USEPA Releases Draft Sewage Sludge Risk Assessment for PFOA and PFOS
On January 14, 2025, the United States Environmental Protection Agency (USEPA) released a Draft Sewage Sludge Risk Assessment for PFOA and PFOS. The document includes an assessment of the potential risks to human health and the environment from the presence of PFOA and PFOS in sewage sludge by exposure through land application, surface disposal, and incineration of sewage sludge. USEPA indicates there may be human health risks exceeding USEPA’s acceptable thresholds when land-applying sewage sludge containing 1 part per billion (ppb) or greater of PFOA or PFOS. USEPA’s risk threshold for non-cancer human health effects is a hazard quotient equal to one and for cancer effects is a lifetime excess cancer risk of 1 × 10−6. The draft risk calculations do not consider multiple exposure pathways or mixtures of PFAS. Public comments may be submitted online by March 17, 2025.
USEPA Adds Nine PFAS to the Toxic Release Inventory, Proposes Supplier Notification Rule
On January 3, 2025, USEPA announced the automatic addition of nine 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 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 205 PFAS have been added to date. The following nine PFAS were added to the TRI chemical list for the 2025 TRI Reporting Year:
- Ammonium perfluorodecanoate (PFDA NH4) (CAS No. 3108-42-7)
- Sodium perfluorodecanoate (PFDA-Na) (CAS No. 3830-45-3)
- Perfluoro-3-methoxypropanoic acid (CAS No. 377-73-1)
- 6:2 Fluorotelomer sulfonate acid (CAS No. 27619-97-2)
- 6:2 Fluorotelomer sulfonate anion (CAS No. 425670-75-3)
- 6:2 Fluorotelomer sulfonate potassium salt (CAS No. 59587-38-1)
- 6:2 Fluorotelomer sulfonate ammonium salt (CAS No. 59587-39-2)
- 6:2 Fluorotelomer sulfonate sodium salt (CAS No. 27619-94-9)
- Acetic acid, [(γ-ω-perfluoro-C8-10-alkyl)thio] derivs., Bu esters (CAS No. 3030471-22-5)
Additionally, on January 17, 2025, USEPA published a proposed rule clarifying when companies must notify customers if a product contains TRI-listed PFAS. The proposal would require supplier notifications to downstream facilities with the first shipment of each calendar year and would apply to PFAS used in a mixture or under a trade name product. Public comments may be submitted online by February 18, 2025.
USEPA Stops OMB Review of Proposed PFAS Effluent Limit Guidelines
On January 21, 2025, USEPA withdrew a draft proposal from Office of Management and Budget (OMB) review which was intended to revise existing effluent limit guidelines for PFAS from the Organic Chemicals, Plastics and Synthetic Fibers category to address PFAS discharges under 40 CFR part 414. The draft proposal was originally issued as a part of Effluent Guidelines Program Plan 15 and Plan 16. The withdrawal of this proposal is in accordance with a newly signed executive order barring all executive departments and agencies from issuing, proposing, or sending any new rules to the Office of the Federal Register. Under this executive order, any new rule must first be reviewed and approved by a department or agency head appointed by the President.
USEPA Releases PFHxS IRIS Toxicological Review
On January 13, 2025, USEPA released an Integrated Risk Information System Toxicological (IRIS) Review of Perfluorohexanesulfonic Acid (PFHxS) and Related Salts. The final document retains the proposed values from a July 2023 draft toxicological review. Oral lifetime and subchronic reference doses (RfD) are both set at 4 x 10-10 milligrams per kilogram of body mass per day (mg/kg-d) based on decreased serum anti-tetanus antibody concentrations in children. While an RfD based on thyroid effects of 2 x 10-7 mg/kg-d was calculated, USEPA concluded that selection of the RfD based on developmental immune effects is presumed to be protective of possible thyroid and other adverse health effects in humans including potential effects on birth weight and adverse hepatic effects. The reference concentration, which is based on inhalation exposure, was not derived due to a lack of available studies. USEPA concluded there is inadequate information to assess carcinogenic potential for PFHxS by either the oral or inhalation routes of exposure.
Biden Administration Defends PFOA and PFOS CERCLA Designation
On January 17, 2025, USEPA officials filed a respondent brief defending the designation of PFOA and PFOS as Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substances. The briefing reinforces that USEPA’s actions were under the provision of CERCLA that authorizes the designation of hazardous substances that “may present substantial danger to public health or welfare or the environment.” The briefing furthermore combats the U.S. Chamber of Commerce, Associated General Contractors of America, Inc., and National Waste & Recycling Association’s challenge that USEPA could only make the designation after determining the nature and cost of future PFOA and PFOS cleanups by stating that “hazardous-substance designation is a threshold step” and “designation does not itself require anyone to clean up PFOA or PFOS.”
Three California Bans on PFAS Take Effect
On January 1, 2025, three California bills banning PFAS in cosmetic products and textile articles took effect. Assembly Bill (AB) No. 2762 and AB-2771 prohibit the presence of intentionally added ingredients in cosmetics and “prohibit a person or entity from manufacturing, selling, delivering, holding, or offering for sale, in commerce any cosmetic product that contains intentionally added ingredients,” including intentionally added PFAS. However, trace quantities stemming from “impurities in natural or synthetic ingredients, the manufacturing process, storage, or migration from packaging” are not susceptible to these prohibitions. Additionally, AB-1817 prohibits “any person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously owned, textile articles that contain regulated PFAS, except as specified.” When removing regulated PFAS in textile articles, manufacturers must use the least toxic alternative.
Minnesota Ban on Intentionally Added PFAS Takes Effect
On January 1, 2025, Minnesota Statute 116.943 took effect, prohibiting the sale or distribution of certain products containing intentionally added PFAS. Products under the ban include carpets or rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatments, juvenile products, menstruation products, textile furnishings, ski wax, and upholstered furniture. The prohibition also extends to certain types of packaging associated with each of these products. The Minnesota Pollution Control Agency (MPCA) has prepared a webinar and a frequently asked questions sheet on the ban. This action follows on the prohibitions of intentionally added PFAS in firefighting foam and food packaging in Minnesota that took effect last year (Minnesota Statute 325F.072).
San Francisco Water Board Releases Draft NDPES Permit, Includes PFAS Limits
On January 11, 2025, the San Francisco Regional Water Quality Control Board (Water Board) released a draft general NDPES permit for discharges of extracted and treated fuel or VOC-impacted groundwater. While this is a renewal of the general permit, it is the first time PFAS limits are added. USEPA PFAS maximum contaminant levels (MCLs) for drinking water are proposed as technology-based effluent limits for PFOA, PFOS, PFHxS, perfluorononanoic acid (PFNA), and hexafluoropropylene oxide dimer acid (HDPO-DA) as monthly averages. Additionally, monitoring all PFAS analyzed by USEPA Method 1633 is required for treatment system influent and midstream, and increased PFAS monitoring, performance evaluation, and reporting is required when midstream results reach influent concentrations for any PFAS, potentially triggering media or resin changeout. This may be the first NPDES permit in California to set numeric PFAS effluent limits and is a novel approach for regulating PFAS, particularly for a general permit. Written comments on the draft permit may be submitted by emailing marcos.delacruz@waterboards.ca.gov by 5:00 PM on February 17, 2025. The Water Board will then hold a hearing to consider adoption of the draft permit at 9:00 AM PDT on April 9, 2025.
Geosyntec PFAS Webinar Series
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