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.
A coordinated, science-based federal regulatory framework – developed and implemented in partnership with States and supported by clear authority, timelines, and funding – is essential to effectively address PFAS nationwide. States are prepared to lead implementation and enforcement, but federal clarity and statutory alignment is needed to ensure consistency, accountability, and progress. The Association urges accelerated development of this framework based on science as understanding of PFAS behavior and impacts continues to evolve.
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 United States Environmental Protection Agency (EPA) issued the first-ever national, legally enforceable drinking water standard to protect communities from exposure to harmful per-and polyfluoroalkyl substances (PFAS), also known as ‘forever chemicals.’
ASTSWMO is pleased that the U.S. Environmental Protection Agency (EPA) has finalized the per- and polyfluoroalkyl substances (PFAS) National Primary Drinking Water Regulation (NPDWR).
State and Territorial waste programs understand that as the new federal standards are adopted and implemented by States and Territories there will be significant challenges to our partners in the drinking water program. ASTSWMO emphasizes the need for our drinking water and land programs to work hand-in hand as these standards will have implications not only for our cleanup stakeholders but our State waste response programs.
The ASTSWMO Hazardous Waste Subcommittee submitted comments to EPA on April 8, 2024 regarding the proposed rule, Listing of Specific PFAS as Hazardous Constituents.
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 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.
Presentations from the Joint ACWA, ASDWA, and ASTSWMO PFAS Workshop.
Presentations
The ASTSWMO CEC Steering Committee will provide an overview of the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA also known as Superfund) and how these two statutes impact PFAS remediation.
Presentation
Experts from clean water programs will discuss the fundamentals of PFAS management under Clean Water Act authorities, both in the absence and presence of PFAS standards, and practical insights from around the US. Speakers will overview challenges affecting surface waters and highlight key areas for focused cross-program coordination to minimize unintended consequences.
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In this session, members from State drinking water programs will discuss the current regulatory landscape of drinking water standards and health advisories throughout the country at both the state and federal levels. Additionally, panelists will discuss the intricacies of tackling PFAS contamination in drinking water including testing and monitoring, treatment and disposal, and risk communication.
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This session will feature speakers from the Solid Waste Association of North America (SWANA) and North Dakota DEQ to discuss their perspectives on identifying areas of PFAS concern. North Dakota will also focus on the impact of PFAS in biosolids.
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