EPA Finalizes Rule to Require Enhanced PFAS Reporting to the Toxics Release Inventory
On October 20, 2023, the U.S. Environmental Protection Agency (USEPA) finalized a rule eliminating an exemption that allowed facilities to avoid reporting information to the Toxic Release Inventory (TRI) on “chemicals of special concern,” including PFAS, when those chemicals were used in small concentrations (“de minimis exemption”). The rule (currently in pre-publication) requires facilities to report on PFAS regardless of their concentration in mixtures beginning January 1, 2024. Additionally, the rule includes supplier notification requirements to downstream facilities for all chemicals on the list of chemicals of special concern (e.g., dioxins, mercury), which helps ensure purchasers of products containing PFAS or other chemicals of special concern are informed. Since PFAS are commonly used at low concentrations in many products, USEPA believes that the elimination of the de minimis exemption will result in a more complete picture of how PFAS are managed and/or released to the environment.
USEPA Finalizes Rule to Require Reporting of PFAS Data under the Toxic Substances Control Act
On October 11, 2023, the USEPA finalized comprehensive reporting and record-keeping regulations for PFAS under the TSCA. Effective November 13, 2023, the rule will require PFAS manufacturers and importers of PFAS and PFAS-containing articles to submit information dating back to January 1, 2011. Reporting entities must provide all "known or reasonably ascertainable" information related to chemical identity, uses, production volumes, byproducts, environmental and health effects, worker exposure, and disposal via the Central Data Exchange platform. Most manufacturers have 18 months from the effective date to fulfill their reporting obligations, with an additional 6-month window for small manufacturers. Reporting requirements will be streamlined for PFAS used in research and development, and for those only importing PFAS contained in articles. Further, reporting entities are mandated to retain records of the information reported to USEPA for a period of five years. The resulting dataset will be the largest compilation of PFAS manufactured and used in the U.S.
Consumer Product Safety Commission Requests Information on PFAS
On September 20, 2023, the Consumer Product Safety Commission published a notice in the Federal Register to request information on PFAS used in commerce and consumer products and related potential exposures and health effects. Specifically, it asks for a definition of PFAS, “including which chemical substances should be considered a perfluoroalkyl or polyfluoroalkyl substance, which chemical substances should be excluded from consideration as a PFAS, and which PFAS are considered in commerce.” This request builds on the Commission’s recently published white paper entitled, “Characterizing PFAS Chemistries, Sources, Uses, and Regulatory Trends in U.S. and International Markets.” Written comments in response to the request for information can be submitted through November 20, 2023.
USEPA Sends Updated PFAS Destruction Guide for White House Review
On September 25, 2023, the USEPA submitted an updated version of the “Interim Guidance on the Destruction and Disposal of PFAS and Materials Containing PFAS” for White House review. USEPA’s current guidance, which was issued in 2020, outlined technologies available at that time and noted uncertainties and knowledge gaps. Although the USEPA intended to significantly reduce these uncertainties and data gaps in the updated guidance, the agency acknowledges that many of them remain and that continued research and collaboration are necessary for their reduction.
Update on United States Department of Defense Progress at PFAS Sites
In September 2023, the United States Department of Defense (DoD) briefed Congress on the status of remedial investigations related to the release of PFAS in the proximity of drinking water sources at or adjacent to its facilities. As of March 31, 2023, the DoD was conducting preliminary assessments or site investigations of the potential use and/or release of PFAS at 707 installations, National Guard Facilities, and Formerly Used Defense Sites (FUDS). At the time of the briefing, 425 of these assessments and investigations had been completed. Additionally, the DoD has initiated remedial investigations at 275 installations, including 245 sites in proximity of groundwater aquifers that serve as a primary or secondary source of drinking water. Additional information regarding PFAS remedial investigations by the DoD is posted periodically on its PFAS webpage.
Royal Society of Chemistry Recommends Decreasing PFAS Limits in UK Drinking Water
The Royal Society of Chemistry (RSC) recently recommended that the government of the United Kingdom (UK) set revised limits for PFAS in treated drinking water. It recommends decreasing the limit for 47 individual PFAS from 100 ng/L to 10 ng/L each, as well as including a limit of 100 ng/L for the total sum of these 47 PFAS or the total amount of PFAS present without identifying individual substances. These recommendations stem from the RSC’s recent conclusion that one third of the tested watersheds in the UK have “medium- or high-risk levels of PFAS” based on the Drinking Water Inspectorate’s classification system. The newly recommended PFAS limits would bring UK guidelines more in line with those of the European Union, which are 100 ng/L for the sum of 20 specific PFAS and 500 ng/L for total PFAS in drinking water.
From Fish to Frogs: Geosyntec Authors Publish Papers on PFAS Ecotoxicity
Geosyntec authors, along with collaborators from Purdue University, published a critical review synthesizing information from 16 peer-reviewed publications on the ecotoxicity of PFAS to 10 amphibian species. Additionally, Geosyntec authors published a second critical review highlighting the ecotoxicity of PFOS to zebrafish in freshwater. This publication evaluated 12 key long term studies, including a recently completed Geosyntec-supported zebrafish toxicity study from the Army Corp of Engineers Environmental Research and Defense Center. These review papers are critical for regulators and site investigators evaluating risks from PFAS in aquatic systems or developing PFAS criteria for the protection of aquatic life.
