Topic/Keyword: Sustainability News

OIA Expands Sustainable Business Innovation Programs

Sustainability has been central to OIA’s mission since 2007, when the first sustainability working group launched. Since then, our sustainability programming has continued to grow, fostering a culture of collaboration where members take the reins, determine the agenda, invest personally, and encourage partnership without succumbing to competitive barriers.

Last week at our OIA Sustainability All-Member Webinar, we unveiled several exciting new opportunities for all members to connect and collaborate with peers grappling with similar challenges. Through these collaboration opportunities, we can join hands and address the complexities of chemicals and climate together.

New Goals: OIA is leading the charge for a sustainable future

CAC Goal

Take bold, collective action against climate change by reducing and removing greenhouse gas emissions across the outdoor industry, carving a bold new path for others to follow. 

Why the change? CAC’s old goal was to “Become the world’s first climate positive industry by 2030, setting a bold example for others around the world to follow.” While we still stand by this goal in spirit, the sustainability landscape is rapidly evolving. The term “climate positive” is no longer widely used and, in some cases, is even prohibited under certain rules and regulations concerning sustainability claims. Our updated goal reflects the evolving sustainability landscape, the need to align with science, and the focus on greenhouse gas reduction in order to prevent catastrophic climate change. 

CCMC Goal

Blaze the trail in the innovation and adoption of safer chemicals that deliver functional, durable, and trustworthy materials and products to our customers. 

CCMC is approaching its one-year birthday. Chemical regulations continue to progress at a rapid and disjointed rate. However, our members are now more prepared than ever to comply thanks to CCMC’s community and expertise. This goal represents all of the progress that CCMC has made in the past year, and the coalition’s future aspirations for safer chemistry in the industry. 

New Program Requirements

Commit to Program Goals 
Share Annual Progress

New Resources: Our Evolved Offerings for OIA Members

For both CAC and CCMC, we aspire to offer our members: 

Guidance – Approachable guidance with the basics of what you need to know in order to make progress towards the program goal. 
Trainings – Virtual events to engage and instruct members on addressing chemical and climate impacts. 
Tools – Recommended and discounted tools to help you measure your impacts and keep track of important legislative timelines. 
Community – Online communities, in-person events, and other opportunities to connect with your industry peers. 
Collaboration – CoLabs aimed at specific impact reduction initiatives and Task Forces where members roll up their sleeves to discuss innovative solutions to shared challenges.

We hope that through these two programs, our members will: 

Comply with upcoming regulations 
Reduce industry emissions  50% by 2030 and achieve net-zero by 2050 (UNFCCC) 
Replace harmful substances with clean chemistry and materials

New Collaboration Opportunities: Let’s Work Together

As we move towards our sustainability goals, we must move together, as an industry. It’s in this spirit that OIA is launching more collaboration opportunities for our members to investigate challenges, implement solutions, and progress the industry.  

OIA Impact CoLabs: Pre-Competitive

Existing CoLabs (not recruiting): 

Tent Flammability (CCMC) – Change outdated laws in 7 states to no longer require flame retardants in tents  
Drinkware (CAC) – Carbon auditing, target setting, and decarbonization action planning for suppliers  
Clean Heat (CAC) – Creation of a decision support tool for the electrification of heating in textile plants   
Vietnam Renewable Energy (CAC) – Aggregated solar procurement for suppliers in Vietnam   
Virtual Power Purchase Agreement (CAC) – Aggregated solar procurement for owned and operated facilities (Scope 2)    
Carbon Leadership Project (CAC) – Carbon auditing, target setting, and decarbonization action planning for suppliers

New CoLab (recruiting): 

Developing: Philippines RE (CAC) – OIA is collaborating with Allotrope Partners once again to give members the opportunity to explore clean energy at the Dong In Entech facility in the Philippines

OIA Task Forces

Task Forces are member-led and member-driven teams dedicated to addressing specific challenges and producing specific deliverables within a set period of time. Here are the task forces OIA is currently offering members:

Aluminum Task Force
Hardgoods Task Force
PFAS Testing Task Force
Supplier Climate Principles Task Force
TSCA Task Force
Sustainability Policy Task Force
Recycled Inputs Task Force

To learn more about OIA Sustainability, visit our OIA webpage, or reach out to sustainability@outdoorindustry.org.

Sustainable Growth Strategies for Your Outdoor Brand this Earth Day

Picture this: a path where every step forward leads toward a sustainable future. That’s the trail the outdoor industry is blazing—one where the outdoor experience is protected, and our products resonate with purpose.

