The start of any new EPA administration brings a period of uncertainty as we all watch to see how the agency will carry out the mandate given to it by Congress. With the regulatory freeze officially over, things are starting to move forward. However, this month’s PFAS News and Views focuses on developing stories that could impact many of our industrial and commercial clients in the years ahead.
Time Runs Out on EPA’s CERCLA Review
Over the last few months, the U.S. EPA asked for several stays of pending legal challenges to the prior administration’s designation of PFOA and PFOS as hazardous substances under CERCLA. These stays were granted to give the agency more time to review the issue. The most recent stay ended on July 2, 2025, without an additional request for an extension. While the EPA appears to support the “polluter pays” philosophy of the previous administration, they have not issued an official statement on the matter as of yet. This is an evolving story that we will be watching closely.
Wisconsin Supreme Court: PFAS Hazardous Designation Not Required
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In June, the WI Supreme Court ruled that chemicals do not need to be formally designated as hazardous substances by the WI Department of Natural Resources (DNR) before ordering cleanup. In this case, the agency had issued a memo to a dry cleaner saying they now considered PFAS hazardous, without going through the formal process of designating PFAS as hazardous substances. While the dry cleaner was already aware of the contamination and working on remediation, the DNR ordered the business owners to test groundwater and submit the results. The Supreme Court overturned a lower court’s decision, saying that Wisconsin’s “spills law” gives the agency the power to order immediate testing and cleanup without going through the formal designation process. This case is worth noting as, if other states follow suit, it could have a significant impact on legal liability for a wide range of businesses.
Court Rules Against EPA on Effluent Limitation Guidelines (ELGs) Decision
Another case worth noting is the 9th Circuit Court’s recent determination that the EPA failed to properly consider important factors when it decided not to revise technology-based ELGs for seven industrial categories under ELG Plan 15. ELGs cover more pollutants than just PFAS, but of the seven industries named in the suit, at least one (organic chemicals, plastics, and synthetic fibers manufacturing) is likely to be the focus of PFAS-based ELGs. It’s now up to the EPA to determine how it will respond to the court’s decision.
Debate Continues Over PFAS in Pesticides
The approval of four chemicals by the EPA for use in pesticides has reignited the debate over which compounds are categorized as PFAS and which compounds are not. The approved compounds meet the definition of PFAS as outlined in many of the state bans in PFAS on consumer products, i.e., compounds containing at least one fully fluorinated carbon atom. However, the EPA’s working definition, as defined in the 2021 National PFAS Testing Strategy, includes compounds with at least two adjacent carbon atoms, where one carbon is fully fluorinated and the other is at least partially fluorinated. Further complicating the discussion, as reported by Chemical & Engineering News, the EPA’s Office of Pesticides defines PFAS as compounds with at least two saturated, fully fluorinated carbon atoms.
While the question of “What is a PFAS?” might not be resolved any time soon, these latest approvals could spark increased regulatory action at the state level. Maine has already banned intentionally added PFAS in pesticides as of 2030. Maryland has a proposed ban working its way through the state legislature. I wouldn’t be surprised to see more statewide bans on PFAS in pesticides proposed due to the EPA’s recent action.
Penn State Finds PFAS in Private Wells
A Penn State study of drinking water from 167 private wells found PFAS levels above the federal limits in 18% and detectable PFAS in 65% of wells. The results of this study can be found in the July issue of the Journal of Environmental Management. Excepting as required under New Jersey’s Private Well Testing Act, testing of private wells for PFAS is typically voluntary. However, a few states have begun to allocate funds to support property owners, so be sure to check with your local office of the environment or equivalent. You can also download our info sheet to learn more about PFAS testing of private wells: Should Private Wells be Tested for PFAS?
Upcoming Conferences
As usual, our upcoming conference schedule is absolutely packed. If you are in the area or attending one of these, 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. Presentation time is TBD.
Tribal Lands and Environment Forum, Minneapolis, MN, August 18-21.
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.
How can we help?
This is a time of great uncertainty. Even if we put aside the change in administration, the science of PFAS test methods, toxicity, and treatment is continually evolving. If our input or services can help you navigate the sea of new information and new regulations, don’t hesitate to reach out to us.
