Understanding PFAS Chemicals: Navigating the Facts and Regulatory Landscape

March 14, 2024

PFAS

Current PFAS Regulatory Landscape

EPA PFAS Strategic Roadmap

On October 18, 2021, EPA Administrator Michael Regan announced the Agency’s PFAS Strategic Roadmap; and agency approach to addressing PFAS. The roadmap sets timelines for EPA to take specific actions and commit to new policies to safeguard public health, protect the environment, and hold polluters accountable.

The EPA issued a Second Annual Progress Report in December 2023 that updates and reinforced the regulatory actions for PFAS.

The technical and regulatory landscape for PFAS is evolving rapidly. Here’s additional information and a brief summary of other PFAS-related regulatory actions during 2023:

  • EPA proposed to establish legally enforceable levels for six PFAS known to occur in drinking water, fulfilling a foundational commitment in the Agency’s PFAS Strategic Roadmap. Learn more about the proposed rule.
  • Under the Toxic Substances Control Act (TSCA) section 5, EPA is required to review new chemicals, including new PFAS and new uses of PFAS, within 90 days, assess the potential risks to human health and the environment of the chemical, and make one of five possible risk determinations. When potential risks are identified, EPA must take action to mitigate those risks before the chemical can enter commerce. Read more.
  • EPA issued an Advance Notice of Proposed Rulemaking (ANPRM) asking the public for input regarding potential future hazardous substance designations of PFAS under CERCLA, also known as Superfund.  This request for input and information follows EPA’s September 2022 proposed rule to designate two PFAS — perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers — as hazardous substances under CERCLA. Learn more about the advance notice.
  • EPA proposed an Inactive PFAS Significant New Use Rule that would prevent anyone from manufacturing, processing, or using any of an estimated 300 PFAS that have not been made or used for many years, known as “inactive PFAS” without a complete EPA review and risk determination.  In the past, these chemicals may have been used in many industries as binding agents, surfactants, sealants, and gaskets, and may also have been released into the environment. Without this proposed rule, companies could resume use of these PFAS absent notification to and review by the EPA. Read more.

Final Effluent Limitations Guidelines Plan 15 

  • In January 2023, EPA released its final Effluent Limitations Guidelines (ELGs) Plan 15, including a determination that revised ELGs and pretreatment standards are warranted for reducing PFAS in leachate discharges from landfills. Plan 15 also announced an expansion of the ongoing study of PFAS discharges from textile manufacturers and a new study of POTW influents to publicly owned treatment works.

PFAS Analytic Tools 

  • EPA released a new interactive webpage, called the PFAS Analytic Tools, which brings together multiple sources of information on PFAS in one place. These tools help the public, researchers, and other stakeholders better understand potential PFAS sources in their communities.

State & Federal PFAS Regulations Impacting Business & Industrial Activities

  • National Drinking Water Standard
  • CERCLA Hazardous Substance Designation of PFOA and PFOS
  • Industrial Wastewater Discharges to local Wastewater Treatment Plans (WWTPs)
  • Stormwater discharges under National Pollutant Discharge Elimination System (NPDES) permits.
    • For example, South Carolina’s Department of Health and Environmental Control (SCDHEC) will require an evaluation of potential PFAS content in discharges for permit renewals starting September 1, 2023
  • Industrial operations generating regulated wastes under the Resource Conservation and Recovery Act (RCRA). February 2024 Update.
  • Toxic Release Inventory (TRI) reporting
  • Addition of at least PFOA and PFOS as hazardous substances under CERCLA

S&ME PFAS Services

S&ME is actively guiding our clients and partners through regulatory and business impacts from impending PFAS regulations.

Our PFAS services include:

  • Site Characterization including preparing site-specific PFAS Sampling Plans to generate defensible data
  • Due Diligence Services for properties involving PFAS sources including landfills, industrial properties, fire training facilities, car washes and others
  • PFAS Data Evaluation and Forensics including statistical analysis and fingerprinting
  • Interfacing with Regulatory Agencies on PFAS-impacted sites
  • Compliance and Business Risk Solutions including permitting support
  • PFAS sampling activities adhering to strict quality standards

Contact Us

For more information on PFAS services, please contact S&ME Senior Engineer + PFAS Technical Lead, Lucas Barroso-Giachetti.

Categories: