U.S. EPA Announces New National Primary Drinking Water Regulations for PFAS

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) announced the first-ever legally enforceable drinking water standards for per- and polyfluoroalkyl substances (PFAS). PFAS are a group of thousands of manmade chemicals that have been manufactured and used globally since the 1940s. They are commonly found in textiles, cookware, packaging, plastics, and firefighting foams. PFAS are typically very persistent in the environment and in the human body, meaning that they do not break down and can accumulate over long periods of time. For that reason, they are often called “forever chemicals.” This action is the most recent step in the EPA’s October 2021 “PFAS Strategic Roadmap,” a report establishing action items to address PFAS contamination and timelines for their completion.

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EPA Proposes Enforcement Initiatives Addressing PFAS, Climate Change, and Environmental Justice

On January 19, 2023, the U.S. Environmental Protection Agency (EPA) published a Notice soliciting public comment on its proposal to add environmental justice, climate change, and per- and poly-fluoroalkyl substances (PFAS) contamination to its National Enforcement and Compliance Initiatives (NECIs) for the 2024–2027 fiscal year cycle.

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U.S. EPA Takes Additional Steps to Evaluate and Restrict PFAS in Pesticides

On September 13, the U.S. Environmental Protection Agency (EPA) published a notice proposing to remove 12 per- and polyfluoroalkyl substances (PFAS) from its list of inert ingredients approved for use in regulated pesticide products. The 12 PFAS are listed below. According to EPA’s review, none of the 12 PFAS are being used as inert ingredients in any registered pesticide products; however, removing chemicals from EPA’s list of approved inert ingredients ensures that any future proposed use of these PFAS as inert ingredients would require substantiation with data (including, among other things, studies evaluating potential carcinogenicity, genotoxicity, adverse reproductive effects) and approval by EPA.

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EPA Adds Four New PFAS to Toxic Release Inventory, Continues Addressing Strategic Roadmap Goals

As part of its continued focus on per- and polyfluoroalkyl substances (PFAS) regulations, the U.S. Environmental Protection Agency (EPA) has added four PFAS substances to the Toxics Release Inventory (TRI) list, including PFBS (perfluorobutane sulfonic acid) and potassium perfluorobutane sulfonate as well as two compounds listed at by their chemical identifier numbers — CASRN 65104-45-2 and CASRN 203743-03-7. (more…)

EPA to Initiate Rulemakings Addressing PFAS Under Resource Conservation and Recovery Act as “Hazardous Constituents”

The U.S. Environmental Protection Agency (EPA or Agency) announced that it will initiate two separate rulemakings to address PFAS (per- and polyfluorinated substances) under the federal Resource Conservation and Recovery Act (RCRA) — the law that provides EPA with authority to address hazardous waste from “cradle to grave.” EPA announced these policy proposals in response to a petition submitted to Administrator Michael Regan by New Mexico Gov, Michelle Lujan Grisham on June 23 requesting that the Agency take regulatory action to list PFAS either collectively or individually as “hazardous waste” under Subtitle C of the Act. (more…)