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EPA announces new framework to prevent new PFAS from entering the market

Jun 30, 2023, 11:29 AM by User Not Found

The U.S. Environmental Protection Agency announced on June 29 its framework for addressing new — and new uses of existing — per- and poly-fluoroalkyl substances (PFAS).

The framework outlines EPA’s planned approach when reviewing new PFAS and new uses of existing PFAS to ensure that, before these chemicals are allowed to enter into commerce, the EPA will undertake an extensive evaluation to ensure they pose no harm to human health and the environment. The framework supports the Biden-Harris administration’s commitment to address the impacts of these forever chemicals and advances the EPA’s PFAS Strategic Roadmap.

Under the Toxic Substances Control Act (TSCA), section 5, the EPA is required to review new chemicals, including new PFAS and new uses of existing PFAS, within 90 days, assess the potential risks to human health and the environment of the chemical, and make one of five possible risk determinations. When potential risks are identified, the EPA must take action to mitigate those risks before the chemical can enter commerce.

New PFAS present a challenge for the EPA to evaluate because there is often insufficient information to quantify the risk they may pose and consequently to make effective decisions about how to regulate them. Many PFAS are known to persist and bioaccumulate in the environment and people, and pose potential risks not only to those who directly manufacture, process, distribute, use, and dispose of the chemical substance, but also to the public, including communities that may be exposed to PFAS pollution or waste in already-overburdened communities. This framework will be used to qualitatively assess PFAS that are likely persistent, bioaccumulative, and toxic (PBT) chemicals.

Under the framework, the EPA expects that some PBT PFAS will not result in worker, general population, or consumer exposure and are not expected to result in releases to the environment, such as when PFAS are used in a closed system with occupational protections as is generally the practice in the manufacture of some semiconductors and other electronic components.

In such a negligible exposure and environmental release scenario, if the EPA can ensure that such PBT PFAS can be disposed of properly and no consumer exposure is expected, the EPA generally expects to allow the PFAS or the new use of an existing PFAS to enter commerce after receiving basic information, such as physical-chemical property data, about the substance. If the initial data cause concern, then the EPA will require additional testing and risk mitigation before moving forward.

For PBT PFAS that are expected to have a low but greater than negligible potential for release and environmental exposure, the EPA generally expects to require test data in addition to physical chemical properties, such as toxicokinetic data, before allowing manufacturing to commence. If initial test results cause concern, then the EPA will require additional testing and risk mitigation before moving forward.

For PBT PFAS that are expected to lead to exposure and environmental releases, and absent a critical use or military need for the substance that necessitates limited and restricted manufacture while testing is ongoing, the EPA generally expects that the substance would not be allowed to enter commerce before extensive testing is conducted on physical/chemical properties, toxicity, and fate. For example, use of PFAS in spray-applied stain guards inherently involves releases to the environment. If the test results cause concern, then the EPA could require additional testing and risk mitigation before moving forward or could prevent the substance from being manufactured at all.

By distinguishing uses that could result in environmental releases and those with expected worker, community, or consumer exposure from those that won’t, as well as requiring upfront testing for many PFAS, the application of the framework will help ensure that any new PFAS won’t harm human health and the environment. At the same time, it also will allow certain PFAS to be used when exposures and releases can be mitigated, and where such use is critical for important sectors like semiconductors. These policy changes are aligned with the EPA PFAS Strategic Roadmap and help prevent any unsafe new PFAS from entering the environment or harming human health.

The data the EPA will obtain on physical/chemical properties for any new PBT PFAS under this framework, and more extensive toxicity and fate data for PFAS with potential exposures or releases, will also support EPA’s efforts under the National PFAS Testing Strategy and advance the agency’s understanding of PFAS more broadly.

The framework will apply to new PFAS or new use notices that are currently under the EPA review, as well as any that the EPA may receive in the future. This summer, the EPA will offer a public webinar about the framework. The date, time, and registration information will be announced soon. Click here to learn more about the framework.

NGWA has long been an industry leader in providing PFAS research, education, and resources to the public and scientific communities. Learn more by visiting NGWA.org/PFAS, which is a complete resource center about the groundwater contaminants featuring a recently updated top-10 facts sheet, a position paper, and more.

Also found there is Groundwater and PFAS: State of Knowledge and Practice, which NGWA published in 2017 and is one of the first PFAS guidance documents to be released. The Association hosted its second conference last year in Westerville, Ohio, focused entirely on PFAS science and remediation.

