EPA Seeks Input on Listing Additional PFAS as Hazardous Substances Under CERCLA
On April 12, 2023, the United States Environmental Protection Agency (EPA) released for public comment an Advance Notice of Proposed Rulemaking (ANPRM) on the potential classification of additional PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Consistent with EPA’s PFAS Strategic Roadmap, in September 2022, the EPA Office of Land and Emergency Management proposed to list perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) as hazardous substances under CERCLA; EPA is expected to finalize this action in 2023. The newly issued ANPRM requests information and comments on listing seven additional PFAS as hazardous substances: perfluorobutane sulfonic acid (PFBS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA), perfluorobutanoic acid (PFBA), perfluorohexanoic acid (PFHxA), and perfluorodecanoic acid (PFDA). In addition, precursors to PFOS, PFOA, and the seven additional PFAS are being considered as hazardous substances under CERCLA, as well as potential class definitions of PFAS. Comments, concerns, and applicable data are being accepted until June 12, 2023 under Federal Register Docket ID number EPA-HQ-OLEM-2022-0922.
EPA Releases Draft IRIS Toxicological Review for PFDA and Finalizes PFHxA Toxicological Review
On April 10, 2023, EPA announced the release of the external review draft of the IRIS toxicological review of perfluorodecanoic acid (PFDA) and its related salts. The draft lifetime oral reference dose (RfD) for noncancer effects is 4 × 10−10 mg/kg-day, based on endpoints of decreased serum antibody concentrations in children and decreased birth weight which showed nearly identical points of departure. This proposed RfD for PFDA is lower than RfDs for PFOS and PFOA that provide the basis for June 2022 interim updated drinking water health advisory. A 60-day public comment period is open through June 9, 2023.
Additionally, EPA released the final report for the toxicological review of perfluorohexanoic acid (PFHxA) and related salts. The lifetime oral RfD for noncancer effects is 5 × 10⁻4 mg/kg-day based on the decreased offspring body weight in neonatal rats. The RfD for PFHxA is unchanged from the draft RfD value released in February 2022 indicating that PFHxA is less toxic than PFOS and PFOA. EPA also concluded that there is inadequate information currently to determine the carcinogenic potential of PFHxA.
Reported PFAS Production Declined From 2010 To 2019
According to an EPA review of the 2020 Chemical Data Reporting (CDR), while the number of sites reporting PFAS manufacturing or imports more than doubled over the past decade, the total amount of PFAS produced decreased. EPA described trends in reported PFAS use and manufacturing for the period between 2010 to 2019. Over this period, the number of sites reporting PFAS use or manufacturing increased by 53% (from 12 to 18 sites), while production volume decreased by 13%. In 2019, 625 million pounds of PFAS were manufactured domestically and 54 million pounds were imported. Of the 219 chemicals identified by EPA as PFAS, 118 chemicals were produced domestically and 57 chemicals were imported. The EPA uses the CDR data, along with information from the Toxics Release Inventory and other sources, to inform decisions about risks posed to human health and the environment from chemical manufacturing. CDR is required under the Toxic Substances Control Act (TSCA).
U.S. Chamber of Commerce Proposes Alternatives to Designating PFAS as CERCLA Hazardous Substances
On April 6, 2023, industry groups led by the U.S. Chamber of Commerce published a summary of existing cleanup authorities and alternatives to CERCLA for EPA to address PFOS and PFOA. The report noted that the CERCLA hazardous substance designation may trigger unintended consequences and impacts, both economic and practical, on companies and communities across the nation including an increase in lawsuits, slowdowns for existing cleanups and property developments, as well as an increase in expenses incurred to minimize liabilities. The report lists other ways that the EPA can address PFAS contamination, including using its existing authorities under CERCLA, RCRA, and the Safe Drinking Water Act, all of which have been used in the past to require remedial actions for PFAS under specific conditions.
Geosyntec Technical PFAS Webinars Available on Demand
Webinars presented by Geosyntec practitioners covering a broad range of PFAS topics including site investigation, treatment, forensics, stormwater management, and toxicology and risk assessment are available on demand at www.geosyntec.com/pfas-webinars and www.geosyntec.com/webinars/ondemand-webinars. The webinars are free to view and professional development hours are available from our training department.
