Late summer is often a slow time for regulatory agencies and state legislatures. State legislatures often take a break, and those serving in D.C. spend the weeks-long congressional recess to spend time with constituents back in their home districts. Nevertheless, a few notable PFAS actions have occurred over the last few weeks. In this month’s PFAS News and Views, we cover these important stories plus call out a couple of actions that did not make the cut in previous issues.
U.S. EPA Delays TSCA Reporting Requirements
Citing an inadequate allocation of budget resources, the EPA has extended the TSCA PFAS reporting period by 8 months – from November 2024 to July 2025. As noted in the federal register, reports already submitted or those in-process may need to be redone as the forms may change. One technical change was also made in 40 CFR 705.15(f)(1), changing the requirement for an OHT (Organisation for Economic Co-operation and Development Harmonized Template) from published reports to non-published reports.
U.S. EPA Defines Categorization Approach to PFAS
In 2019, 15 USC 8962 directed the EPA to develop a process for prioritizing which PFAS, or classes of PFAS, should be subject to additional research efforts based on the potential for human exposure, potential toxicity, and available information. In Science Direct, Computational Technology, Volume 31 (September 2024), the EPA documented how it plans to approach defining categories of PFAS and determining which compounds or groups of compounds warrant further toxicological testing and assessment.
While this news is not likely to have an immediate impact on any of our clients, the long-range ramifications could be significant. Instead of naming specific PFAS, as under CERCLA or NPDWR, the EPA could propose rulemaking covering broad categories of PFAS. Research is needed to support the rulemaking, but these steps may give us some indication of the direction regulators are headed.
Pentagon Requests Extension on the Implementation of PFAS-Free Foam
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The National Defense Authorization Act (NDAA) for Fiscal Year 2020 gave the Department of Defense (DOD) until October 1, 2024, to phase out PFAS-containing firefighting foam (AFFF). The DOD made huge strides toward that goal in September 2023 when they published a new specification (MILSPEC) for a fluorine-free foam (F3) that met their performance requirements.
However, as reported by the Government Accountability Office (GAO), the DOD is expected to request an extension due to a few unexpected hurdles, namely the cost of the foam and the cost of making the necessary modifications to equipment to be able to use the new F3. One observation of concern is that extreme temperatures – the kind that often accompany a chemical fire – limit the efficacy of the foam.
Reminder: Comments Due for the Interim PFAS Destruction and Disposal Guidance
In April of 2024, the U.S. EPA published revised Interim PFAS Destruction and Disposal Guidance. The public comment period remains open until October 15, 2024.
WHO Drops PFAS Guidance
In September 2022, the World Health Organization (WHO) issued a draft document entitled “PFOS and PFOA in Drinking-water,” in which they recommended guidelines of 100 ppt for PFOA and PFOS, individually or combined, and a provisional level of 500 ppt for all PFAS, with “all” being defined as the approximately 30 PFAS they considered measurable. They defended their guidance as being based on the science at the time but have now rescinded it with no timeline announced for the issuance of replacement guidance.
State PFAS Limits on Drinking Water
With state legislatures out of session, there has not been a lot of regulatory action in the last month. However, it is worth noting that many state regulatory agencies are revisiting already established Maximum Contaminant Levels (MCLs) and Maximum Contaminant Level Goals (MCLGs) for PFAS in drinking water to bring them in line with the U.S. EPA’s final MCLs set under the National Primary Drinking Water Regulations (NPDWR).
Some states are also making it clear that their current regulations remain in effect until the remediation requirements under NPDWR go into effect. So, for instance, if a state already has an action level of 10 ppt for PFOA, that action level and all the associated sampling requirements remain in effect even though the NPDWR gives Public Water Systems (PWSs) until 2027 to complete sampling and until 2029 to address any exceedances above the NPDWR MCL.
Connecticut Bans PFAS in Consumer Products
In our August PFAS News and Views, we covered several PFAS regulations passed in the states as legislatures headed out for their summer break. Here is one we missed:
On June 5, SB 292 was signed into law in Connecticut. This new law prohibits the sale or distribution of certain products containing intentionally added PFAS, including apparel, carpets or rugs, cleaning products, cookware, cosmetic products, dental floss, fabric treatments, children’s products, menstruation products, textile furnishings, ski wax, and upholstered furniture, as of July 1, 2026.
Landfills as a Source of PFAS
Landfills continue to be a concerning source of PFAS. Groundwater around a closed, unlined landfill, which accepted building materials from 1988 to 1995, was found to have elevated levels of PFOA, PFOS, and PFHxS. PFAS has also been found to be seeping from disposed lithium batteries in North Carolina and elsewhere. While the U.S. EPA has not yet designated PFAS as hazardous constituents under RCRA, these incidents could give them the evidence they need to gain widespread support for the move. In turn, this would have a major impact on many Pace® clients, including solid and liquid waste management professionals, municipalities, and industry.
As the Weather Cools Down, Our World Heats Up
Q4 is always a busy time, but this fall is unique. We are nearing the end of the U.S. EPA’s 4-year PFAS Strategic Roadmap, with some goals still unmet. In addition, state legislatures are reconvening, this time with more information about the hazards of PFAS and plenty of examples of legislation passed by other states. It may be difficult to predict what’s around the corner, but we know changes are coming. Whatever the future holds, we will be ready. Reach out to us if you have questions or would like to discuss a specific project.
