PFAS Ban Extends to Oil & Gas Fluids
Regulations on per- and polyfluoroalkyl substances (PFAS) chemistries beyond environmental matrices have certainly expanded over the past year with more than a handful of states proposing, if not formally regulating, PFAS in consumer products. However, Colorado is the first state of note to include a ban on PFAS in oil and gas exploration materials. House Bill 22-1345 was signed by Governor Jared Polis in early June. Language in HB22-1345, the Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act, includes many consumer products and household items (matrices, cookware, carpeting, cosmetics) that we have seen elsewhere. Unique is the inclusion of hydraulic fracturing fluid, drilling fluids, and proppants, collectively termed “oil and gas products” in the bill. The law prohibits the sale or distribution of products that intentionally add PFAS chemistries on or after January 1, 2024, to oil and gas products. The term “intentionally” is further defined to mean PFAS chemicals that a manufacturer has added to a product and that have a functional or technical effect on the product. This includes breakdown products that are considered PFAS chemistries. PFAS is defined in Colorado Revised Statutes Title 25, 25-5-1302 (7).