U.S. Environmental Protection Agency Administrator Lee Zeldin outlined on April 28 multiple upcoming agency actions to address per- and polyfluoroalkyl Substances (PFAS).
They include the designation of an agency lead for PFAS as well as the creation of effluent limitations guidelines (ELGs) for certain PFAS and initiatives to engage with Congress and industry to establish liability framework that ensure polluters pay and receivers are protected.
“I have long been concerned about PFAS and the efforts to help states and communities dealing with legacy contamination in their backyards,” Zeldin said. “With today’s announcement, we are tackling PFAS from all of EPA’s program offices, advancing research and testing, stopping PFAS from getting into drinking water systems, holding polluters accountable, and providing certainty for passive receivers.”
The EPA stated its approach will provide the foundation and investment necessary for a toolbox that will help states and communities dealing with PFAS contamination and that there will be future actions regarding PFAS.
Strengthening the Science
- Designate an agency lead for PFAS to better align and manage PFAS efforts across agency programs
- Implement a PFAS testing strategy under Toxic Substances Control Act (TSCA) Section 4 to seek scientific information informed by hazard characteristics and exposure pathways
- Launch additional efforts on air related PFAS information collection and measurement techniques related to air emissions
- Identify and address available information gaps where not all PFAS can be measured and controlled
- Provide more frequent updates to the PFAS Destruction and Disposal Guidance — changing from every three years to annually — as EPA continues to assess the effectiveness of available treatment technologies
- Ramp up the development of testing methods to improve detection and strategies to address PFAS.
Fulfilling Statutory Obligations and Enhancing Communication
- Develop ELGs for PFAS manufacturers and metal finishers and evaluate other ELGs necessary for reduction of PFAS discharges
- Address the most significant compliance challenges and requests from Congress and drinking water systems related to national primary drinking water regulations for certain PFAS
- Determine how to better use RCRA authorities to address releases from manufacturing operations of both producers and users of PFAS
- Add PFAS to the Toxic Release Inventory (TRI) in line with Congressional direction from the 2020 National Defense Authorization Act
- Enforce Clean Water Act and TSCA limitations on PFAS use and release to prevent further contamination
- Use Safe Drinking Water Act authority to investigate and address immediate endangerment
- Achieve more effective outcomes by prioritizing risk-based review of new and existing PFAS chemicals
- Implement section 8(a)7 to smartly collect necessary information as Congress envisioned and consistent with TSCA, without overburdening small businesses and article importers.
- Work with Congress and industry to establish a clear liability framework that operates on polluter pay and protects passive receivers.
Building Partnerships
- Advance remediation and cleanup efforts where drinking water supplies are impacted by PFAS contamination
- Work with states to assess risks from PFAS contamination and the development of analytical and risk assessment tools
- Finish public comment period for biosolids risk assessment and determine path forward based on comments
- Aid states and tribes on enforcement efforts
- Review and evaluate any pending state air petitions
- Resource and support investigations into violations to hold polluters accountable.
Click here to read more from the EPA.
NGWA has long been an industry leader in providing PFAS research, education, and resources to the public and scientific communities. Click here to learn more.