PFAS

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Complete coverage of federal, state and legal actions to address the public health and environmental risks from per- and polyfluoroalkyl substances (PFAS).

EPA Defends TSCA PFAS Definition, But May Widen Scope For Other Uses

EPA scientists quietly published a paper this spring explaining how they crafted the toxics office’s narrow definition of per- and polyfluoroalkyl substances (PFAS), defending their approach as the best fit for TSCA even as officials are suggesting that other program offices could use their own definitions for the chemical class. “ Assembly and Curation of Lists of Per- and Polyfluoroalkyl Substances (PFAS) to Support Environmental Science Research ,” published April 5 in the journal Frontiers in Environmental Science and...

Cities, Utilities Press For Economic Analysis Of PFAS CERCLA Listing

Local government and water utility groups are pressing EPA and the White House Office of Management & Budget (OMB) to undertake a “robust economic analysis” on the agency’s upcoming Superfund “hazardous substance” listing proposal for two per- polyfluoroalkyl substances (PFAS), raising concerns they will face costly repercussions from such a listing. “A hallmark of this administration is sound policy development that adheres to legal requirements,” the groups write in a July 11 letter to EPA acting waste office head Barry...

House debates PFAS CWA limits in defense bill

The House is poised to debate whether to require EPA to issue first-time Clean Water Act (CWA) limits for per- polyfluoroalkyl substances, among other PFAS-related provisions included in the fiscal year 2023 National Defense Authorization Act (NDAA) after the Rules Committee July 12 approved half a dozen other PFAS-related proposals. House floor debate is scheduled to begin today on the NDAA and could extend into next week with about 650 amendments queued up for votes. The must-pass legislation has become...

Judge Urges Settlement Of Landmark PFAS Case Ahead Of Arguments

A federal district court judge has urged parties, including the U.S. government, to settle a landmark lawsuit over compensation for decades of use of per- and polyfluoroalkyl substances (PFAS) which caused widespread contamination, during a recent status conference in preparation for oral arguments in the case next month. Judge Richard Gergel said during a recent status conference call that “common sense suggests that somewhere in the middle here is a resolution of this case,” and he urged all parties on...

White House Opposes More PFAS Restrictions On Pentagon Purchases

The White House has come out in opposition to expanded restrictions on the Defense Department’s (DOD) purchases of products containing per- and polyfluoroalkyl substances (PFAS) as part of the latest annual defense authorization bill slated for a House vote later this week. “The Administration is concerned that section 342, which would prohibit DoD from procuring a wide range of items that may contain PFAS, and would significantly increase the number of PFAS to which the existing prohibition would apply (from...

Stakeholders Say EPA’s First TSCA PFAS Test Order Seeks Redundant Data

Industry sources and environmentalists say EPA’s first TSCA order mandating toxicity tests for a per- and polyfluoroalkyl substance (PFAS) appears to require an initial tier of testing that would at least partly duplicate previous studies of the same chemicals, contributing to what the environmental groups say is the program’s too-long timeline. In comments to Inside TSCA , the American Chemistry Council (ACC) says it supports a tiered approach to testing, but adds that it also believes “much of the requested...

DOD Appears Reluctant To Adopt EPA Advisory Levels For PFAS Cleanups

The Defense Department (DOD) appears reluctant to embrace EPA’s new drinking water health advisory levels (HALs) for four per- and polyfluoroalkyl substances (PFAS) even though it concedes the military has so far relied on earlier versions of some of the HALs to guide its drinking water source cleanup efforts. In response to questions from Inside EPA on how DOD plans to incorporate the new HALS into its cleanup efforts, a DOD spokesman acknowledges the updates for the two most...

Water Utilities Fear Loss Of Biosolids Land Disposal Due To PFAS Limits

Clarification Appended Wastewater treatment industry officials are stepping up their efforts to address concerns about the potential loss of land application of sludge as a disposal option because of intensifying worries over the presence of per- and polyfluoroalkyl substances (PFAS) in the material, raising the concerns with EPA and forming a coalition with agriculture groups to advocate on the issue. A top official with the National Association of Clean Water Agencies (NACWA), a group that represents the...

Industry Faces Procedural Hurdles In Suits Challenging States’ PFAS Rules

Global chemical company 3M is facing procedural hurdles in its aggressive litigation against states over their per- and polyfluoroalkyl substances (PFAS) drinking water rules, with a New York state court recently dismissing a challenge based on 3M’s lack of standing, and a Michigan state court requesting additional briefing on the company’s standing. “Petitioner’s potential tort liability and its litigation costs are not a direct injury-in-fact providing standing to challenge the MCL Rule,” the State of New York Supreme Court said...

EPA Agrees To Limited Reforms After OIG Investigation On PFAS SNUR

EPA has agreed to tighten its policies for revising rules following White House review based on a new Office of Inspector General (OIG) investigation that found the agency “was not transparent” on last-minute changes to a Trump-era TSCA rule for per- and polyfluoroalkyl substances (PFAS) -- changes OIG now says were demanded by an administration official whose identity remains unclear. However, EPA is resisting OIG’s call to require documentation of policy changes sought by the White House Office of Information...

