ASTSWMO and the CEC Steering Committee support EPA’s ongoing efforts to develop guidance regarding the destruction and disposal of PFAS and PFAS-containing materials. This remains an area of active research and rapidly evolving understanding. EPA’s continued commitment to updating this guidance to reflect emerging science, technological advances, and implementation experience is appreciated. The transition to an annual update cycle demonstrates EPA’s commitment and recognition of the importance of providing timely information to States and other stakeholders responsible for managing PFAS-containing materials.
Over the past decade, State and Territorial Regulators have begun to prioritize contaminants of emerging concern (CEC) as information on substances like Per- and Fluoroalkyl Substances (PFAS) surfaces. ASTSWMO defines CECs to include any physical, chemical, biological, radiological substance or matter in any environmental media that may pose a risk to human and/or ecological health, is under regulated, and the presence, frequency of occurrence or source of which is not well understood, routinely monitored, and/or may lack analytical methods. Recent experiences with CECs, like PFAS, present unique challenges for States and Territories (States) at Federal Facility cleanups related to:
- Regulatory frameworks;
- State Involvement;
- Incorporating evolving science into government regulations and policies;
- Varied sources, processes, and findings in research; and
- Risk communication.
The discovery of CECs and a dearth of scientific information about their toxicity creates situations where risks at some Federal Facility cleanup sites are uncertain and potentially underestimated. Project teams may not have reliable information regarding site concentrations and risks, fate and transport, or standardized policies or methods for sampling or remediation of these contaminants. Stemming from this lack of information, public concern over CECs can create tension between regulatory agencies which can erode trust in public health institutions.
The purpose of this paper is to 1) identify issues that have complicated and slowed CEC evaluation at Federal Facilities, and 2) make recommendations for more efficient and comprehensive responses in the future. The paper is primarily focused on experiences with PFAS and related compounds as they are the most recent and pressing class of CECs regulators are faced with.
The Association of State and Territorial Solid Waste Management Officials (ASTSWMO) provides comments regarding the U.S. Environmental Protection Agency’s (EPA) Advanced Notice of Proposed Rulemaking (ANPRM) on Potential Future Designations of Per- and Polyfluoroalkyl Substances (PFAS) as CERCLA Hazardous Substances.
ASTSWMO Comments on U.S. EPA’s Proposed PFAS National Priority Drinking Water Regulation; Docket ID No. EPA-HQ-OW-2022-0114
ASTSWMO looks forward to working with EPA and our State Association partners on the proposed PFAS National Drinking Water Regulation. The proposed Maximum Contaminant Levels (MCL) of 4 parts per trillion (ppt) for PFOA and 4 ppt for PFOS, in addition to EPA’s proposal to address four additional PFAS (GenX, PFBS, PFNA, and PFHxS) as a mixture using a Hazard Index of 1, also impacts the cleanup work conducted under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA).
EPA Proposal Summary: On March 14, 2023, EPA announced the proposed National Primary Drinking Water Regulation (NPDWR) for six PFAS including perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA, commonly known as GenX Chemicals), perfluorohexane sulfonic acid (PFHxS), and perfluorobutane sulfonic acid (PFBS). The proposed PFAS NPDWR does not require any actions until it is finalized. EPA anticipates finalizing the regulation by the end of 2023.
EPA is requesting public comment on the proposed regulation. The public comment period will open following the proposed rule publishing in the Federal Register. Public comments can be provided at that time at www.regulations.gov under Docket ID: EPA-HQ-OW-2022-0114.
EPA will be holding two informational webinars about the proposed PFAS NDPWR on March 16, 2023, and March 29, 2023. The webinars will be similar, with each intended for specific audiences. Registration is required to attend. The webinar recordings and presentation materials will be made available following the webinars.
For more information on the proposed regulation, submitting comments, and registering for the webinars visit: https://www.epa.gov/sdwa/and-polyfluoroalkyl-substances-pfas
For information on ASTSWMO’s activities re: PFAS, visit: https://astswmo.org/cec-steering-committee/
ECOS, ACWA, ASDWA, and ASTSWMO commented on U.S. EPA’s proposed rule on Changes to Reporting Requirements: Per- and Polyfluoroalkyl Substances and to Supplier Notifications for Chemicals of Special Concern; Community Right-to-Know Toxic Chemical Release Reporting.
The ASTSWMO Contaminants of Emerging Concern (CEC) Steering Committee developed this document to provide examples, best practices, and recommendations that States may want to consider when developing a State CEC program.
The Association of State and Territorial Solid Waste Management Officials (ASTSWMO) appreciates the opportunity to provide comments regarding the U.S. Environmental Protection Agency’s (EPA) Proposed Rule, Designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Hazardous Substances.
The ASTSWMO Board of Directors approved an update to their March 2021 Position Paper on Addressing PFAS in November 2022. The paper acknowledges the work Federal and State agencies have taken to date and recommends federal regulatory action, guidance development, and further research to address PFAS.
The ASTSWMO Contaminants of Emerging Concern (CEC) Steering Committee hosted a webinar that focuses on key considerations for States interested in developing a State CEC program. On November 6, 2020, the Steering Committee gave an introductory presentation at which time we provided the ASTSWMO membership with an outline of activities being considered to further our CEC dialogue. The presentation ended with a call for input regarding questions and issues of concern from the membership as it pertains to the CEC dialogue and how we – as a Steering Committee – could further the development of successful State-led CEC programs in the absence of a federal framework. We picked up the conversation where we left off in November and digging deeper into practical considerations for developing a State CEC program.
The webinar covered several topics including internal and external engagement and collaboration, program scoping and identifying and prioritizing CECs.
