The Massachusetts Department of Environmental Protection (“MassDEP”) has finalized its enforceable Maximum Contaminant Level (“MCL”) drinking water standards for a group of six per- and polyfluoroalkyl substances (“PFAS”) after proposing similar regulatory provisions in December 2019. Under the new regulations, the MCL is set at 20 nanograms per liter (i.e., 20 parts per trillion) for the sum of the concentrations of these six distinct PFAS contaminants: perfluorooctane sulfonic acid (“PFOS”); perfluorooctanoic acid (“PFOA”); perfluorohexane sulfonic acid (“PFHxS”); perfluorononanoic acid (“PFNA”); perfluoroheptanoic acid (“PFHpA”); and perfluorodecanoic acid (“PFDA”). No later than December 31, 2023, and every three years thereafter, MassDEP will review the science and state of PFAS analytical/treatment methodologies to determine whether these drinking water standards should be amended.
Late summer this year has brought a surge of activity related to per- and polyfluoroalkyl substances (PFAS). The U.S. Environmental Protection Agency (EPA) research office reported at an industry conference last week that it was evaluating ways to divide PFAS compounds into categories for purposes of risk assessment and risk management. This aligns with the approach supported by industry groups but conflicts with demands from environmental advocates that EPA study each compound separately. Because of the complexity and number of individual PFAS molecules, which number in the thousands, categorization would likely expedite the review process.
Washington state’s Department of Ecology has identified 11 categories of products that are subject to the Safer Products for Washington program under Chapter 70.365 RCW, passed in 2019. Washington state has been among the most active states in the field of “green chemistry laws,” whereby state agencies seek to promote the transition to safer alternatives of toxic substances. The law potentially applies to any consumer product, defined as “any item, including any component parts and packaging, sold for residential or commercial use.” Exemptions are provided for inaccessible electronic components, motorized vehicles, food, drugs, chemicals used to produce agricultural commodities, and certain other goods.
As part of the increased of per- and polyfluoroalkyl substances (PFAS), the Environmental Protection Agency (EPA) has proposed new use restrictions that may limit imports of certain products into the United States.
As of January 1, 2020, companies have new obligations to report releases of per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) based on the National Defense Authorization Act (NDAA) for Reporting Year 2020. The NDAA added reporting obligations for 172 individual PFAS chemicals. This potentially impacts any company using any of these PFAS chemicals in their processes, including use of PFAS-containing firefighting foam for training and/or actual fire suppression. This webinar will address this change and also review recent updates to the general regulatory landscape for PFAS issues and practice pointers for TRI enforcement and voluntary disclosures to reduce liability.