EPA Releases Framework for Addressing New PFAS and New Uses of PFAS under TSCA
On June 28, 2023, the U.S. Environmental Protection Agency (EPA) released a framework for addressing new PFAS and new uses of PFAS under the Toxic Substances Control Act (TSCA). The framework specifically addresses PFAS Premanufacture Notices (PMNs) and Significant New Use Notices (SNUNs) within the TSCA New Chemicals Program and is applicable to chemicals with alkyl and alkyl ether structures with fully fluorinated saturated carbons or with a mixture of fully fluorinated, partially fluorinated, and/or non-fluorinated saturated carbons. Within the framework, the available hazard information for the PFAS will be evaluated, the persistent, bioaccumulate, and toxic (PBT) status will be determined, and exposures will be assessed. Based on the EPA’s review, additional information on the PFAS such as physical-chemical properties and toxicity data may be required.
As described in a news release, the EPA will offer a public webinar about the framework later this summer.
EPA Releases Draft IRIS Toxicological Review for PFHxS
On July 24, 2023, the EPA released a draft IRIS Toxicological Review of Perfluorohexanesulfonic Acid (PFHxS) and Related Salts. The Integrated Risk Information System (IRIS) Program identifies and characterizes the health hazards of chemicals found in the environment. The draft PFHxS lifetime oral reference dose (RfD) for noncancer effects is 4 x 10-10 mg/kg-day and is based on immune effects in children. In comparison, the proposed RfD for PFHxS is lower than the RfDs for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) that provide the basis for the EPA’s interim lifetime drinking water health advisories released for these two PFAS in June 2022. The EPA released a proposed Maximum Contaminant Level (MCL) for PFHxS on March 14, 2023, which uses a combined Hazard Index that also considers perfluorononanoic acid (PFNA), perfluorobutanesulfonic acid (PFBS), and hexafluoropropylene oxide dimer acid (HDPO-DA, or GenX).
Public comments on the draft toxicological review are being accepted until September 22, 2023, and can be submitted .
DoD Issues Interim Guidance on Destruction and Disposal of PFAS, Ends Incineration Prohibition
On July 11, 2023, the U.S. Department of Defense (DoD) issued interim guidance on the destruction and disposal of PFAS-containing materials. The guidance was prepared to comply with Section 343 of the 2022 National Defense Authorization Act (NDAA), which required the DoD to prohibit incineration of PFAS-containing materials until the DoD issued guidance that implements the EPA’s interim guidance released in December 2020. Issuance of the DoD guidance ends the DoD’s incineration prohibition.
The DoD’s interim guidance outlines four commercially available options for the destruction and disposal of PFAS-containing materials, which are prioritized as follows: granular activated carbon reactivation units (for granular activated carbon only), hazardous waste landfills, solid waste landfills with composite liners and gas/leachate collection and treatment systems, and hazardous waste incinerators. All facilities should have an environmental permit. Additionally, onsite hazardous waste storage, underground injection, and other existing and developing PFAS treatment and destruction technologies may also be considered. The DoD will update this guidance annually to reflect changes in technology maturity, EPA guidance updates, and the availability of additional data.
DoD Releases Memorandums on PFAS Sampling and Migration
On July 11, 2023, the DoD released two memorandums on PFAS sampling and migration. The DoD’s PFAS sampling memorandum, which applies to DoD-owned drinking water systems, provides updated requirements for PFAS sampling frequency and analysis of drinking water and provides guidance for evaluating PFAS analytical results. If the summed concentration of PFOA and PFOS in drinking water samples exceeds 70 parts per trillion (ppt), the EPA’s former PFOA and PFOS drinking water health advisories released in 2016, the DoD will provide alternative drinking water and will take actions to decrease the summed PFOA and PFOS concentrations to below 70 ppt. The memorandum supersedes the DoD’s March 2020 memorandum on PFAS sampling.
The DoD’s PFAS migration memorandum directs DoD installations and National Guard facilities to evaluate data collected during Preliminary Assessments, Site Inspections, and Remedial Investigations, and assess where interim actions can be taken to mitigate PFAS plume migration or ongoing PFAS impacts to groundwater, surface water, and/or sediment from an on-installation PFAS source. Additionally, installations and facilities are directed to “prioritize implementation of interim actions as expeditiously as possible to address PFAS under CERCLA [Comprehensive Environmental Response, Compensation, and Liability Act], such as removal of soil or sediment ‘hot spots’ and installation of groundwater extraction systems.”