New EPA Reporting Rule to Require 12 Years of PFAS Data from Manufacturers and Importers

By James Pollack, OIA Clean Chemistry and Materials Coalition Legislative Advisor, Attorney at Marten Law

In October 2023, EPA finalized a rule that will require reporting on PFAS in all articles manufactured or imported into the United States from January 1, 2011 to December 31, 2022. You can view the rule here.

The final rule, adopted under the Toxic Substances Control Act, establishes this one-time reporting requirement. Manufacturers and importers of any articles containing PFAS must investigate and certify to EPA the amount of PFAS that they have manufactured or imported into the United States during the reporting period. The specific content of the report for each year will include the following information:

1). Chemical information such as:

a). Chemical identity of the PFAS in the article (the specific chemical name, if known, or otherwise a generic name or description of the PFAS if the specific chemical name is confidential business information or unknown)

b). Chemical identification number

c). Trade name or common name, if applicable, of the chemical

d). Representative molecular structure for any PFAS not in Class 1 of the Toxics Release Inventory

2). Import production volume of the imported article (in units or weight)

3). Industrial processing and use of the article, if any

4). Consumer and commercial use of the article, if any (e.g., product category, functional use of category, maximum PFAS concentration in product, whether children are intended users)

The above information reflects a more streamlined form available to article importers. Domestic manufacturers have a more detailed reporting obligation.

Who is covered under the new PFAS Reporting Rule?

The PFAS Reporting Rule covers nearly all importers and manufacturers. It only offers a narrow set of exemptions for products like pesticides, food, drugs, cosmetics, medical devices, as well as municipal waste importers. Otherwise, reporting is required.

How hard do you have to work to collect this information?

The due diligence standard for collecting information is “to the extent it is known or reasonable ascertainable.” That includes “all information in a person’s possession or control, plus all information that a reasonable person similarly situated might be expected to possess, control, or know.” Manufacturers and importers may also make reasonable estimates based on other information in their possession. EPA has issued several guidance documents further elaborating the standard.

What can I do about it?

Build a team with the knowledge and skills necessary to engage in this search. Appoint a team leader who can coordinate the search. Include a cross-section of business functions that may have knowledge of where to find relevant information—that may include product designers, supply chain relationship managers, marketers, and IT department members. Bring in outside expertise, including legal support, to help engage in this record search as well as to support in the documentation of the search. Make a comprehensive search plan, and document the search and conclusions in case that information is needed in the future.

What if my suppliers have the information?

It may be the case that your brand does not know the chemical content of your product, even if you know (or suspect) that the product contains PFAS. This can particularly be true for article importers, or those who work with specialized chemical suppliers that use proprietary chemistries. The PFAS Reporting Rule provides an entirely new process for joint reporting where a reporter can identify a relevant supplier that would be better positioned to provide EPA with information on the chemical content of the relevant product. Depending on the results of your due diligence efforts, joint submission may be the best path forward to provide responsive information to the agency.

Will my reported information be made public?

EPA plans to make portions of the information public so that state and federal agencies may set priorities for regulation and to help consumers avoid specific products. Whether or not EPA makes records public on its own, submissions may become subject to public records requests. EPA expects that the PFAS data it collects could potentially be used by the public, including consumers wishing to know more about the products they purchase, communities with environmental justice concerns, and government agencies to take appropriate steps to reduce potential risk. As a result, your brand may consider whether to submit a confidential business information (CBI) claim to protect submitted information.

What is the timeline for complying with this rule?

Overall, about 18 months. The submission period opens on November 12, 2024, with the general submission deadline on May 8,2025. Certain small manufacturers and importers will receive an additional six months to comply.

How can OIA support me?

We at OIA are committed to supporting members as they engage in this reporting process. OIA will keep its membership up to date on any developments and is looking to develop a guide to help brands understand their reporting obligations. Look out for that guide in the coming months.

Need support keeping up with chemical reporting rules and evolving sustainability legislation? Join OIA’s Clean Chemistry and Materials Coalition to access advice from legislative and chemicals experts along with a community of other outdoor brands, manufacturers, suppliers, and retailers working to eliminate and replace harmful chemicals from their supply chains.

About James Pollack

James Pollack is an attorney at Marten Law based in Seattle, WA, whose practice focuses on consumer product regulatory compliance, emerging contaminants, and environmental review. James leads the firm’s consumer products regulatory practice and helps consumer product manufacturers in a wide array of industries that are working to understand the complicated and shifting regulatory and litigation environments surrounding emerging contaminants. He has extensive knowledge on PFAS regulatory compliance at the federal and state level. James’s clients include textile and apparel manufacturers, outdoor recreational product manufacturers, food product manufacturers, and retailers. He also works with industry associations to update membership on regulatory developments.