PFAS, or per- and polyfluoroalkyl substances, is a category of human-made chemicals that have been widely used in a variety of products and industries, such as firefighting foams, protective coatings, and surfactant applications among many other uses and products. This website section provides information on PFAS particularly oriented toward private wells and the water well industry to help you understand the sources and occurrence of PFAS in groundwater. If you are concerned about the possibility of PFAS in your drinking water and are served by a private well, both NGWA and the U.S. Environmental Protection Agency recommend testing your drinking water as well as reaching out to your local health department for information.

As an authority on groundwater in the United States, NGWA is a leader in the science of PFAS affecting this important natural resource. Directed by a standing task group dedicated to advancing the knowledge of this emerging topic, NGWA’s PFAS initiatives include hosting PFAS conferences focused on groundwater and publishing multiple products (technical guidance documents, white papers, fact sheets, position papers) related to PFAS, groundwater, and the water well industry.

The last several years have seen a flurry of wide-ranging legislation concerning PFAS (per- and polyfluoroalkyl substances) from Capitol Hill and state legislatures. NGWA has been a key resource on not only providing the sound science to inform policymakers about these “forever chemicals,” but also providing solutions that our members’ expertise can provide to ensure our groundwater resources are safe and reliable. While we agree states have a right to manage and regulate PFAS based on their unique circumstances, we also feel the federal government must provide clearer and scientifically researched guidance on PFAS treatment and disposal. 

NGWA continues to advocate for:

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  • Supporting a bipartisan solution that creates a maximum contaminant level — or MCL — for PFOA (perfluorooctanoic acid) and PFOS (perfluorooctanesulfonic acid) based on the best available science
  • Dedicating financial and technical resources to private well owners for testing and remediating PFAS
  • Properly funding PFAS programs and solutions to ensure our groundwater is safe and reliable
  • Advanced guidance from the EPA on the treatment and disposal of PFAS.

PFAS: Top 10 Facts

Download PFAS: Top 10 Facts. 

PFAS: The Truth About Water Wells position paper

NGWA published this position paper in 2022 that provides facts about PFAS and how water wells can still provide safe water because effective residential-scale PFAS treatment technologies are commercially available. It is ideal for sharing with local, state, and federal officials. Download the position paper.

Practical Guide for PFAS Sampling white paper

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The NGWA white paper, Practical Guide for PFAS Sampling, provides a practical guide to PFAS sample collection for those familiar with industry-standard environmental field sampling practices.

Groundwater professionals may be called on to sample for PFAS analysis and to interpret PFAS laboratory data. The presence of PFAS in many products, potentially including products commonly used in environmental field sampling efforts, should be considered when planning a PFAS sampling program, and this document provides a guide for such programs.

PFAS Fate and Transport 2021 white paper

NGWA’s white paper, PFAS Fate and Transport 2021, updates section four of the NGWA guidance document, Groundwater and PFAS: State of Knowledge and Practice, which was published in 2017.

Since the release of that guidance document, many studies have investigated PFAS (per- and polyfluoroalkyl substances) transformation, partitioning, and transport; for example, the influence of PFAS accumulation at media interfaces, such as the air-water-solid interfaces in the vadose zone.

This white paper picks up where that section of the guidance document left off by providing important updates.

PFAS risk communication

In 2017, NGWA published Groundwater and PFAS: State of Knowledge and Practice. Created by 36 NGWA volunteers, it was a comprehensive document that summarized current knowledge and science at the time about the fate, transport, remediation, and treatment of PFAS, as well as current technologies, methods, and field procedures.

As a groundwater professional, you may need to inform a customer of the potential for PFAS contamination in their well water and subsequent actions to mitigate exposure. NGWA recently published “PFAS Risk Communication for Contractors,” a two-page fact sheet to aid groundwater professionals in such communications. The document features common questions that may be asked and talking points that may be of assistance.

PFAS and private wells

NGWA recently published “PFAS and Private Well Owners: What You Need to Know,” a two-page fact sheet that groundwater professionals can distribute to customers and others in their community concerned about PFAS. Written in easy-to-understand language by groundwater professionals, it explains what PFAS are, how to test wells for PFAS, treatment options, and more.

NGWA guidance document

NGWA published Groundwater and PFAS: State of Knowledge and Practice, a guidance document on PFAS in 2017. Created by 36 NGWA volunteers who spent 1100 hours on it over the course of 12 months, it is a comprehensive eight-part piece exploring the potentially hazardous, and widely discussed, compounds in groundwater and soil. NGWA published the document to identify the known science and knowledge related to PFAS; it summarizes the fate, transport, remediation, and treatment of PFAS, as well as current technologies, methods, and field procedures.

Water and soil guidelines and regulations

Click here to be redirected to a website where the Interstate Technology and Regulatory Council (ITRC) maintains fact sheets on PFAS along with Excel® spreadsheets that contain PFAS water and soil regulatory and guidance values by state and federal agencies.

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