Robinson & Cole LLP
Megan E. Baroni
December 5, 2019
Earlier this year, we wrote about EPA’s PFAS Action Plan, the agency’s blueprint for addressing contamination and protecting public health from per- and polyfluoroalkyl substances (PFAS). The PFAS Action Plan, released in February 2019, details a number of actions EPA plans to take with regard to PFAS, including time frames for implementation. EPA has been making some progress towards implementation, albeit not always on the timeline set forth in the Plan. Below are a few updates since February:
Toxics Release Inventory (TRI) Listing for Certain PFAS Compounds
Yesterday, EPA published notice that it is considering a rule to add PFAS compounds to the list of toxic chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act. This listing would require certain industry sectors to annually report releases of these chemicals. The purpose of the TRI program is to provide the public with information, or, as EPA puts it, “A Right to Know, A Basis to Act.”
The published notice seeks comment from the public as to whether PFAS compounds should be included in the TRI. Specifically, EPA seeks input on:
- which PFAS compounds should be evaluated for inclusion;
- whether PFAS compounds should be listed individually or in categories;
- the appropriate reporting thresholds; and
- the human health and environmental toxicity, persistence, and bioaccumulation of PFAS.
The public comment period ends on February 3, 2020.
Regulation of PFAS Under the Safe Drinking Water Act (SDWA)
In the PFAS Action Plan, EPA committed to proposing regulatory determinations for PFOA and PFOS—two of the most common PFAS compounds—by the end of 2019. These regulatory determinations are the first step under the SDWA towards the development of Maximum Contaminant Levels (MCLs). EPA is still moving towards this goal, but the draft regulatory determinations are not likely to be released for public comment until early 2020.
Monitoring for PFAS
EPA intends to test for PFAS compounds during the next round of unregulated contaminant monitoring under the SDWA. The purpose of this monitoring is to collect data for contaminants that are suspected to be in drinking water but do not yet have established health-based standards under the SDWA. During the last round of monitoring, EPA tested for six PFAS compounds. EPA may look to expand that list, and it also plans to use newer sampling methods to detect compounds at lower minimum reporting levels than previously possible. The list of contaminants for the next round of testing is expected to be released in 2020.
“Megan E. Baroni has extensive experience counseling clients on a wide variety of environmental, health, and safety issues. As a member of Robinson+Cole’s Manufacturing Law Team, she frequently represents manufacturers and distributors and is a contributing author to the firm’s Manufacturing Law Blog, focusing on environmental, health, and safety trends that will impact the industry.”
This article is being provided for informational purposes only and not for the purposes of providing legal advice or creating an attorney-client relationship. You should contact an attorney to obtain advice with respect to any particular issue or problem you may have. In addition, the opinions expressed herein are the opinions of Ms. Baroni and may not reflect the opinions of Synergy Environmental, Inc., Robinson & Cole LLP or either of those firms’ clients.