Read more from James on PFAS:

About James

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Washington is Latest State to Ban PFAS in Consumer Products

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PFAS Phase-Out: 5 Key Steps for Your Outdoor Brand

By James Pollack, OIA Clean Chemistry and Materials Coalition Legislative Advisor, Attorney at Marten Law

Start your brand’s journey to eliminating per- and polyfluoroalkyl substances (PFAS), also known as Forever Chemicals.

You have probably started hearing a lot about PFAS, a large, complex group of synthetic chemicals found in various everyday consumer products like water-resistant clothing and cookware. A combination of regulatory requirements and consumer demand has created growing pressure on sectors worldwide to achieve PFAS elimination. States have proposed hundreds of potential laws and regulations targeting PFAS in a variety of consumer products. Many of these laws will impact outdoor brands that have used PFAS for durability as well as water and stain resistance. Intimidated? Don’t be. Together, we can replace existing products with more sustainable alternatives to provide customers with products that are just as reliable and durable.

1). Assemble your PFAS team

First and foremost, you have to build a dedicated team to effectively tackle PFAS phase-out. For the most comprehensive and holistic approach, I recommend bringing together a diverse group with a multiplicity of perspectives and expertise. While a chemicals expert may understand what needs to change about your product’s material composition, a designer will have insight into how materials fit into the product, marketing will help articulate why and how your outdoor brand is evolving its product, and sales will have to communicate the transition to buyers and consumers alike. Once you have a team assembled, appoint a champion who will take ownership of the initiative and lead it to fruition.

2). Understand the timeline for PFAS legislation

As PFAS chemicals are generally a state legislative issue for the time being, your brand will have to navigate different states with different deadlines for phase-out and elimination. For example, California’s ban on PFAS in textile articles goes into effect January 1, 2025, Vermont’s ban on all PFAS in food packaging, ski wax, and after-market fabric treatments goes into effect on July 1, 2024, and Minnesota’s ban on the sale of cookware, fabric treatments, juvenile products, ski wax, and food packaging with intentionally added PFAS goes into effect on January 25, 2025.

Once you have a grasp on the state regulations that apply to your product categories, it is important to align your product development cycle with upcoming regulatory deadlines.

Pro Tip: CCMC members have access to a constantly updated Regulatory Tracker to ensure members are aware of new and evolving deadlines around PFAS and other harmful chemicals.

3). Work with your suppliers on a PFAS phase-out plan

After aligning your product development cycle with your state’s regulatory timeline, you should work to communicate key deadlines with your suppliers. There’s a good chance that your suppliers are addressing similar requests from other brands and distributors, so leverage their expertise. Ask them about the alternatives to PFAS they’ve been using and the options that exist for sustainable material evolution.

4). Draw on expertise within the outdoor industry

The outdoor industry has a long history of working together to catalyze broader change and drive innovation. As catalysts, we know that we go farther, and faster, when we work together. In addition to your suppliers, you can leverage the expertise of lawyers, labs, consultants, and other outdoor brands to crystalize your PFAS phase-out strategy.

OIA’s Clean Chemistry and Materials Coalition is designed to support retailers, brands, manufacturers, and distributors in a way that is unique to their PFAS phase-out stage. We provide our members with scalable action plans for eliminating and replacing harmful chemicals and materials, delivering supply chain transparency, addressing recycling and emissions disclosures, and more. CCMC members also gain access to a community network of other brands working on the same challenges, and technical and legislative advisors (like myself) who are here to offer support. For more insight into how CCMC can support your brand, watch our introductory webinar.

5). Design and implement your ongoing PFAS and chemical compliance efforts

The last step, of course, is execution. Now that you have a team, a timeline, and a supportive community of peers and experts, it is time to begin the process of altering your products and supply chain to ensure they are compliant with a variety of state sustainability regulations. This may include steps like testing your product’s material composition, obtaining appropriate certifications, and implementing a restricted substance list. It is important to ensure that all your outdoor brand’s products meet regulatory requirements, so I recommend establishing inventory management practices to track different products’ PFAS phase-out life stages.

The path towards PFAS elimination is not linear–nor easy–but if we take one step at a time and work together, we can be catalysts for sustainable growth. If you’re looking for more robust support and a community to lean on, join me and the Clean Chemistry and Materials Coalition.