Per-and polyfluoroalkyl substances (PFAS) continue to significantly impact the textiles industry, making it more important than ever to stay abreast of any regulatory changes. This was the theme of the education session led by Amy Berg, partner at Ice Miller LLP, and Elizabeth Denly, vice president, PFAS initiative leader and chemistry director at TRC Companies.
PFAS monitoring is a tightrope to walk, especially because “PFAS” doesn’t mean the same thing in every context. “It’s a frustrating area because the definition changes depending on who you’re working with,” says Berg.
That said, any PFAS will tend to be bioaccumulative and the compounds themselves are very effective at what they do. Among the many recent PFAS regulatory proposals Berg shared was the addition of nine PFAS to the list of hazardous constituents under the Resource Conservation and Recovery Act (RCRA)
While the rule is set to finalize in April 2026, Berg noted that the Environmental Protection Agency (EPA) often doesn’t meet its deadlines—and this fall’s government shutdown almost guarantees this will be the case.
Denly’s half of the presentation focused on the realities of PFAS use in textiles and how companies can manage their risk profile. Not only is there a looming concern over financial liability, but increased public awareness about PFAS can put a brand’s reputation at risk.
Among Denly’s recommendations was a call to encourage key decision makers to launch a risk liability assessment/review for the business. While it isn’t urgent yet, some testing may be necessary in the future.
Companies who have taken on this type of project should do so under attorney-client privilege, according to Denly. However, even if someone external is assisting in a review, Denly says “the company has to be involved every step of the way.”
Information about confirmed regulatory changes and educational materials are available on ATA’s PFAS Resource Center: https://www.textiles.org/education/pfas-resource-center/.