TSCA Enforcement Alert: Unlisted PFAS in Ski Wax Products

Posted on 3/21/2022 by Lauren Scott

US EPA released an enforcement alert earlier this year after identifying several ski wax products sold in the US that contain per- and polyfluoroalkyl substances (PFAS) that are not listed on the Toxic Substance Control Act Chemical Substance Inventory (TSCA Inventory). The alert follows enforcement actions in which two ski product distributors allegedly imported PFAS-containing ski waxes in violation of TSCA.

The Agency published the notice to remind ski wax sellers to ensure that the products they sell do not contain PFAS that are not on the TSCA Inventory or have prohibitions on their use in sporting goods.

EPA recommends reviewing the product's Safety Data Sheet (SDS) or contacting a manufacturer or supplier for details about chemical identity information. Manufacturers and importers may also contact EPA's TSCA Hotline with additional questions about compliance.

TSCA Premanufacture Notification (PMN) 

Under TSCA, any person seeking to manufacture or import a new chemical substance for a non-exempt commercial purpose must submit a premanufacture notification (PMN) at least 90 days before manufacture, import, or processing of the chemical.

PMN submissions must include information like:
  • Chemical identity;
  • Structure and formula;
  • Production volume;
  • Byproducts and impurities;
  • Intended use;
  • Environmental release;
  • Disposal practices;
  • Human exposure; and
  • Test data on the effect to human health or the environment.
(See 40 CFR 720.45 and 720.50) 

Anyone who imports or manufactures a chemical that is not on the TSCA Inventory without submitting a PMN may be subject to potential enforcement actions and costly civil penalties.

On May 13, 2020, a well-known international ski equipment manufacturer was issued a civil penalty of $375,625 and ordered to complete a $1 million outreach project. According to EPA, there are 83 instances in which the company imported ski wax products containing PFAS that were not included on the TSCA Inventory or otherwise exempt for commercial purposes.

Vermont Prohibits PFAS in Ski Waxes and More

On May 18, 2021, Vermont Governor Phil Scott signed legislation into law that effectively prohibits the sale of certain products containing PFAS. The legislation bans these “Forever Chemicals” from ski wax, food packaging, firefighting foams, carpets, rugs, and aftermarket stain and water-resistant treatments.

The legislation went into effect on July 1, 2021. Manufacturers of food packaging, rugs, carpets (as well as related treatment products), and ski wax must phase out the use of PFAS in company products sold in Vermont by July 1, 2023.

The greater ski community has also shifted away from PFAS-containing ski waxes in recent years, due to concerns of inhalation and environmental pollution during application. The U.S. Ski & Snowboard joined the International Ski Federation (FIS) and International Biathlon Union (IBU) in banning the use of PFAS-containing ski wax in all competitions in the US starting with the 2020-21 ski and snowboard season.

Convenient, Effective Online EHS Manager Training

Managing site compliance with the many complex EPA programs that affect your business—from the Clean Air and Clean Water Acts to TSCA, EPCRA, CERLCA, and more—is a major challenge. If you’re new to the field or need an update on changing EPA rules, online training is a convenient way to quickly build in-depth expertise.

The Complete Environmental Regulations online course will prepare you to identify your site's liabilities and responsibilities under major environmental laws and regulations. This course is ideal for new EHS managers, environmental consultants, and anyone who wants clarity about how complex environmental requirements fit together. 

Or check out these courses on specific EPA programs:
TSCA Regulations Online
Clean Air Act Regulations Online
Clean Water Act & SDWA Regulations Online
Superfund and Right-to-Know Act Regulations Online 


Find a Post

Compliance Archives

Lion - Quotes

The instructor was probably the best I ever had! He made the class enjoyable, was humorous at times, and very knowledgeable.

Mary Sue Michon

Environmental Administrator

Lion is easily and consistently the best option for compliance training. I've learned new information from every instructor I've had.

Rachel Mathis

EHS Specialist

The instructor was great, explaining complex topics in terms that were easily understandable and answering questions clearly and thoroughly.

Brittany Holm

Lab Supervisor

The instructor did an excellent job presenting a very dry subject; keeping everyone interested and making it enjoyable.

Marc Bugg

Hazardous Waste Professional

The exercises in the DOT hazardous materials management course are especially helpful in evaluating your understanding of course information.

Morgan Bliss

Principal Industrial Hygienist

The course was very well structured and covered the material in a clear, concise manner.

Ian Martinez

Hazmat Shipping Professional

I was recently offered an opportunity to take my training through another company, but I politely declined. I only attend Lion Technology workshops.

Stephanie Gilliam

Material Production/Logistics Manager

Much better than my previous class with another company. The Lion instructor made sense, kept me awake and made me laugh!

Marti Severs

Enterprise Safety Manager

Having the tutorial buttons for additional information was extremely beneficial.

Sharon Ziemek

EHS Manager

The training was impressive. I am not a fan of online training but this was put together very well. I would recommend Lion to others.

Donnie James

Quality Manager

Download Our Latest Whitepaper

Use this guide to spot which tanks and substances are regulated under EPA's Underground Storage Tank program, and which are excluded as of October 2018.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.