U.S. EPA Designation of PFOA and PFOS as hazardous substances under CERCLA

On April 17, 2024, EPA designated two per- and polyfluoroalkyl substances —perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), including their salts and structural isomers, as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). As a result of designation, CERCLA and EPCRA reporting requirements apply to releases of PFOA or PFOS or their salts and structural isomers. For additional information see https://www.epa.gov/epcra/designation-pfoa-and-pfos-hazardous-substances-under-cercla-release-reporting-requirements.

U.S. EPA Issues Final Drinking Water Standards for 6 PFAS Chemicals

On April 10, 2024, U.S. EPA finalized a new National Primary Drinking Water Regulation (NPDWR) establishing legally enforceable levels, Maximum Contaminant Levels (MCLs), for six PFAS in drinking water. PFOA, PFOS, PFHxS, PFNA, and HFPO-DA (Gen-X) as contaminants with individual MCLs, and PFAS mixtures containing at least two or more of PFHxS, PFNA, HFPO-DA, and PFBS using a Hazard Index MCL to account for the combined and co-occurring levels of these PFAS in drinking water. EPA also finalized health-based, non-enforceable Maximum Contaminant Level Goals (MCLGs) for these PFAS.

For additional information see: https://www.epa.gov/sdwa/and-polyfluoroalkyl-substances-pfas

EPA Finalizes New PM2.5 Rule

On February 7, 2024, the EPA finalized new annual NAAQS (National Ambient Air Quality Standards) that will reduce fine particulate matter (PM_2.5), sometimes known as “soot”, from 12 mcg/m³ to 9 mcg/m³. This marks the first time in a decade that the PM_2.5 rule has been revised and follows a June 2021 announcement by the EPA that the 2012 standards of 12 mcg/m³ appeared to be inadequate to protect public health and welfare.

If you have questions about how this new PM_2.5 standard may affect your facility, contact Woodruff and Howe Environmental Engineering (WHEE) here. WHEE has assisted clients from multiple industries across the U.S. with their air permitting and air pollution control solutions and would be happy to assist you as well.

PFAS Strategic Roadmap: EPA's Commitments to Action 2021-2024

On Oct. 18, EPA Administrator Michael S. Regan announced the agency’s PFAS Strategic Roadmap—laying out a whole-of-agency approach to addressing Per- and Polyfluoroalkyl Substances (PFAS). The roadmap sets timelines by which EPA plans to take specific actions and commits to bolder new policies to safeguard public health, protect the environment, and hold polluters accountable. The actions described in the PFAS Roadmap each represent important and meaningful steps to safeguard communities from PFAS contamination. Cumulatively, these actions will build upon one another and lead to more enduring and protective solutions.

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FDA Releases Update on PFAS Testing in Food Supply

The U.S. Food and Drug Administration has provided an update on its ongoing sampling and testing efforts designed to better understand the occurrence of per- and polyfluoroalkyl substances (PFAS) in the food supply. The foods tested in the FDA’s recent analysis were collected from the Total Diet Study (TDS), which monitors levels of nutrients and contaminants in foods consumed in the U.S. The foods tested in the FDA’s recent analysis represent a range of foods that are in the general food supply and are chosen to be representative of the major components of the average U.S. diet, based on national food consumption survey data. Read more about their findings in the article linked below:

FDA Provides Update on Ongoing Efforts to Better Understand the Occurrence of PFAS in the Food Supply | FDA

National Defense Authorization Act for Fiscal Year 2020 Includes Environmental Protection Requirement for PFAS Chemicals

New environmental monitoring, protection, reporting and remediation requirements for PFAS chemicals (Per- and Polyfluoroalkyl substances) are included in the recently enacted National Defense Authorization Act for Fiscal Year 2020, which was signed into law by President Trump on December 20, 2019. These new requirements include reporting of PFAS substances under SARA Title III Toxic Release Inventory (TRI) starting in calendar year 2020. The reporting threshold for the PFAS chemical class of substances is 100 pounds within a year. The National Defense Authorization Act for Fiscal Year 2020 can be accessed at https://www.govtrack.us/congress/bills/116/s1790/text