As the transition continues, it’s still uncertain what stance the new administration will take on PFAS. However, things should start to clear up as the U.S. EPA begins to take action on plans temporarily stalled under the Regulatory Freeze Pending Review. In this month’s PFAS News and Views, we look at what the future holds for several programs as well as several other items of interest to our PFAS clients.
PFAS Regulatory Freeze Ends for Some Rules
The regulatory freeze ends on March 21, 2025, for at least one category of rules – those that had been published in the Federal Register but had not yet taken effect. If the rule raises “no substantial question of fact, law, or policy,” the agency is not required to take any further action for the rule to go into effect as planned. We expect the automatic addition of 9 PFAS to the Toxic Release Inventory (TRI) as authorized by the National Defense Authorization Act (NDAA) to fall into this category.
60-Day Stay on PFAS Drinking Water Rules Coming to a Close
As reported by the Association of State Drinking Water Administrators (ASDWA), the court-issued 60-day stay on their suit challenging the EPA’s National Primary Drinking Water Rules (NPDWR) for PFAS is also ending. The agency must now respond to the suit by April 8, 2025.
The Impact of PFAS on Existing Superfund Sites
When the EPA designated PFOA and PFOS as hazardous substances under CERCLA last year, the action put more sites at risk of being added to the Superfund National Priorities List. Legal experts have repeatedly pointed to the rule’s impact on existing Superfund sites as well. Earlier this month, the American Bar Association published findings from a study on The Role of PFAS in CERCLA Five-Year Reviews.
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Biosolids Comment Period Extended
In January, the EPA issued a Draft Sewage Sludge Risk Assessment for PFOA and PFOS. The public comment period has been extended to April 16, 2025. The docket can be found here.
Comment Period Extended on the Addition of PFAS Methods to 40 CFR 136
In January, the EPA proposed Methods Update Rule 22. Elements of the proposal pertaining to PFAS include the addition of EPA 1633, EPA 1621, and ASTM D8421 to 40 CFR 136, further cementing the use of these methods in EPA regulatory actions. The comment period for Methods Update Rule 22 was extended to March 24, 2025.
Given the rapid and successful adoption of EPA 1633 and EPA 1621, we anticipate finalization of this Methods Update Rule soon. In addition, it is great to see ASTM D8421 added as well. Pace® was heavily involved in the development of ASTM D8421 and often uses it for the analysis of non-potable water when EPA 1633 is not required. It is a low-volume, less procedurally complex method that offers a faster turnaround time for our clients. Our team conducted a webinar on the method a few months ago, and we’d be happy to answer any questions you might have.
Watch: A Deep Dive Into ASTM D8421/EPA 8327
First Bill to Ban PFAS in Food Introduced in Maine
At least 12 states have already enacted bans or limits on PFAS in food packaging and another seven have introduced new or more restrictive bans in the 2025 legislative session. Now, Maine legislators have proposed a first-of-its-kind ban on PFAS in food itself. As introduced, S.B. 130 appears to be focused on protecting the public from PFAS in farm products while also protecting farmers from the financial burden for a problem they did not knowingly create.
Upcoming Webinars
Navigating PFAS in Drinking Water: Treatability Insights and Analytical Overview
On March 25th, I will be joined by Bryan Pate, CEO of LW Utilities, for an in-depth discussion on treatment and destruction technologies, test methods, and more. Register here.
Keep an Eye on State Actions
March has been relatively light in terms of EPA actions thanks to the regulatory freeze, but the situation is evolving rapidly at the state level. A quick check of the Safer States bill tracker shows that 170 PFAS-related laws have already been proposed in 2025. Granted, some of these proposals simply fund previously enacted bills. There is also some overlap, e.g., a similar bill proposed in both chambers of the state legislature. Nevertheless, it looks like PFAS is very much top-of-mind for state lawmakers. As these bills start making their way through the legislative process, I’ll provide updates on which bills are enacted into law and the impact they are likely to have on our clients. Stay tuned!
