By April Day
The Biden Administration aims to address a class of chemical compounds called the “forever chemicals,” per and polyfluoroalkyl substances. These forever chemicals are used for different applications and products such as firefighting foam, nonstick cookware and waterproof clothing. Last October, the administration released the PFAS Strategic Roadmap, which spans from 2021 to 2024. The United States Environmental Protection Agency is taking an integrated approach that focuses on three goals: research, restrict and remediate. The EPA will invest in research, development and innovation to learn more about PFAS. Additionally, the EPA will look at ways to restrict PFAS entering the environment at levels that can adversely affect human health and the environment. These pathways include air, land and water. The roadmap also includes a goal to remediate PFAS contamination by broadening and accelerating cleanup efforts. So, what’s on the table for the PFAS Strategic Roadmap for the EPA’s Office of Water this year?
A major change in PFAS regulation is on the horizon: setting enforceable limits for PFAS in drinking water. Through the National Primary Drinking Water Regulation, the agency will set enforceable limits on two better known and studied PFAS: perfluorooctanoic acid, also called PFOA; and perfluorooctanesulfonic acid, also called PFOS. There are ongoing consultations with the Science Advisory Board for setting these enforceable limits and requiring ongoing monitoring. A proposed rule is expected to be published in the fall, and a final rule is expected by next fall in 2023. This timeline is shorter than required. The statutory deadline for the proposed rule is March 2023.
All public water systems may be impacted by EPA’s decision to set limits on PFOA and PFOS in drinking water. The EPA is still determining what economic impact this national primary drinking water rule will have on small or disadvantaged communities. The EPA will conduct a Small Business Advocacy Review Panel to engage small businesses, governments and nonprofits to provide advice and comments on how the rule will impact them. Two public meetings (March 2 and April 5) allow comments on environmental justice considerations in developing the regulation.
Proposing new drinking water standards for PFAS is not all that’s on the table this year. By spring of 2022, the EPA Office of Water expects to publish health advisories for GenX and perfluorobutane sulfonic acid, referred to as PFBS. These advisories will be based on final toxicity assessments. Tribes, states and local governments will be able to use these advisories to take appropriate action related to these two PFAS.
In summer of 2022, the EPA expects to enhance data that is available on PFAS fish tissue. This data will assist federal, state and tribal efforts to set advisories for PFAS in fish. Additionally, this data will provide better information about the impact of PFAS on aquatic environments.
The EPA Office of Water anticipates publishing improved analytical methods in the fall. These methods will enable monitoring 40 PFAS in eight different environmental matrices.
During the winter of 2022, the EPA Office of Water will seek to leverage the existing National Pollutant Discharge Elimination System permitting system to reduce PFAS discharges into waterways. Leveraging NPDES permits focuses on sources of PFAS discharges. The agency will look to get more comprehensive data through monitoring the sources as well as the quantity of PFAS discharged by sources. An errata sheet for the draft method with corrected text was made available in February. According to the EPA’s Clean Water Act Analytical Methods for Per- and Polyfluorinated Alkyl Substances (PFAS) web page, the agency appreciates comments on Draft Method 1633, the analytical method, that resulted in the errata sheet. The EPA further advises that if “stakeholders identify additional areas that need clarification, further revisions will be made.”
During winter of 2022, the agency will also publish final recommended ambient water quality criteria for PFAS for both aquatic life and human health. Tribes and states may use these criteria to develop standards, write permits and assess cumulative effects of PFAS.
During 2022, the roadmap aims to restrict PFAS discharges from industrial sources. Several industries, including organic chemical manufacturers, airports, and the rug and textile industry, will likely be affected, according to the Final Effluent Guidelines Program Plan 14, which includes an update on the PFAS Multi-Industry Study. According to the PFAS Strategic Roadmap, an Effluent Limitations Guidelines program that is multifaceted will set up national technology-based regulatory limits.
There are and will be multiple ways to engage the EPA’s regulatory process throughout the year. For instance, there are several due dates for submitting comments to the EPA regarding PFAS. For example, the agency has published a notice called the National Pollutant Discharge Elimination System Industrial Stormwater Fact Sheet Series with comments due March 29, 2022. There is also a notice called “Integrated Risk Information System Toxicological Review of Perfluorohexanoic Acid and Related Salts” with comments due April 5, 2022. For the upcoming proposed PFAS national drinking water regulation, US EPA has published “Meetings: Environmental Justice Considerations for the Development of the Proposed Per- and Polyfluoroalkyl Substances National Primary Drinking Water Regulation” with comments due April 21, 2022.
Among other information, documents of the proposed approaches for deriving the draft Maximum Contaminant Level goal for PFOA and PFOS are available on the EPA web page for the Science Advisory Board PFAS Review Panel Meeting of Dec. 16, 2021 to Jan. 7, 2022.