FY23 Defense Bill Eyed For PFAS Registry, Strict New EPA Deadlines

House lawmakers are seeking to attach a series of amendments addressing per- and polyfluoroalkyl substances (PFAS) to the fiscal year 2023 defense bill, which is being prepared for floor debate next week, including measures for establishing the nation’s first veterans’ exposure registry, exposure alerts for servicemembers and strict deadlines for EPA rules. The amendments, filed with the House Rules Committee ahead of an expected hearing and floor vote next week, add to or expand on a series of PFAS provisions...

Citing Inadequate CWA Focus, States Criticize EPA’s Draft PFAS Criteria

States are strongly criticizing EPA’s proposed water quality criteria for two well-known per- and polyfluoroalkyl substances (PFAS), charging that the lack of data and other problems they have identified stem in part from the agency’s long-time failure to adequately invest in relevant Clean Water Act (CWA) work while instead focusing heavily on drinking water issues. The states’ criticisms suggest broader concerns with EPA efforts to address PFAS under the CWA just as the agency is facing growing pressure to strengthen...

EPA Advisories May Subject More PFAS To Prop. 65 Warnings, Lawyers Say

Correction Appended EPA’s recently announced final health advisory levels (HALs) for two per- and polyfluoroalkyl substances (PFAS) may provide the basis for California’s health hazard office to list the two substances under its Proposition 65 toxic warning label rules, increasing the number of PFAS that are currently subject to the mandate, industry attorneys say. Jeffrey Parker and Louise Dyble, attorneys with Sheppard Mullin, say in a June 27 post that EPA’s final HALs for perfluorobutane sulfonic acid (PFBS) and...

Backers Seek Senate Vote On Bipartisan Bill Halting PFAS From Airports

Correction Appended Senators supporting a bipartisan bill that would prevent runoff of per- and polyfluoroalkyl substances (PFAS) from airports are pressing for a standalone floor vote on the measure, propelled by frustrations that the Federal Aviation Administration (FAA) has failed to certify an alternative to PFAS-containing firefighting foams for use at airports. The bill, S. 3662, cleared the Senate commerce committee on a voice vote in March following its introduction in February by Sen. Gary Peters (D-MI). The bill...

EPA Says Evidence Needed To Justify Threshold For TSCA ‘Article’ Rules

A top EPA official says the agency has not seen evidence that would justify a unified approach to regulating ‘articles’ under TSCA or a de minimis level of chemicals that would trigger those rules despite industry pressure, though he acknowledged such a step would have “practical benefits.” During the Environmental Law Institute’s June 29 seminar marking the sixth anniversary of Congress’ reform of the Toxic Substances Control Act (TSCA), Mark Hartman, deputy director of the Office of Pollution Prevention...

EPA Taking Interim Steps For Addressing PFAS In Wastewater Discharges

EPA is taking interim steps toward implementing goals for addressing wastewater discharges under its strategic roadmap for per- and polyfluoroalkyl substances (PFAS), including creating an exposure model for PFAS in biosolids to be submitted for scientific peer-review later this year and developing guidance for PFAS monitoring under state-issued permits. The work is expected to fuel EPA plans under the roadmap to lower PFAS discharges into waterways, including gaining data for eventual effluent limitation guidelines (ELGs) on industrial discharges, and finalizing...

EPA Defends Interim PFAS Advisories, Citing Risks Of Replacements

A top EPA official is defending the agency’s decision to issue interim health advisory levels (HALs) for the two most studied per- and polyfluoroalkyl substances (PFAS), saying the agency needed to do so in order to avoid creating the misimpression that the substances pose lower risks than the two replacement chemicals for which EPA issued final levels. It “would look really odd” and would be misinforming people if EPA had held back on the health advisory information for perfluorooctanoic acid...

House Appropriators Press EPA To Link PFAS Spending To ‘Roadmap’

House appropriators are backing EPA’s plans to regulate per- and polyfluoroalkyl substances (PFAS) by fully funding the agency’s fiscal year 2023 budget request for PFAS activities, but at the same time are raising concerns that the Biden administration has failed to clearly link its budget request with its PFAS “roadmap.” For FY23, EPA has requested roughly $126 million for PFAS activities, a significant increase over the $75 million appropriated for FY22, and House appropriators are indicating they plan to maintain...

Industry Vows To Fight PFAS Purchasing Limits In FY23 Defense Bills

The textile industry is signaling it will fight proposed restrictions on the Defense Department’s (DOD) procurement of firefighting gear containing per- and polyfluoroalkyl substances (PFAS), after House and Senate Armed Services committees included bipartisan provisions in their annual defense bills limiting such purchases. In a June 21 letter to the House Armed Services Committee -- which was sent before lawmakers restricted Pentagon purchasing of firefighting gear containing PFAS -- the National Council of Textile Organizations and the American Apparel and...

PEER Urges EPA To Extend PFOA, PFOS Advisories To Precursors

Whistleblower group Public Employees for Environmental Responsibility (PEER) is urging EPA to expand its drinking water health advisories for two well-known per-and polyfluoroalkyl substances (PFAS) to include the chemicals’ precursors, saying the agency’s failure to do so will endanger public health and the environment. In a June 27 letter to EPA water chief Radhika Fox, PEER says it is pleased EPA is following the science in issuing interim drinking water health advisories of 4 parts per quadrillion (ppq) for PFOA...

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