EPA Finalizes Rule on Inactive PFAS Reentering Commerce
On January 8, 2024, the U.S. Environmental Protection Agency (EPA) finalized a Significant New Use Rule (SNUR) disallowing the use of 329 inactive PFAS without review by the EPA. The Toxic Substances Control Act (TSCA) considers a substance inactive if it has not been manufactured or processed in the U.S. since June 21, 2006. The effective date of this rule is 60 days after publication in the Federal Register, on March 11, 2024. After this rule takes effect, any proposed use of these inactive PFAS requires submission of a Significant New Use Notice (SNUN) to the EPA for review to determine if the new use presents an unreasonable risk to human health or the environment. In June 2023, the EPA released a framework for evaluating PFAS SNUNs and Premanufacture Notices (PMNs).
OMB Completes Review of Proposed Rule Listing PFAS as RCRA Hazardous Constituents
On December 21, 2023, the White House Office of Management and Budget (OMB) completed its review of an EPA proposed rule to list four PFAS as hazardous constituents under the Resource Conservation and Recovery Act (RCRA). Once finalized, the rule would grant regulators the authority to require investigation and cleanup of perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorobutane sulfonic acid (PFBS), and hexafluoropropylene oxide-dimer acid (HFPO-DA, also known as GenX) at certain regulated waste facilities. Following its review, OMB indicated that the rule would unlikely have “an annual effect on the economy of $200 million or more.” On December 5, OMB completed its review of a related proposed rule clarifying that substances listed as hazardous constituents under RCRA’s Appendix VIII, including PFAS, are subject to the law’s corrective action program.
EPA Adds Seven PFAS to the TRI Chemical List
On January 9, 2024, the EPA announced the automatic addition of seven PFAS to the list of chemicals in the Toxics Release Inventory (TRI). Facilities in designated industry sectors that manufacture, process, or otherwise use TRI chemicals above set quantities are required to report data on the quantities of these chemicals released into the environment or managed as waste. The National Defense Authorization Act (NDAA) for Fiscal Year 2020 established a framework for adding PFAS to the TRI annually, and a total of 196 PFAS have been added so far. The following seven PFAS were added to the TRI chemical list for the 2024 TRI Reporting Year:
- Ammonium perfluorohexanoate (CAS No. 21615-47-4);
- Lithium bis[(trifluoromethyl)sulfonyl] azanide (CAS No. 90076-65-6);
- Perfluorohexanoic acid (PFHxA) (CAS No. 307-24-4);
- Perfluoropropanoic acid (PFPrA) (CAS No. 422-64-0);
- Sodium perfluorohexanoate (CAS No. 2923-26-4);
- 1,1,1-Trifluoro-N-[(trifluoromethyl)sulfonyl] methanesulfonamide (CAS No. 82113-65-3); and
- Betaines, dimethyl(gamma-omega-perfluoro-gamma-hydro-C8-18-alkyl) (CAS No. 2816091-53-7).
Data for the 2024 TRI Reporting Year are due to the EPA by July 1, 2025.
EPA Publishes OTM-50 for Sampling and Analysis of Volatile Fluorinated Compounds
On January 19, 2024, the EPA published Other Test Method 50 (OTM-50) for sampling and analysis of a total of 30 volatile fluorinated compounds (VFCs). The method includes sampling from stationary sources using passivated silicon ceramic lined stainless-steel canisters. Stainless steel Summa canisters have not been evaluated for OTM-50. The 30 target VFCs were selected to measure those commonly emitted from vents or stacks. This list includes known industrial products and products of incomplete PFAS combustion/destruction. OTM-50 compliments OTM-45 for the sampling and analysis of semi-volatile PFAS and VFCs and can support a variety of emissions monitoring applications, including thermal PFAS destructive technologies (e.g., incineration).
EPA Recommends Considering Vapor Intrusion Risks for Volatile PFAS at Impacted Locations
In a November 2023 report titled Subsurface PFAS Distribution at Two Contaminated Sites, the EPA stated “…PFAS vapor intrusion (VI) assessment is warranted at facilities where high PFAS concentrations are present or suspected in shallow soils and groundwater.” The report documents an EPA multimedia PFAS investigation conducted at a PFAS manufacturing site in New Jersey and a closed municipal solid waste landfill in Georgia. At the New Jersey site, PFAS were observed in soil, soil gas, and groundwater. In soil gas, PFAS concentrations were observed at concentrations above those in ambient air, and generally fluorotelomer alcohols (FTOHs) and secondary fluorotelomer alcohols (sFTOHs) were measured at the highest concentrations. The authors acknowledged that while the presence of PFAS in soil, soil gas, and groundwater indicate the potential for a VI pathway, concurrent indoor air measurements are needed to confirm a VI pathway.
Minnesota Sets Cancer-Based Values for PFOS and PFOA and Lowers Non-Cancer Health-Based Values
On January 16, 2024, the Minnesota Department of Health (MDH) announced the establishment of cancer health-based values (HBVs) and the lowering of non-cancer HBVs for PFOA and PFOS. Minnesota defines a HBV as the concentration of a chemical or mixture of chemicals that is likely to pose little or no risk to human health. The MDH cited new research related to vaccine-efficacy and decreased birth weights that prompted the development of the new HBVs aimed to protect vulnerable populations, including pregnant people, fetuses, infants, and children. The MDH established cancer-based HBVs for PFOA and PFOS at 0.0079 ppt and 7.6 ppt, respectively. Additionally, the MDH lowered the PFOA non-cancer HBV from 35 parts per trillion (ppt) to 2.3 ppt and the non-cancer PFOS HBV from 15 ppt to 2.3 ppt. The MDH also has HBVs for PFBS, perfluorobutanoic acid (PFBA), perfluorohexane sulfonate (PFHxS), and PFHxA.
New Jersey to Examine Feasibility of Treating PFAS as a Class
On January 16, 2024, New Jersey governor Phil Murphy signed a bill into law that requires New Jersey’s Department of Environmental Protection (NJDEP) and New Jersey’s Drinking Water Quality Institute (DWQI) to assess the feasibility of setting drinking water maximum contaminant levels (MCLs) for PFAS as an entire class, as subclasses, or as mixtures. The DWQI is a state advisory board responsible for developing MCLs or standards for contaminants in drinking water. Currently, no states regulate PFAS as a class of chemicals. NJDEP and DWQI are also required to assess treatment technologies for removal of PFAS in drinking water and wastewater. The legislation requires that NJDEP issue a report on its findings by January 2026.
Upcoming Webinar on PFAS and Global Product Stewardship
Join us on Tuesday February 13 for a webinar titled “Global Product Stewardship Challenges, Compliance and Risks: PFAS, Merger and Acquisition Due Diligence, and Beyond.” This 1-hour webinar will feature two presenters and is free of cost. Geosyntec’s training department will provide professional development hours (PDHs or CEUs) to all attendees. A short abstract, speaker information, and a registration link are included at www.geosyntec.com/webinars.
