EPA’s “major actions” on PFAS Contamination

EPA’s “major actions” on PFAS Contamination

US EPA administrator Lee Zeldin has outlined some planned actions to address per- and polyfluoroalkyl substances (PFAS). Further actions are envisaged later. The agency said that its actions are guided by three key principles. Under ‘Strengthening the Science’, it will:

• Designate an agency lead for PFAS to better align and manage efforts across agency programmes 
• Implement a PFAS testing strategy under 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 annual instead of three-year updates to the PFAS Destruction & Disposal Guidance
• Ramp up the development of testing methods to improve detection and strategies to address PFAS 

The second principle is ‘Fulfilling Statutory Obligations & Enhancing Communication’. This comprises actions to:

• Develop effluent limitations guidelines (ELGs) for PFAS manufacturers and metal finishers and evaluate other ELGs necessary to reduce 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 its 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 pays and protects passive receivers  

Finally, under ‘Building Partnerships’ the EPA vowed to:

• Advance remediation and clean-up 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 
• Provide assistance to states and tribes on enforcement efforts  
• Review and evaluate any pending state air petitions  
• Resource and support investigations into violations to hold polluters accountable