommissioned nuclear facilities and hazardous chemical spill sites. On April 19,2024, the EPA issued a final rule listing PFOA and PFOS as CERCLA​“hazardous substances.”

Clean Water Act (CWA):

First enacted in 1948 as the Federal Water Pollution Control Act, the CWA was expanded in 1972 and renamed. It has implemented pollution control standards and limits for wastewater and surface waters, and made it illegal to discharge pollutants into navigable waters without a permit. Currently PFAS are designated nonconventional pollutants.