On February 8, 2024, the U.S. Environmental Protection Agency (EPA) published a Proposed Rule that would list the following nine PFAS as hazardous constituents under the Resource Conservation and Recovery Act (RCRA):
The Proposed Rule would allow the EPA and delegated states to pursue RCRA corrective actions such as investigation and cleanup for these PFAS at hazardous waste treatment, storage, and disposal facilities. The EPA has identified 1,740 facilities that could be impacted by this rule involving industries such as chemical manufacturing and waste management. The Proposed Rule would not list PFAS as a RCRA hazardous waste under 40 CFR section 261.11(a)(3), and the EPA has not proposed to make PFAS a RCRA listed or characteristic waste. Public comments on the Proposed Rule can be submitted online until April 8, 2024.
Separately, the EPA published another Proposed Rule to “…modify the definition of hazardous waste as it applies to cleanups at permitted hazardous waste facilities. This modification would assure that EPA’s regulations clearly reflect EPA’s and authorized states’ authority to require cleanup of the full range of substances that RCRA intended, including emerging chemicals of concern, such as PFAS, that may present substantial hazards, at permitted facilities.” Public comments on the Proposed Rule can be submitted online until March 11, 2024.
In January 2024, the EPA finalized draft Methods 1621 and 1633 for the analysis of PFAS in several types of media. Method 1621 is for the determination of adsorbable organic fluorine (AOF) in aqueous matrices by combustion ion chromatography. This method is designed to measure the aggregate concentration of organofluorine, organic compounds that contain a carbon-fluorine bond, at the part per billion level. The non-selective nature of Method 1621 detects both PFAS and non-PFAS fluorinated compounds such as pesticides and pharmaceuticals. Method 1633 is for the targeted analysis of 40 PFAS in aqueous, solid, biosolid, and tissue sample matrices by liquid chromatography and tandem mass spectrometry. The EPA states that “…while the method is not nationally required for Clean Water Act compliance monitoring until the EPA has promulgated it through rulemaking, the EPA recommends it now for use in individual permits.”
In an Order filed on February 8, 2024, U.S. District Judge Richard Gergel approved a $1.2 billion class action settlement between more than a dozen water utilities and the chemical companies DuPont de Nemours, Chemours, and Corteva. The settlement addresses the contamination of public water systems by PFAS and is part of a multi-district litigation that includes water providers, property owners, and individuals with personal injury and medical monitoring cases. The court is separately reviewing a separate $10.3 billion class action settlement between water providers and 3M.
On January 23, 2024, Connecticut’s Attorney General filed two lawsuits against PFAS and aqueous film-forming foam (AFFF) manufacturers related to PFAS pollution within the state. Both complaints include similar counts, including public nuisance, trespass, and negligence, and the complaints seek injunctive and monetary relief, including compensation for all expenses paid by the state in responding to PFAS pollution. Similar lawsuits were filed in 2023 by attorney generals in Arkansas, Illinois, and Maine against manufacturers of PFAS and AFFF for alleged contamination in their respective states, and the lawsuits seek similar relief.
On January 30, 2024, the New Zealand Environmental Protection Authority announced a ban on the use of PFAS in cosmetic products effective December 31, 2026. The decision amends Schedule 4 - Table 2 of the Cosmetic Products Group Standard to phase out PFAS ingredients and change the scope of the group standard. The Cosmetic Products Group Standard covers a wide range of cosmetic products for the face, body, and hair. The ban defines PFAS as containing at least one CF3- or -CF2- group without any hydrogen, chlorine, bromine, or iodine attached to the molecule with exceptions for certain short-chain substances containing a single CF3- or -CF2- group. With this announcement, New Zealand joins individual states in the U.S. that have also banned PFAS in cosmetics including California, Colorado, Minnesota, Oregon, and Washington.
Webinars presented by Geosyntec practitioners covering a broad range of PFAS topics including case studies, forensics, litigation, site investigation, treatment, stormwater management, regulations, and toxicology and risk assessment are available on demand at www.geosyntec.com/pfas-webinars and www.geosyntec.com/webinars/on-demand-webinars. Registration is free and professional development hours are available for attendees.