Forever chemicals, or PFAS, have received a great deal of regulatory consideration in the past 12 months, marked by the promulgation of several important regulations this past spring.
The frequency and timing of these new regulations can likely be attributed to concern from federal agencies that if we have a new administration in 2025, regulations being finalized later in 2024 could potentially be subject to the Congressional Review Act and rolled back.
PFAS are chemicals that resist breaking down to simpler compounds in the natural environment. Due to its durability and resistance to water, grease and heat, PFAS can be found in many common items such as cosmetics, pizza boxes, microwave popcorn bags, non-stick cookware, water-resistant fabrics, aqueous film forming foams (AFFF) and more. The carbon-fluorine bond found in all PFAS chemicals is among the strongest chemical bonds around, which results in its longevity and recognition as a forever chemical.
The EPA has been following the PFAS Strategic Roadmap that was rolled out by EPA Administrator Michael Regan in October 2021. The roadmap is an ambitious, multi-office list of tasks for the EPA to complete, which the agency has taken very seriously. The EPA has a sound approach to considering the lifecycle of PFAS that includes getting upstream of the problems these chemicals present, holding polluters accountable, ensuring science-based decision-making and prioritizing that the protection of disadvantaged communities is focused on the goals of research, restriction and remediation.
Several regulations published in the U.S. Federal Register this year stand out. In April, EPA published drinking water standards for six PFAS chemicals: perfluorooctanoic acid, perfluorooctanesulfonic acid (PFOA), perfluorohexanesulfonic acid (PFOS), perfluorononanoic acid, hexafluoropropylene oxide dimer acid and perfluorobutanesulfonic acid. These chemicals are referred to as the EPA 6 or even PFAS6. These limits were effective in June, but water utilities have until 2027 to meet the standards.
In April, EPA identified PFOA and PFOS under the Comprehensive Environmental Response, Compensation and Liability Act — also known as Superfund — as hazardous substances with a reportable quantity of one pound, making PFAS polluters subject to long-term liability and more stringent release reporting. Two more proposed regulations under the Resource Conservation and Recovery Act, the law that regulates hazardous wastes from cradle to grave, were proposed in February, but have not yet been finalized. In addition to the PFAS6, EPA proposed adding three other PFAS chemicals — perfluorodecanoic acid, perfluorohexanoic acid and perfluorobutanoic acid — for a total of nine, to a list of hazardous constituents. This proposal wouldn’t classify these PFAS as hazardous waste yet, but it would grant EPA the authority to require testing and potential cleanup at hazardous waste facilities.
PFAS contamination is found in many types of media, including drinking water, be it sourced from the surface or groundwater, industrial wastewaters, municipal wastewaters, soils and liquid products such as AFFF, and solid items such as carpet or furniture. When it comes to water-based items contaminated with PFAS, there are three types of management technologies available: separation, disposal and destruction. If we can successfully separate the PFAS from the media, the resulting concentrated PFAS would still require an additional step, such as disposal or destruction. Examples of separation technologies include activated carbon, ion exchange, foam fractionation and reverse osmosis. Examples of destruction technologies include incineration and supercritical water oxidation. Disposal options are landfill and deep well injection.
PFAS contamination is a big problem, with multiple PFAS chemicals and different media impacted. As legislatures and regulatory agencies continue regulating PFAS, it is important to remain open to the technologies that work for different types of contamination, and that any regulations are applied in a fair and equitable manner, providing a level playing field for all.
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