Pace® PFAS News and Views – August 2024

The U.S. EPA may be reaching the end of its four-year PFAS Strategic Roadmap, but there are still a few loose ends to tie up. This summer also brought us plenty of state-level PFAS action as at least five states enacted bans on PFAS in consumer products. In this post, we look at some recent actions and those that might be taken before the end of 2024.

CERCLA Hazardous Substances Designation in Effect

The CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act/Superfund) Hazardous Substances designation of PFOA and PFOS went into effect on July 8^th. We created an Information Sheet on what the CERCLA designation means for our customers and how Pace® can help. Download the Info Sheet.

Fifth Round of UCMR 5 Data Released

In July, the U.S. EPA released another round of data from UCMR 5 (Fifth Unregulated Contaminant Monitoring Rule) and published an analysis on the UCMR 5 website. While the first round of sampling is not scheduled to be completed until December 2025, here are some key highlights:

• 6400+ Public Water Systems (PWS) have reported results.
• Of the unregulated contaminants, only lithium was found in concentrations above the reference limit. However, that was the case in nearly 25% of systems.
• 3400+ PWS have reported complete results for PFAS regulated under the NPDWR (National Primary Drinking Water Regulations). *
• Percentages of PWS with averages greater than the MCL include 9.1% - PFOS, 7.1% - PFOA, 0.0% - HFPO-DA, 0.8% - PFHxS, and 0.1% - PFNA.
• For contaminants included in the Hazard Index (HFPO-DA, PFHxS, PFNA, PFBS), 1.0% of those PWS reporting a full set of results had levels above the limitless value of 1.
• 11% of PWS reported one or more averages greater than the MCL set by the NPDWR. This is close to the EPA’s original estimate that 10% of PWS would need to take some remedial action. However, PWS still have until 2027 to complete NPDWR sampling and another two years after that to implement changes to address elevated levels of PFAS.

* Although the UCMR program typically deals only with unregulated contaminants, five PFAS were regulated after UCMR 5 had been finalized. The compounds are still included in UCMR 5 sampling requirements.

PFAS in Pesticides

In the past, we have reported on studies that found PFAS in pesticides not originally formulated with PFAS as an active ingredient. Researchers found that PFAS can leach from the containers used to store the pesticides. Now, a peer-reviewed study published by Environmental Health Perspectives has found PFAS make up 14% of the active ingredients in pesticides and were also listed as inert ingredients. The study includes tables of inert and active ingredients classified as PFAS, which may prove helpful when reading labels to assess PFAS in pesticide contents. Pace® also provides testing services that can analyze for PFAS in pesticides and other commercial/industrial products. Request a quote.

EPA Adds 12 PFAS to Fish Advisory Guidance

In July, the U.S. EPA added several PFAS to its fish advisory guidance for states, Tribes, and territories. Five PFAS were listed as Contaminants to Monitor for advisories: PFDA, PFHxS, PFNA, PFOA, and PFOS. Because oral toxicity values have been established for these compounds, the agency believes elevated levels warrant public notice. The agency also recommends gathering data on concentrations of seven additional PFAS for which toxicity values have not been established: PFDS, PFDoA, PFHpS, PFOSA, PFTeDA, PFTrDA, and PFUda (also referred to as PFUnA and PFUnDA).

Pace® offers PFAS testing in biota, including fish tissue. Contact us to request a quote or for more information on sampling and testing procedures.

What We’re Watching

In the second half of 2024, here are a few actions we will be watching for.

RCRA Hazardous Constituents Proposal - On February 1, the U.S. EPA proposed two new rules to address PFAS environmental contamination. The first proposal would designate 9 PFAS as hazardous compounds under the Resource Recovery and Conservation Act (RCRA). The second proposal seeks to amend the definition of hazardous waste under RCRA to give the EPA the authority to require corrective action, not only of substances identified as hazardous waste in the regulations but also of any substance that meets the statutory definition of hazardous waste. If finalized, these rules could significantly impact solid and liquid waste management and disposal practices.

U.S. EPA Information Collection Rule - The EPA recently proposed an Information Collection Rule (ICR) focused on PFAS in wastewater influent, effluent, and biosolids. If finalized, this rule will impact the country’s largest publicly owned treatment works (POTWS). Our recent webinar discussing this important proposal is now available on demand: US EPA Information Collection Rule (ICR) Proposal for PFAS and NPDES

State Limits and Bans on PFAS

The chart below shows state limits and bans enacted over the last couple of months.

On-Demand Webinars

Between visiting customer sites and attending conferences, our PFAS team delivered several webinars on key topics this summer. These are now available on-demand.

US EPA Information Collection Rule (ICR) Proposal for PFAS and NPDES

EPA PFAS Test Methods Are Now Final, What That Means for Wastewater and Solid Waste Professionals

Is PFAS Sample Cross-Contamination Caused by Sampling?

How Can We Help?

If you have questions about PFAS testing or our specific services, reach out to us. When you are ready, you can also request a quote for any of your testing needs.