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EPA finalizes rule to require reporting of PFAS data to better protect communities

Oct 4, 2023, 13:11 PM by User Not Found

The U.S. Environmental Protection Agency finalized a rule on September 28 that will provide the EPA, its partners, and the public with the largest-ever dataset of per- and polyfluoroalkyl substances (PFAS) manufactured and used in the United States.

The reporting rule under the Toxic Substances Control Act (TSCA) is a statutory requirement under the FY 2020 National Defense Authorization Act (NDAA) that requires all manufacturers (including importers) of PFAS and PFAS-containing articles in any year since 2011 to report information related to chemical identity, uses, volumes made and processed, byproducts, environmental and health effects, worker exposure, and disposal to the EPA.

To effectively research, monitor, and regulate PFAS, the EPA is acting to better understand who is using PFAS, how they are being used, and in what quantities. This rule will produce actionable data that can be used by the EPA as well as state, local, and Tribal governments to craft policies and laws that protect people from dangerous forever chemicals.

Since the EPA proposed this rule in June 2021, the agency has provided multiple opportunities for public comment and stakeholder input, including a Small Business Advocacy Review Panel in April 2022 and an Initial Regulatory Flexibility Analysis released for public comment in November 2022.

The final rule expands on the definition of PFAS in the proposed rule to include 41 additional PFAS that were identified as being of concern. The EPA has determined that at least 1462 PFAS that are known to have been made or used in the United States since 2011 will be subject to the final rule, better capturing the important data the agency needs to protect human health and the environment from these chemicals.

The final rule also streamlines reporting requirements and reduces the burden for those who made or used small quantities of PFAS for research and development purposes and for those who imported PFAS contained in articles into the United States.

Data is due to the EPA within 18 months of the effective date of the final rule, with an additional six months for reports from small businesses that are solely reporting data on importing PFAS contained in articles.

Click here to read the rule.

NGWA has long been an industry leader in providing PFAS research, education, and resources to the public and scientific communities. The Association will host Groundwater in the PFAS Era: Stressors, Protection, and Compliance, April 16-18, 2024 in Tucson, Arizona.

Learn more about PFAS by visiting NGWA.org/PFAS, a resource center about the groundwater contaminants featuring a 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.

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

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. PFAS Risk Communication for Contractors is 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 well owners

PFAS and Private Well Owners: What You Need to Know is 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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