March 2024

EPA Releases Draft IRIS Toxicological Review of PFNA

On March 7, 2024, the U.S. Environmental Protection Agency (EPA) released the draft Integrated Risk Information System (IRIS) Toxicological Review of Perfluorononanoic Acid and Related Salts Toxicological Review of Perfluorononanoic Acid (PFNA) and Related Salts. PFNA has been used in the manufacture of consumer products and the synthesis of fluoropolymers. Some PFAS, including 8:2 fluorotelomer alcohol, can also degrade to PFNA. The review states that “currently available evidence demonstrates that PFNA causes developmental growth impairments in humans given sufficient exposure conditions.” A draft non-cancer lifetime oral reference dose was set at 7 x 10^-9 milligrams per kilogram per day. Additionally, the EPA indicates in the review that “currently available evidence is insufficient to make a judgment on whether PFNA exposure might affect the development of any specific cancers.” Public comments on the draft review can be submitted online until May 6, 2024.

U.S. Federal Budget for Fiscal Year 2025 Includes of $450 Million for PFAS  

On March 23, 2024, President Joe Biden signed the previously released budget request for fiscal year 2025 after congressional approval. Over $500 million is included in the budget for the EPA’s Clean Water Act grant programs, including $288 million allocated to the Section 106 grants program aimed at helping state, interstate, and tribal water pollution programs assess PFAS impacts in the environment. Additionally, approximately $170 million is included for the EPA to continue addressing PFAS through various initiatives in its PFAS Strategic Roadmap, and $1.6 billion is allocated towards environmental restoration efforts at U.S. Department of Defense (DoD) sites.

DoD Identifies Installations Where PFAS Interim Actions are Underway  

In February 2024, the DoD released a list of more than 30 DoD installations and National Guard facilities where cleanup actions for PFAS are ongoing or will begin soon. Air Force, Army, Defense Logistics Agency, Formerly Used Defense Sites, and Navy installations are included. Interim actions are being taken under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) at these sites, and the DoD is prioritizing PFAS cleanups in communities with the highest risk of exposure. Interim actions are intended to mitigate damage to public health and the environment and may include soil excavation and groundwater extraction and treatment. The DoD “expects to take additional interim actions as more information becomes available from our investigations at over 700 installations and National Guard facilities.” 

Per FDA, Grease-Proofing Substances Containing PFAS No Longer Sold in the U.S. for Food Contact Products 

On February 28, 2024, the U.S. Food and Drug Administration (FDA) announced that sales of PFAS-containing grease-proofing substances used in food packaging products have ended within the U.S. This announcement marks the fulfillment of voluntary commitments made by chemical manufacturers to phase out PFAS in these substances. Grease-proofing substances containing PFAS are used to limit grease and oil leaks through packaging and provide water-resistant properties. These substances have been used in various food packaging products, including fast-food wrappers, take-out containers, and microwave popcorn bags. The FDA is developing analytical capabilities to monitor food packaging for these substances and will continue to evaluate the use of PFAS in other food contact applications, such as non-stick applications for pots and pans. 

EPA Issues TSCA Test Order for N-MeFOSE Under National PFAS Testing Strategy 

On March 25, 2024, the EPA issued a fourth Toxic Substances Control Act (TSCA) Test Order for PFAS. The order, issued as part of EPA’s National PFAS Testing Strategy, requires the 3M Company and Wacker Chemical Corporation to submit data on 2-(N-Methylperfluoro-1-octanesulfonamido)ethanol (N-MeFOSE). After examining existing hazard and exposure data, the EPA concluded that exposure to N-MeFOSE may present an unreasonable risk of injury to human health or the environment. N-MeFOSE has been used in a variety of products such as clothing, carpet treatments, and furniture coatings, and N-MeFOSE has been found in dust, air, and biosolids. According to the EPA, the data collected under this order will help improve the understanding of human health effects due to exposure to N-MeFOSE and structurally similar PFAS.  

California Issues Order Requiring PFAS Sampling in Disadvantaged Communities 

On March 4, 2024, the California State Water Resources Control Board issued an Order to public water systems in disadvantaged communities requiring them to collect samples from drinking water wells and analyze them for PFAS. More than 3,800 public drinking water wells are subject to the Order. Samples are required to be analyzed by EPA Method 533 for 25 PFAS, and four of the PFAS have California drinking water notification and response levels, including perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorobutane sulfonic acid (PFBS), and perfluorohexane sulfonic acid (PFHxS). Samples must be collected before August 31, 2026.

Wisconsin Appeals Court Voids State’s Hazardous Substance Listing for PFAS 

On March 6, 2024, the Wisconsin Court of Appeals ruled against the Wisconsin Department of Natural Resources (DNR) in Wisconsin Manufacturers and Commerce, Inc. and Leather Rich, Inc. v. DNR et al. In a 2-1 ruling, the court upheld a 2022 decision by the Waukesha County Circuit Court that ruled the DNR could not enforce its policies designating PFAS as hazardous substances under Wisconsin Statues Chapter 292 at remedial action cleanup sites. With this ruling, regulators cannot require investigation and cleanup of PFAS and other emerging contaminants as hazardous substances under state law. The Court of Appeals determined that DNR did not properly promulgate rules establishing cleanup levels for PFAS as required under Wisconsin Statutes Chapter 227 and as such could not classify PFAS as hazardous substances. The DNR will likely appeal the decision.

ECHA Provides Update on Proposal to Restrict PFAS in the EU 

On March 13, 2024, the European Chemicals Agency (ECHA) issued a news release presenting the next steps for their proposal to restrict PFAS in the European Union (EU) under Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH). More than 5,600 comments were submitted on the initial proposal published in February 2023. ECHA and national authorities are working to evaluate and address the comments, and three ECHA meetings on the proposal will be held from March through September 2024. Following the meetings, ECHA will “deliver the final opinions to the European Commission in the shortest possible timeframe while ensuring their transparency, independence and high quality.”

Geosyntec PFAS Technical Webinar Recordings 

Webinars presented by Geosyntec practitioners covering a broad range of PFAS topics, including case studies, forensics, litigation, site investigation, treatment, stormwater management, regulations, and toxicology and risk assessment are available on demand at www.geosyntec.com/pfas-webinars and www.geosyntec.com/webinars/on-demand-webinars. Registration is free, and professional development hours are available for attendees.