ASTSWMO’s 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

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 Statement on EPA’s Proposal for PFAS National Primary Drinking Water Regulation

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/

ASTSWMO Comment Letter to EPA’s Proposed Rule to Designate PFOA and PFOS as CERCLA Hazardous Substances

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.

ASTSWMO Position Paper: Addressing PFAS

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.

Webinar – How to Develop a State-led Contaminants of Emerging Concern (CEC) Program

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.

ACWA, ASDWA, ASTSWMO & ECOS Joint Comment Letter to EPA on CWA Effluent Limitations Guidelines and Standards: OCPSF Point Source Category Proposed Rulemaking

ASTSWMO joined ACWA, ASDWA and ECOS in submitting a joint comment letter to EPA on its proposed rulemaking, Clean Water Act Effluent Limitations Guidelines and Standards (EPA-HQ-OW-2020-0582) relating to the effluent limitations guidelines, pretreatment standards and new source performance standards applicable to the Organic Chemicals, Plastics and Synthetic Fibers (OCPSF) point source category to address discharges from manufacturers of PFAS.