USEPA Delays Deadline for Submitting PFAS Reporting Data Under TSCA

On September 5, 2024, the United States Environmental Protection Agency (USEPA) delayed the submission deadline for PFAS reporting required under Toxic Substances Control Act (TSCA) Section 8(a)(7) to January 11, 2026 for most reporters. Small businesses solely reporting on importing PFAS containing articles will have until July 11, 2026, to submit reports. Previously, reporting was due by May 8, 2025. USEPA indicated the delay was due to budget restraints associated with the development of the online TSCA submission portal. Entities that have manufactured or imported PFAS or PFAS-containing articles since January 1, 2011 are required to report information related to PFAS uses, production volumes, disposal, exposures, and hazards. Public comments on the submission period change can be submitted online until October 7, 2024

DoD Issues Memo on Planned PFAS Cleanup Actions

On September 3, 2024, United States Department of Defense (DoD) released a memorandum detailing plans to address PFAS at DoD installations through interim actions (i.e., removal actions) and long-term remedial actions. DoD will first initiate removal actions to address impacted private wells where PFAS concentrations are at least 3 times higher than USEPA maximum contaminant levels (MCLs) before moving to wells with lower PFAS concentrations. When possible, a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) “Time Critical Removal Action” will be used. Where authorized, DoD will also expedite actions at PFAS-impacted public water systems with concentrations above MCLs. For long-term remedial actions under CERCLA, DoD will work with USEPA and state regulators to determine final cleanup levels and select remedies at National Priorities List sites, which will include determinations of site-specific background PFAS concentrations.

DoD Releases Guidance for Removing AFFF from Fire Suppression Systems

On July 30, 2024, DoD issued a memorandum providing guidance on the transition from aqueous film forming foam (AFFF) to fluorine-free alternatives at its facilities. Fluorine-free alternatives include options such as fluorine-free foam and water-only systems, and specific alternatives depend on the facility requirements. The guidance details system cleaning and reporting requirements for multiple changeout scenarios and reiterates DoD’s interim guidance on the destruction and disposal of materials containing PFAS for the management of AFFF, rinsate, and other AFFF-impacted waste. Per requirements laid out in the FY2020 National Defense Authorization Act, DoD “must discontinue all land-based use of [AFFF] containing [PFAS] starting September 30, 2024”. However, per a written certification to the congressional defense committees from August 2, 2024, this deadline has been extended to October 1, 2025.

Washington State Adopts Draft EPA Aquatic Life Toxics Criteria for PFOS and PFOA

On August 14, 2024, the Washington Department of Ecology announced revisions to the Water Quality Standards for Surface Waters of the State of Washington (173-201A WAC), which included adopting aquatic life toxics criteria for PFOS and PFOA. The aquatic life criteria values for PFOS and PFOA are based on USEPA’s 2022 draft national aquatic life criteria. The draft criteria reflect the maximum concentrations that would support protection of aquatic life from acute and chronic effects associated with PFOA and PFOS in freshwaters.

The Washington Department of Ecology indicated that setting these aquatic life criteria now “will better protect Washington waters than waiting for national criteria to be finalized by [US]EPA.”   

North Carolina Proposes Interim Maximum Allowable Concentrations for PFAS in Groundwater

On September 4, 2024, the North Carolina Department of Environmental Quality (DEQ) released proposed Interim Maximum Allowable Concentrations (IMACs) for eight PFAS in groundwater. In the state of North Carolina, any person may request that the Division of Water Resources establish an IMAC for a substance for which a groundwater quality standard has not already been established. According to the DEQ, “Groundwater quality standards are the maximum allowable concentrations of contaminants in groundwater which may be tolerated without creating a threat to human health or which would otherwise render the groundwater unsuitable for use as a drinking water source.” Both the groundwater quality standards and IMACs give DEQ regulatory authority to ensure compliance. The proposed IMACs for PFAS are as follows:

DEQ stated that the proposed IMACs for PFOA and PFOS are below current practical quantitation limits (PQL) for these compounds of 4 ng/L, as established in EPA Method 1633; therefore, a measurement at or above the proposed PQL would be considered an exceedance. Public comments on the proposed IMACs can be submitted to IMACcomments@deq.nc.gov by October 4, 2024. DEQ intends to establish the IMACs by October 15, 2024. The IMACs for PFOA, PFOS, and HFPO-DA are expected to be proposed as groundwater quality standards under North Carolina code 15A NCAC 02L.0202) later in 2024.

Geosyntec is proud to sponsor the RemTEC & Emerging Contaminants Summit

The RemTEC & Emerging Contaminants Summit will take place October 15-17, 2024, in Westminster, Colorado. The Summit attracts leading experts on PFAS and other emerging contaminants who are advancing environmental science and remediation technologies. The Summit promotes discussion and exchange of ideas between academics, regulators, industry representatives, environmental consultants, and technology developers. 

To register using Geosyntec’s 25% discount, 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 through December 2024. For more information and to register, visit Geosyntec PFAS Webinar Series.

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