2020 Environmental Real Estate IssuesSwix Sport USA (Swix USA), an affiliate of a Norway based sports equipment manufacturer, reached a Consent Agreement with EPA to resolve allegations of illegal importation of per- and polyfluoroalkyl substances (PFAS).  Under the Consent Agreement, Swix USA will pay a $375,625 civil penalty and develop a million dollar educational program.

Importing Products in Violation of TSCA
According to EPA’s news release, Swix USA violated the Toxic Substances Control Act (TSCA) on at least 83 occasions by importing ski wax products containing PFAS without complying with TSCA’s Premanufacturing Notice and Import Certification regulations.  EPA alleged Swix USA’s actions did not allow for review of the health and safety risks of the imported ski wax products containing PFAS.

The news release says that once the chemicals were identified, Swix USA immediately ceased importation of the products containing the PFAS and quarantined products in its control in the United States.

Million Dollar Educational Program
As part of the settlement, Swix USA will develop a Responsible Waxing Project (RWP), an outreach and training program with an estimated cost of one million dollars.  The RWP is aimed at (1) educating the ski racing community about PFAS chemicals in racing waxes and their impact on the environment; and (2) promoting the use of wax alternatives with lower environmental impact, including PFAS-free racing waxes. Another objective of the RWP is to educate and motivate the ski racing community to phase out (and ultimately eliminate) the use of PFAS-containing waxes in ski racing beginning with the 2020 ski season.

To see the news release, which has links to the Consent Agreement and information about EPA’s PFAS Action Plan https://www.epa.gov/newsreleases/epa-settlement-swix-sport-usa-resolves-tsca-violations-involving-pfas