EPA Publishes Updated Draft Method 1633 for Multimedia PFAS Analysis, DoD Requires Method
In July 2023, the U.S. Environmental Protection Agency (EPA), in partnership with the U.S. Department of Defense (DoD), published the 4th Draft of Method 1633 for analysis of 40 PFAS in aqueous, solid, biosolids, and tissue samples. Multi-laboratory validation has been completed for aqueous matrices, but validation for solid matrices and landfill leachate is ongoing. While EPA recommends use of the draft method, the method is not required for Clean Water Act (CWA) compliance monitoring until it has been finalized and promulgated through rulemaking. Method 1633 can be used for PFAS analysis in matrices including drinking water, wastewater, surface water, groundwater, soil, biosolids, sediment, landfill leachate, and fish tissue. The final version of the method is expected in late 2023.
On August 7, 2023, the DoD released a memorandum noting that all new contracts and tasks orders are required to use Draft Method 1633 for analysis of PFAS in matrices other than drinking water using a laboratory accredited for the method/matrix/analyte by the DoD Environmental Laboratory Accreditation Program (ELAP). ELAP-accredited laboratories are listed on the DoD Environment, Safety and Occupational Health Network and Information Exchange (DENIX) website.
EPA Publishes Semiannual Regulatory Agenda, Includes PFAS Plans
On July 27, 2023, the EPA published its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions, which includes the agency’s completed and planned regulatory actions. Proposed PFAS actions are included under the Safe Drinking Water Act (SDWA) and Toxic Substances Control Act (TSCA). Under the SDWA, the EPA plans to finalize a national primary drinking water regulation (NPDWR) for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) by the end of 2023. In March 2023, the EPA released a proposed rule that would establish maximum contaminant limits (MCLs) of 4 parts-per-trillion (ppt) for PFOA and PFOS. Under TSCA, the EPA plans to finalize a proposed rule on PFAS reporting and recordkeeping requirements by September 2023. The proposed rule would require persons that manufacture or import, or that have manufactured PFAS in any year since January 1, 2011, to electronically report information regarding PFAS uses, production volumes, disposal, exposures, and hazards.
Comments on EPA’s regulatory agenda are being accepted until September 25, 2023 and can be submitted online.
EPA Releases UCMR 5 and 2022 TRI PFAS Data
In July 2023, the EPA released the first set of data collected under the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5), which requires public water systems (PWSs) to sample for 29 PFAS in treated drinking water between 2023 and 2025. UCMR is used to collect data for contaminants that are suspected to be present in drinking water but do not have drinking water standards. Of note, PFOA and PFOS were measured at or above their drinking water health advisories of 4 ppt in samples collected from approximately 8% of PWSs. The EPA will continue to release UCMR 5 data quarterly as additional samples are collected.
On August 4, 2023, the EPA released a preliminary 2022 Toxics Release Inventory (TRI) dataset including data on 46 PFAS. The preliminary data have undergone basic data quality checks but not the complete TRI data quality process. The released TRI data include information about operational TRI facilities and quantities of substances on the TRI chemical list released into the environment. Approximately 1.2 million pounds of production-related waste associated with PFAS from 44 TRI facilities were reported in 2022, an 11% decrease from 2021. PFAS were first included as TRI-listed chemicals in 2020. The finalized TRI dataset will be released in October 2023 and an analysis of the TRI data will be released in early 2024.
EPA Rescinds Interim Guidance on Addressing PFAS-Impacted Groundwater
On August 17, 2023, the EPA rescinded its 2019 memorandum containing interim recommendations for addressing PFOA and PFOS in groundwater. The memorandum recommended screening sites with a Hazard Quotient of 0.1 for PFOA and PFOS and using 70 ppt as the preliminary remediation goal for PFOA and PFOS in groundwater that is a source for drinking water. In a notice, the EPA stated it is rescinding the memorandum because it “no longer reflects the best, currently available science.” Additionally, the EPA indicated that site managers can use “well-established processes” such as using EPA Regional Screening Levels to make site-specific decisions on PFAS.
EPA Seeks Input on Consumer Product PFAS Labeling
On July 27, 2023, the EPA issued a notice requesting public input on the expansion of two consumer product certification programs, Safer Choice and Design for the Environment (DfE). The Safer Choice program helps consumers find products containing ingredients that are safer for human health and the environment, whereas the DfE program helps consumers identify antimicrobial products that meet health and safety standards. Specifically, the EPA is considering expanding existing product categories and implementing a requirement that all certified products would not contain “intentionally added” PFAS.
Public comments on the proposed program changes are being accepted until September 11, 2023, and can be submitted online.
EPA Issues Test Order for PFAS Used in Chemical Manufacturing
On August 15, 2023, the EPA issued a third TSCA Test Order for PFAS. The order is part of the EPA’s National PFAS Testing Strategy and was issued to three companies. The companies are required to submit data on 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propanoyl fluoride (HFPO-DAF), which is used to manufacture organic chemicals including hexafluoropropylene oxide dimer acid (HFPO-DA, or GenX). According to TSCA data, more than 1,000,000 pounds of HFPO-DAF are produced each year. The Test Order aims to clarify the toxicology and potential exposures related to HFPO-DAF, including possible occupational exposures, potential to damage eyes and skin, and potential carcinogenicity. Prior to issuing the Test Order, the three involved companies voluntarily submitted existing data related to the impacts of HFPO-DAF on human health and the environment, which are publicly available in docket EPA-HQ-OPPT-2021-0903. The order follows a tiered testing process, and first-tier physicochemical testing data are required by September 2024.
Michigan Appeals Court Rules on PFAS Drinking Water Standards
On August 22, 2023, the Michigan Court of Appeals ruled in favor of 3M’s challenge of Michigan Department of Environment, Great Lakes, and Energy’s (EGLE) drinking water standards for seven PFAS, which would invalidate the standards. The Court of Appeals upheld a lower court’s 2022 ruling and found that EGLE failed to calculate costs associated with groundwater cleanup criteria automatically triggered by the drinking water rule and therefore was not in compliance with the regulatory impact statement requirements under the state’s Administrative Procedure Act. The drinking water standards will remain in effect until all appeals are exhausted, and the case may now go to Michigan’s Supreme Court for a final ruling.
Australia Holding Public Consultation on Proposed PFAS Scheduling
On July 21, 2023, the Australia Department of Climate Change, Energy, the Environment and Water (DCCEEW) opened public consultation on proposed scheduling decisions for PFOA, PFOS, and perfluorohexane sulfonate (PFHxS) under the Industrial Chemicals Environmental Management Standard (IChEMS). IChEMS provides a scheduling register ranging from Schedule 1 through Schedule 7, with Schedule 7 chemicals “likely to cause serious or irreversible harm to the environment with no essential uses.” DCCEEW has proposed to designate PFOA, PFOS, and PFHxS as Schedule 7 chemicals. IChEMS chemical scheduling is used to manage chemical use, storage, handling, and disposal in Australia.
Public consultation is open until September 1, 2023, and feedback can be submitted online.
Geosyntec Registration Discount Available for RemTEC and Emerging Contaminants Summit
The RemTEC and the Emerging Contaminants Summit is being held October 3-5 in Westminster, Colorado and will include PFAS presentations covering a variety of technical topics. Geosyntec is a proud Platinum Sponsor of the conference. Use Geosyntec discount code “GeoSynVIP” to receive 25% off the attendee registration rate.