California Releases Updated Draft Public Health Goals for PFOA, PFOS
On July 14, 2023, the California Office of Environmental Health Hazard Assessment (OEHHA) released a second draft technical support document for proposed Public Health Goals (PHGs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in drinking water. A PHG is the level of a drinking water contaminant at which adverse health effects are not expected to occur from a lifetime of exposure. The proposed PHG of 0.007 ppt for PFOA is based on kidney cancer in humans and the proposed PHG of 1 ppt for PFOS is based on liver and pancreatic tumors in animals. These proposed PHGs are set at a level of risk of one additional cancer case per million persons over a lifetime. The draft document also presents health-protective drinking water concentrations for noncancer health effects. The proposed noncancer health-protective concentrations are 3 ppt for PFOA based on increased risk of liver damage in humans and 2 ppt for PFOS based on increased total cholesterol in humans. The proposed PHGs and health-protective concentrations presented in the second draft are the same concentrations presented in the first draft technical support document, which was released in July 2021.
Public comments on the second draft technical support document are being accepted until August 14, 2023, and can be submitted online.
Washington State Issues Guidance for Investigating and Remediating PFAS
On June 28, 2023, the Washington State Department of Ecology issued a guidance document for investigating and remediating PFAS in Washington through private cleanups and state-led remediation efforts. The guidance establishes preliminary PFAS cleanup levels protective of human health for groundwater and vadose zone and saturated zone soil PFAS concentrations protective of potable groundwater for eight PFAS including PFOA, PFOS, PFNA, PFHxS, PFBS, HFPO-DA, perfluorohexanoic acid (PFHxA), and perfluorobutanoic acid (PFBA). Additionally, PFAS concentrations protective of ecological receptors in surface waters and upland soils were developed for ten PFAS, including PFOA, PFOS, PFNA, PFHxS, PFHxA, PFBS, PFBA, perfluorodecanoic acid (PFDA), perfluorododecanoic acid (PFDoA), and perfluoroundecanoic acid (PFUnA). The guidance also summarizes sampling approaches for PFAS, analytical methods for environmental media, and treatment technologies.
Colorado Releases New Industrial Stormwater General NPDES Permit, Incorporates PFAS
The Colorado Department of Public Health and Environment released a new industrial stormwater general National Pollutant Discharge Elimination System (NPDES) permit, which becomes effective on July 1, 2024, and is one of the first industrial stormwater general permits to incorporate PFAS requirements. PFAS monitoring is required for sectors that match the list of PFAS-associated industries from EPA’s December 2022 NPDES PFAS memo that discharge to a water supply. Facilities other than hazardous waste facilities, landfills, and airports may submit a sampling waiver if they can attest to no PFAS-containing materials being exposed to rain, stormwater, or snow melt, and have not had past PFAS releases. No benchmarks are set for PFAS and numeric effluent limits for PFAS will not be included in this permit. The permit includes a non-numeric, practice-based effluent limitation applicable to all permittees to limit contribution of PFAS-containing materials to stormwater discharges except during emergency firefighting activities. A list of “common materials containing PFAS” is provided and includes fume controls, Teflon coatings, electrostatic control agents, friction control agents, dirt repellants, and anti-adhesives. Facilities that use PFAS-containing firefighting foam must document an evaluation of potential PFAS-free substitutes. If a facility uses PFAS-containing firefighting foam, they must develop procedures to prevent or minimize releases to stormwater including “removal of residuals” following the emergency response period.
Sweden Establishes Environmental Quality Standards for PFAS
Earlier this year, Sweden established environmental quality standards (EQSs) for PFAS in groundwater. The EQSs apply to groundwater supplies with more than 10 m3/day of extraction or groundwater supplies that support more than 50 people. EQSs also apply to water-bearing units where discharge to surface water bodies or terrestrial ecosystems represents a risk. For PFAS, an EQS of 4.4 ng/L for the sum of 24 PFAS has been developed based on equivalent toxicity to PFOA. Among these 24 PFAS, one substance, 2,2-difluoro-2-[2,2,4,5-tetrafluoro-5-(trifluoromethoxy)-1,3-dioxolan-4-yl]oxy]acetic acid (C6O4), presents an analytical challenge for laboratories and only one commercial lab in Sweden has the ability to analyze for it. The EQS for the sum of the 24 target PFAS is the same as the draft European Union (EU) EQS for PFAS in surface water and is more stringent than the present drinking water criteria in Sweden of 4 ng/L for the sum of 4 PFAS and 100 ng/L for the sum of 21 PFAS.
Join Us – Geosyntec PFAS Technical Webinar on August 8
On August 8 at 12 pm EST, invited speaker Dr. Jennifer Field (Oregon State University) and Geosyntec practitioner Dr. Dylan Eberle will discuss PFAS Sampling and Analysis: A Closer Look at Data Defensibility, Best Practices, and Interpretation of Results via webinar. Sign up for this and other webinars in Geosyntec’s Technical Webinar Series for the chance to engage with top practitioners regarding state of-the-art practices and thoughtful solutions to our clients’ most complex environmental, natural resources, and civil infrastructure problems. Registration is free at www.geosyntec.com/webinars and professional development hours are available for all attendees. Archived PFAS webinars can be viewed at https://www.geosyntec.com/pfas-webinars and https://www.geosyntec.com/webinars/on-demand-webinars.
