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engineering and construction management firm TRC. Image: TRC.
As state and federal PFAS regulations continue to increase, textile manufacturers must prioritize thorough record-keeping and create a long-term plan for their business to accommodate these regulations. At this year’s Advanced Textiles Expo and Emerging Technologies Conference (ETC) in Anaheim, Calif., education about new regulatory requirements for PFAS substances was a major theme.
Top of mind for industry participants is the looming U.S. Environmental Protection Agency (EPA) reporting deadline, which requires manufacturers, including importers of fabrics or articles containing PFAS, to report their past PFAS activities from Jan. 1, 2011, to Dec. 31, 2022. The original deadline was extended by the agency and is now Jan. 11, 2026, and for small manufacturers it is July 11, 2026.
A PFAS risk management plan
At the show-floor session, “PFAS and the Textile Industry,” Elizabeth Denly, PFAS initiative leader and chemistry director at global consulting engineering and construction management firm TRC, explained how to make the most out of the time companies have left before the EPA reporting deadline.
The first thing a company must do is to determine which PFAS reporting categories apply to its facility or facilities. The following entities must report on their past PFAS-related activities:
- Domestic manufacturers of PFAS
- Manufacturers using domestic or imported PFAS in reactions
- Manufacturers importing PFAS chemicals for processing
- Manufacturers importing PFAS articles
- R&D manufacturers of PFAS
Denly recommends not working with a regulator or a third-party to identify PFAS and doing it independently to avoid conflicts of interest or potential errors. The EPA is also encouraging companies to document due diligence throughout the rest of 2024, such as attending educational programs or webinars.
“Having a strategy allows stakeholders and operating companies in your business to respond to regulatory drivers consistently with your business goals being top priority,” Denly says.
Step one is to review facility operations, past use of PFAS, and the potential use of PFAS-containing substances. This first step is the most time-consuming and is where companies should be the most attentive and thorough in their reporting. Denly says to ask suppliers for data and documentation before answering “not reasonably known ascertainable.” She also notes that article importers and suppliers may not know the name of the PFAS in their articles, but the streamlined report format allows the use of generic PFAS names.
Next, companies should review regional PFAS data and other publicly available information, such as the EPA’s chemical data reporting site and Toxic Release Inventory. Then, they must characterize and prioritize potential PFAS risks and actively manage sites considered high risk, such as sites in areas with sensitive populations or near sensitive receptors, such as water supplies. They should also continue to monitor low risk sites.
Using this information, companies should create a conceptual model with PFAS sources, migration and exposure, among other factors. Finally, companies must create an overall PFAS risk management plan that considers current and future PFAS regulations and laws. A good risk management plan is always in flux, Denly says, and able to be updated as needed.
PFAS-free alternatives
Another important step in a PFAS risk management plan is finding PFAS-free alternatives. At the ETC Frank Keohan, senior technology manager at Bulger & O’Hearn, which was recently acquired by ORCO, led the session, “Textile Finishing Options Amid Tightening PFAS Regulations,” where he discussed these alternatives.
Specifically, alternatives are needed to replace PFAS-based finishes in critical applications, such as medical personal protective equipment, military apparel and equipment, chemical manufacturing, and emergency responder apparel and equipment. The U.S. Dept. of Defense has published a formal request for information (RFI) regarding the use of PFAS in textile-related defense materials, focusing on military textile uses that require oil repellency.
Keohan talked about three current alternatives to PFAS-based repellents. The least expensive option is hydrophobic waxes, but these are also the least durable and require heat to regain repellency after wetting. Then there are hydrophobic side chain polymers, which are analogous to PFAS-side chain polymer repellents, but they also need to be heated to regain repellency after wetting. Finally, there is polydimethylsiloxane, a silicone polymer, which does not need to be heated to regain repellency after wetting.
He also discussed the differences between fluorocarbon (FC) and fluorocarbon-free durable water repellents, such as the effect on water repellency after UV exposure. It was found that UV exposure reduces water repellency more in fluorocarbon-free C0-based repellents than FC-based repellents, and while C0-based repellents can repel water, they do not repel organic solvents or oil. Overall, C6-FC-based repellents outperform C0-based repellents and while FC-free oil repellency is possible, it’s not commercially viable, says Keohan.
State and federal regulations
Developing a PFAS risk management plan and considering PFAS-free alternatives will help companies as more state and federal regulations, such as the EPA reporting requirement, are enacted that involve record-keeping. While not every state has legislation prohibiting PFAS, many do, and they all have different requirements.
Maine enacted legislation prohibiting PFAS in all products by 2030, Minnesota will require reporting on PFAS in products beginning in 2026 and Rhode Island passed the Comprehensive PFAS Ban Act of 2024, which will ban textile articles and other products containing PFAS starting Jan. 1, 2027. Beginning earlier will help companies in the long run as the requirements of manufacturers continue to expand under regulations like these.
California is a state that shows strong dedication to reducing PFAS in the textile industry. Starting Jan. 1, 2025, the manufacture, sale or distribution of any textiles containing more than 100 ppm (parts per million) will be prohibited in the state, and Gov. Gavin Newsom recently signed the California Textile Recovery Act of 2024 (SB 707), which will significantly affect textile manufacturers.
The bill establishes a textile recycling program to combat waste that holds producers, who make $1 million or more in sales annually, responsible for the entire lifecycle of their textile products. It requires certain apparel and other textile products producers to establish a producer responsibility organization (PRO), which will fund statewide programs for the repairing, recycling and reusing of its textile articles.
PROs must submit an application and needs assessment to the state’s Dept. of Resources Recycling and Recovery by Jan. 1, 2026. The needs assessment must include environmental and public health data and an evaluation of the presence of PFAS in products to avoid contamination in the recycling process. If companies already have a PFAS recordkeeping strategy and plan, it will make it much easier for them to adapt to new and updating PFAS laws and regulations.
Upon approval by the department, PROs must implement the program no earlier than July 1, 2028, and submit a complete plan for the collection, transportation, repair, sorting and recycling and safe management of apparel and textile articles by July 1, 2030.
“SB 707 isn’t just about recycling; it’s about transforming the way we think about textile waste, says Sen. Josh Newman (D-Fullerton) in a press release. “The framework created by SB 707 will create new opportunities for every Californian to participate in a more sustainable future. By 2030, convenient drop-off locations for used textiles across the state will provide everyone with a free and simple way to be part of the solution. California is again at the forefront of innovation, proving we can lead the way in creating a circular and sustainable textile economy that benefits everyone.”
Megan Phillips is an associate editor with the Advanced Textiles Association. She can be reached at megan.phillips@textiles.org.