It’s hard to believe, but Pace® PFAS News & Views is already in its fourth year of publication! This month, we decided to freshen up our style by dividing the monthly newsletter into four distinct sections: federal actions, state actions, topics of interest, and conferences & webinars. Our goal is to continue to provide relevant information to our clients, but in a format that is easier to scan and digest. As always, we will provide our perspectives as well. We hope you enjoy the new approach!
FEDERAL ACTIONS
Office of Research and Development Replaced
Several media outlets have reported the dismantling of the U.S. EPA’s Office of Research and Development (ORD). However, according to the agency’s official press release, the ORD is being replaced by the newly created Office of Applied Science and Environmental Solutions (OASES).
EPA Ordered to Re-evaluate ELGs in 7 Industries
As reported in the National Law Review, the U.S. Court of Appeals for the Ninth Circuit ordered the EPA to re-evaluate revising Effluent Limitation Guidelines (ELGs) for seven industries: Petroleum Refining, Organic Chemicals, Plastics, and Synthetic Fibers Manufacturing (OCPSF), Inorganic Chemical Manufacturing, Fertilizer Manufacturing, Pesticide Chemical Manufacturing, Plastics Molding and Forming Facilities; and Nonferrous Metals Manufacturing. While this order does not necessarily mean that the revised ELGs will be forthcoming or that they will include PFAS, several of these industries are prime targets for PFAS-related ELGs.
Case Against Primary Drinking Water Regulations Moves Forward
As we’ve been reporting nearly every month, the consolidated case against the EPA’s primary drinking water regulations has been on hold to give the new administrators time to review the facts of the case and decide how they want to move forward. On July 21, the agency filed a Motion to Govern Future Proceedings, asking for the case to be removed from abeyance. This allows the opposing parties to collaborate on how to proceed. The motion was unopposed, and both sides were given until August 1 to submit their proposals.
Bill Introduced in Congress to Set PFAS Limits in Drinking Water
In late June, H.R. 4168 was introduced in the U.S. House of Representatives. No doubt, one of the shortest bills ever introduced in Congress, the main clause simply reads: The final rule issued by the Administrator of the Environmental Protection Agency titled PFAS National Primary Drinking Water Regulation (89 Fed. Reg. 32532; April 26, 2024), as in effect on June 25, 2024, shall have the force and effect of law.
If passed, this law would uphold the current MCLs on PFAS set by the EPA under the Safe Drinking Water Act in 2024. While the legislation has a long way to go before it gets anywhere near the finish line, it is one to watch.
DOD Publishes Risk-Based Approach to PFAS
As requested by the U.S. House of Representatives under a 2024 appropriations bill, the Department of Defense (DOD) has published a report on its use of PFAS deemed critical. In this report, the DOD recommends taking a risk-based approach to PFAS that considers “the chemical/physical properties and exposure pathways.” In addition, the agency points out that PFAS play a critical role in the defense supply chain. Until suitable replacements can be found, the agency claims that driving U.S.-based chemicals companies out of the PFAS business could create a risk to national security if the only remaining viable sources are countries such as China.
KEY STATE ACTIONS
State Agency Actions
State legislatures often write high-level bills that give an agency the authority to determine the details and manage enforcement. Here are several state agency actions worth noting:
Minnesota – In response to stakeholder comments, the Minnesota Pollution Control Agency (MPCA) announced that it will be extending the reporting deadline defined in the state PFAS-in-Products law to July 1, 2026.
California – The State Water Resources Control Board has proposed revisions to the PFAS notifications level for PFOA and PFOS to 4 parts per trillion (ppt) each. The proposal also includes revising the notification level for PFHxA to 1000 ppt and the response levels for PFHxA and PFHxS to 10,000 ppt and 10 ppt, respectively.
Washington DOE ban on PFAS
The Washington State Department of Ecology (DOE) has been granted broad authority to add products to prohibit intentionally added PFAS in various product categories under the Safer Products for Washington program. In June, the agency announced the addition of several types of consumer products, including:
Apparel for extreme and extended use
Footwear
Gear for recreation and travel
Automotive waxes
Cookware and kitchen supplies
Firefighting personal protective equipment (PPE)
Floor waxes and polishes
Hard surface sealers
Ski waxes
The ban goes into effect on January 1, 2026, and manufacturers have until January 31, 2027, to report. In the rule, the detection of total fluorine is presumed to indicate the intentional addition of PFAS. Manufacturers will have the right to rebut the finding.
New Hampshire Expands
H.B. 566 was signed into law in New Hampshire. This bill requires permit applications for new landfills to contain a detailed plan for leachate management. While the law does not explicitly mention PFAS, it provides a vehicle for future PFAS management in the state.
OF INTEREST
There are always more interesting stories than we have space to comment on each month! Here are just a few recent articles of interest:
CDM Smith: Preparing for a Biosolids Management Crisis
Uncovering PFAS Contamination in Frontline Communities – Phase II of a report from the Waterkeepers Alliance, focusing on water samples upstream and downstream from wastewater treatment facilities and permitted biosolids sites.
Regulation of Advanced Recycling is at a Crossroad – This is an excellent article for anyone looking to better understand the PFAS-related challenges in plastic recycling.
Researchers study the presence of PFAS in ski racing areas
New research uncovers gene impacts of PFAS exposure in fire fighters
Clinical concerns about PFAS in dermatology
EVENTS AND WEBINARS
If you are in the area or attending one of these upcoming events, we would love to meet with you. Contact us to request a meeting.
Alabama Water and Pollution Control Association (AWPCA), Perdido Beach Resort, AL, August 11-13. I will be co-presenting a case study from one of our PFAS treatability pilot programs along with Scotti Wells from Insite Engineering on August 12, from 1:30 – 2:30.
Tribal Lands and Environment Forum, Minneapolis, MN, August 18-21. Isaac Schmidt will be the second speaker in a 1.5-hour time block, starting at 1:30 PM. His topic will be: Hidden Tool in the
PFAS Toolkit: EPA 8327/ASTM D8421/D8535, Faster TAT and Lower Cost.
2025 Georgia Environmental Conference, Jekyll Island, GA, August 20-22. At 4:30 on the 21st, I will be presenting a multi-media comparison between PFAS test methods EPA 1633 and EPA 8327/ASTM D8421.
Solid Waste Association of North America (SWANA), Region 6 Conference, Chattanooga, TN, September 9-12. I will be participating in a panel of PFAS experts at 10 AM.
Illinois Rural Water Association Conference, Springfield, IL, September 10-12. Paul Jackson, Pace® Program Manager, Environmental Compliance & Emerging Contaminants, will be conducting a session on PFAS MCLs, the “what, when, and how” at 11:15 on September 11.
NRWA WaterPro Conference, New Orleans, LA, September 15-17. On September 16, at 9:45, we will be co-presenting the case study from our PFAS treatability pilot programs.
Brownfield Coalition of the Northeast (BCONE) Northeast Sustainable Communities Workshop (NSCW), Schenectady, NY, September 17-18. Nick Nigro, Pace® PFAS Product Manager, will be participating in a panel of PFAS experts. Session time is TBD.
Georgia Chapter of the Solid Waste Association of North America (GASWANA) 2025 Fall Conference and Annual Business Meeting, Jekyll Island, GA, September 17-19.
North Carolina Pretreatment Consortium (NCPC) Annual Conference, Wrightsville Beach, NC, September 21-23. Brittany Neff and I will be representing Pace®.