EPA PFAS Regulation Updates Included in Spring 2024 Regulatory Agenda
On July 5, 2024, the United States Environmental Protection Agency (USEPA) provided eight PFAS rulemaking updates in the General Services Administration Office of Information and Regulatory Affairs’ Spring 2024 Regulatory Agenda.
One topic is in the final stage of rulemaking:
Four topics are in the proposed stage of rulemaking:
Three long-term actions related to PFAS are under development. Regulatory action on the topics below is not expected within the next 12 months:
EPA Recommends Monitoring of 12 PFAS in Fish and Shellfish
On July 11, 2024, USEPA released new science-based recommendations for states, tribes, and territories to reduce exposure to contaminants in fish. USEPA recommends monitoring for 5 PFAS to inform fish and shellfish advisories and 7 additional PFAS that do not yet have published toxicity factors. PFAS monitoring recommendations in each category are as follows:
USEPA developed these groupings after a multi-year process which included a literature review, analysis of data, and external peer review. The recommendations are part of USEPA’s national guidance for fish advisories.
EPA Faces New Challenges After Chevron Decision Overturned
On June 28, 2024, the U.S. Supreme Court overruled Chevron v. NRDC (1984) in Loper Bright Enterprises v. Raimondo, effectively overriding a cornerstone of administrative law that has stood for 40 years. Since 1984, the Chevron doctrine provided that when a federal statute is ambiguous, courts must defer to the relevant agency’s interpretation of the statute so long as that interpretation is reasonable. With the overturning of the Chevron doctrine in the Loper Bright decision, courts must now exercise their own independent judgment and interpretation to resolve statutory ambiguities, though an agency’s interpretation may help inform a court’s inquiry.
It is unclear at this time how the Loper Bright decision will impact the USEPA. The decision has already been cited by petitioners filing a legal challenge against USEPA’s designation of PFOA and PFOS as hazardous substances under CERCLA.
DoD Plans to Submit One-Year Extension Waiver to Transition from AFFF
In June 2024, the Office of the Secretary of Defense, held a Briefing on the Waiver of the Prohibition of the Use of Fluorinated Aqueous Film-Forming Foams (AFFF) at Military Installations. The fiscal year 2020 National Defense Authorization Act prohibited the Department of Defense (DoD) from using AFFF after October 1, 2024. However, the Secretary of Defense can invoke up to two one-year extensions until October 1, 2026. Due to delays in the process of transitioning away from AFFF systems, DoD plans to submit the first one-year extension by August 2, 2024.
Over 6,000 DoD mobile assets and 1,500 DoD facilities need to transition away from AFFF usage. Only a limited number of fire trucks and facilities can transition at the same time to maintain operational preparedness and adhere to regulations. Firefighters must undergo supplemental training to use fluorine-free foam. DoD is also considering firefighting alternatives such as Ignitable Liquid Drainage Floor, water-only sprinklers, high expansion foam, optical flame detection, trench nozzles, and water mist.
New Hampshire Passes Two PFAS-Related Bills
In July 2024, New Hampshire Governor Chris Sununu signed into law the following two PFAS-related bills:
Canada Updates State of PFAS and Risk Management Scope Reports
On July 13, 2024, the Government of Canada updated two PFAS guidance documents, including the Updated Draft State of PFAS Report and the Revised Risk Management Scope for PFAS. The reports, originally published in May 2023, received 212 public comments. In the State of PFAS Report, the Government of Canada recommends that the class of PFAS, excluding fluoropolymers, be added to the list of toxic substances within the Canadian Environmental Protection Act (CEPA). The Risk Management Scope considers multiple regulatory instruments under CEPA, including restriction of PFAS not currently regulated in firefighting foams and prohibiting PFAS for other uses or sectors.
Public comments on the Revised Risk Management Scope for PFAS can be submitted by emailing substances@ec.gc.ca by September 11, 2024.
RemTEC & Emerging Contaminants Summit
The RemTEC & Emerging Contaminants Summit will take place October 15-17, 2024, in Westminster, Colorado. The Summit attracts a variety of leading experts on PFAS and other emerging contaminants who are advancing environmental science and remediation technologies. The Summit promotes discussion and exchange of ideas with academics, regulators, industry representatives, environmental consultants, and technology developers.
To register using Geosyntec’s 25% discount off the September 6 early bird registration rate, go to https://na.eventscloud.com/rtecs2024. After you enter your email address, use code “GEOSvip”, choose “Attendee”, then “Continue”. The discounted rate will appear at the bottom of the next screen. For information on the Summit, please visit https://www.remediation-technology.com/.
Upcoming Geosyntec PFAS Webinar Series
Geosyntec is hosting a PFAS webinar series showcasing a thorough synthesis of the state of knowledge on the management of PFAS-impacted sites. Subject matter experts from Geosyntec and the broader stakeholder community will discuss PFAS key technical, regulatory, and legal issues.
This six-part series will run from September through December 2024. For more information and to register, visit Geosyntec PFAS Webinar Series.
Questions?
If you have any questions or would like to discuss how PFAS may impact your business, please email pfas@geosyntec.com to be connected with a PFAS technical expert.