European Chemicals Agency Publishes Proposal to Ban PFAS in the EU
On February 7, 2023, the European Chemicals Agency (ECHA) published a proposal that would restrict the use of approximately 10,000 PFAS in the European Union (EU). The proposal was submitted to ECHA on January 13, 2023, by authorities in Denmark, Germany, the Netherlands, Norway, and Sweden, and a media briefing was held on February 7, 2023, concurrent with its publication. The proposal would restrict the manufacture, sale, and use of any substance that contains at least one fully fluorinated methyl (CF3-) or methylene (-CF2-) carbon atom that does not have any hydrogen, chlorine, bromine, or iodine attached to it. If passed, the proposal will ban the most common uses of PFAS such as in cookware, clothing, food packaging, and cosmetics. The proposal includes a 5-year phase out process for uses where alternatives are known but not widely available, and a 12-year phase out process for uses where alternatives are currently unknown.
A six-month public consultation period is planned to begin on March 22, 2023, and an online information session on the proposal and consultation process is planned for April 5, 2023. A final rule is expected no earlier than 2025, and if passed, the rule would likely go into effect in 2026 or 2027.
Health Canada Proposes Objective for PFAS in Drinking Water
On February 7, 2023, Health Canada released a proposed objective for PFAS in drinking water. Drinking water objectives define “a goal for a maximum level of a contaminant in drinking water, taking into account available treatment technology and analytical methods” and are used to reduce exposure while the Guidelines for Canadian Drinking Water Quality are revised. An objective of 30 ng/L is proposed for the sum of PFAS in drinking water as measured by U.S. Environmental Protection Agency (EPA) Method 533, Method 537.1, or both. Alternatively, other analytical methods can be validated and applied if they quantify at least 18 PFAS. Health Canada also recommends that drinking water treatment plants strive to maintain PFAS concentrations as low as reasonably achievable (ALARA).
Public comments on the proposed objective are being accepted until April 12, 2023 and can be emailed to water-eau@hc-sc.gc.ca.
EPA Proposes Rule to Prevent Manufacture, Use of Inactive PFAS
On January 26, 2023, the EPA proposed a significant new use rule (SNUR) under the Toxic Substances Control Act (TSCA). As described in a news release, the SNUR would “prevent companies from starting or resuming the manufacture, processing or use of an estimated 300 PFAS that have not been made or used for many years without a complete EPA review and risk determination.” These PFAS, which are designated as “inactive” in the TSCA Inventory and have not been used since 2006, were historically used as binding agents, surfactants, and in the production of sealants and gaskets.
Public comments on the SNUR are being accepted until March 27, 2023 and can be submitted online.
EPA Distributes Bipartisan Infrastructure Law Funding to States to Address PFAS
On February 13, 2023, the EPA announced the availability of $2 billion to address emerging contaminants, including PFAS, in drinking water through the Emerging Contaminants in Small or Disadvantaged Communities (EC-SDC) Grant Program. Funds, which are provided to states, can be used for infrastructure, source water treatment, and water quality monitoring. The funding comes from the Infrastructure Investment and Jobs Act (H.R.3684), also known as the Bipartisan Infrastructure Law, which was signed into law in November 2021. The Infrastructure Investment and Jobs Act provides $5 billion to the EC-SDC Grant Program, which will be allocated through 2026. The EPA has released an Implementation Document for the grant program to provide additional information on how to access the funding.
DoD Releases Military Specification for Fluorine-Free Foam, FAA Alerts Airports
On January 6, 2023, the U.S. Department of Defense (DoD) released a military specification (MIL-PRF-32725) for the purchasing and use of fluorine-free foam. The specification requires that the PFAS content, as measured by EPA Draft Method 1633, be less than 1 part per billion. The National Defense Authorization Act (NDAA) for Fiscal Year 2020 (S.1790) required the DoD to release a military specification for fluorine-free foam by January 31, 2023, and ensure a fluorine-free foam meeting the specification be available for use by October 1, 2023. Additionally, the NDAA prohibits the use of aqueous film-forming foam (AFFF), which by default contains PFAS, at military installations after October 1, 2024.
On January 12, 2023, the Federal Aviation Administration (FAA) released a CertAlert to Title 14 CFR Part 139 Airport operators informing them of the new military specification. In the alert, the FAA noted it will “accept the airport operator’s use of the new F3 extinguishing agent at Certificated Part 139 airports once the agent passes the military performance standard.” Currently, no fluorine-free foam has completed the certification process for the military specification. Once certified, foams will be listed on the U.S. Navy’s Qualified Products’ List and Qualified Products’ Database.
EPA to Hold Listening Sessions on PFAS CERCLA Enforcement
The EPA’s Office of Enforcement and Compliance Assurance (OECA) is hosting two public listening sessions on potential PFAS enforcement under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund) on March 14 and March 23, 2023. The sessions will provide an opportunity for input on a CERCLA PFAS enforcement discretion and settlement policy, which is being developed by the EPA and is “aimed at addressing stakeholder concerns and reducing uncertainties by clarifying when EPA intends to use its CERCLA enforcement authorities or its CERCLA enforcement discretion.” Written comments related to the listening sessions can be submitted online until March 31, 2023.
Illinois Attorney General Files Lawsuit Against PFAS Manufacturers
On January 31, 2023, Illinois Attorney General Kwame Raoul filed a lawsuit against 14 companies that manufacture PFAS and PFAS-containing products in Illinois. As described in a press release, the lawsuit alleges the PFAS manufacturers have “caused widespread contamination and injuries to Illinois’ natural resources” and seeks to recover natural resource damages and other monetary damages to identify, monitor, and remediate PFAS in Illinois. The Illinois Environmental Protection Agency detected PFAS in 152 community water supplies through statewide drinking water sampling, and the complaint alleges PFAS have also impacted groundwater and surface water not used for drinking water in the state.
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/on-demand-webinars. The webinars are free to view and professional development hours are available.
