CONFERENCE RECAPS: FOREVER CHEMICALS
PFAS in ports Chemistry, commerce and compliance in a shifting regulatory landscape
W hen Anya Kwan, Associate at Best Best & Krieger LLP, took the stage to dis- cuss PFAS and their implications for ports, she opened with a warning — and a promise. “I’m going to be talk- ing to you about PFAS in ports,” she said. “I have a chemistry background, so there will be a couple science lessons in here… But it’ll be okay. We’ll get through it.” Her presentation blended chem- istry, global trade trends, and a rapidly evolving legal framework to help port leaders understand the risks and responsibilities surrounding per- and polyfluoroalkyl substances — better known as PFAS. What are PFAS? PFAS stands for per- and polyfluoro- alkyl substances, a class of more than 12,000 entirely synthetic compounds. “There’s no natural form of PFAS that exists,” Kwan explained. These chem- icals are valued for their durability and resistance to oil, water, and heat. They are used in semiconductor manu- facturing, firefighting foams, food packaging, stain-resistant fabrics, and non-stick cookware. “It’s everywhere. So it’s really ubiquitous,” she said. That ubiquity is precisely the prob- lem. Many PFAS are highly persistent in the environment and have been linked to significant health effects. While not all compounds have been studied, research on the most well- known PFAS has identified asso- ciations with “increased cholesterol, reproductive effects… up to cancers, specifically prostate, kidney, and tes- ticular cancer.” The chemical stability that makes PFAS commercially useful also makes
trend isn’t that great of a trend to rely on yet,” Kwan cautioned. While PFAS production continues, there is “a general shift to move away from PFAS in manufacturing” in the United States, albeit not across all sec- tors. In fact, she pointed out that the U.S. Environmental Protection Agency (EPA) recently approved its first PFAS- containing pesticide, underscoring the complexity of the issue. International conventions: The U.S. stands apart Kwan next turned to international regulatory frameworks. The Stockholm Convention, a global treaty addressing persistent organic pollutants (POPs), has about 190 signatories — “but again, the U.S. is not included.” Under the Convention: • PFOS is restricted under Annex B (limited production and use). • PFOA and PFHxS are listed under Annex A, which calls for elimina- tion, though temporary exemptions may be granted while alternatives are developed. She noted an important development: the addition of long-chain perfluoro- carboxylic acids as a regulated class. “This is the first regulation internation- ally of a class of PFAS,” she said. Given the sheer number of PFAS compounds, regulating by class “is really interest- ing… and probably a better way to regulate 12,000 different compounds.” Kwan also referenced the Basel Convention, which requires notifi- cation for transboundary hazardous waste shipments, and the Rotterdam Convention, which mandates labeling of certain hazardous chemical exports. Currently, the Rotterdam Convention applies to PFOA and PFOS.
them environmentally persistent — earning them the label “forever chemicals.” A quick chemistry lesson Kwan briefly distinguished between two major types of PFAS: perfluoro- alkyl and polyfluoroalkyl substan- ces. The difference lies in molecular structure. Perfluoroalkyl substances are fully fluorinated; every carbon atom is bonded to fluorine. “The carbon- fluorine bond is very, very hard to break,” she noted. As a result, these compounds tend to remain stable and intact in the environment. Polyfluoroalkyl substances, by con- trast, contain some carbon-hydrogen bonds. These are more prone to break- ing down, potentially forming multiple derivative compounds. “It’s a little bit more complicated on how the environ- mental impacts play out,” she said, because breakdown products can vary. This distinction is increasingly rel- evant to regulators, who must decide whether to regulate individual chem- icals or entire classes. Trade trends: A subtle shift Kwan presented trade data showing a modest decline in PFAS imports and exports in recent years. Between 2022 and 2024, the United States saw a shift away from polyfluoroalkyl substances and toward more stable perfluoroalkyl substances. Exports of both types declined overall. Globally, countries such as China, the United States, and Japan reduced PFAS trade volumes between 2023 and 2024, though others — includ- ing India, Malaysia, Canada, and Australia — saw increases. “A two-year
March 2026 — PACIFIC PORTS — 41
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