4/7/21 
PFAS Developments in 2021

There has been a flurry of activity in early 2021 to address per- and polyfluoroalkyl substances (PFAS) at the U.S. federal level so this is a good time for a regulatory update on PFAS in wastewater and biosolids/residuals. In this article, NEBRAMail will also give you a snapshot of regional and state activities and highlight some resources you may find helpful in weeding through all the PFAS regulatory and legislative (Reg-Leg) information to figure out what it means for your operation or business.

Important Federal PFAS Developments

Shortly after President Joe Biden took office, 132 members of the bipartisan Congressional PFAS Task Force signed a letter outlining actions requested of the new administration to tackle PFAS concerns. NEBRA’s Reg-Leg Committee continues to monitor activities in Congress and the Northeast states’ legislatures. In the current Congressional session (the 117th), it is expected that Representative Dingle (Michigan) will reintroduce the PFAS Action Act and Representative Pappas (New Hampshire) will reintroduce PFAS Clean Water Standards Act. NEBRA is also watching for any legislation with proposals to designate of PFAS (individually or as a class) as a "hazardous substance" under the Superfund law or a "hazardous waste" under Resource Conservation and Recovery Act which could have major implications for residuals and biosolids management.

In federal regulatory news, the U.S. Government Accountability Office (GAO) reported in January on the U.S. Environmental Protection Agency (EPA)’s progress on its PFAS Action Plan. EPA announced in late February that it intends to regulate two PFAS (perfluorooctanoic acid PFOA and perfluorooctanesulfonic acid PFOS) under the Safe Drinking Water Act. EPA has also proposed the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) to collect new data on 29 PFAS in drinking water.

In mid-February, EPA held a stakeholder webcast to present the results of six months of work done by EPA’s PFAS Innovative Treatment Team (PITT), a dedicated full-time team of multi-disciplined EPA researchers brought together to concentrate on disposal and destruction options for PFAS-contaminated materials. EPA has proposed draft PFAS disposal and destruction guidance (see NEBRA comments on the guidance. PITT has published detailed research briefs on four of the technologies with potential including some NEBRA is familiar with for biosolids/residuals like pyrolysis/gasification (see NEBRA webinar on 5/22/20) and supercritical water oxidation (see NEBRA webinar on 8/28/20. Finally, EPA has issued an Advanced Notice of Proposed Rulemaking, regarding effluent limitation guidelines and pretreatment standards for PFAS from the Organic Chemicals, Plastics and Synthetic Fibers (OCPSF) source category.

EPA is finalizing its risk assessment approach for chemicals found in biosolids. The proposed approach includes (1) a risk assessment prioritization method, (2) a deterministic, screening-level model, and (3) a framework for probabilistic risk assessment. The risk assessment approach will undergo peer review by EPA’s Science Advisory Board in 2021. EPA also completed the scoping phase (also called problem formulation) for its biosolids PFOA and PFOS risk assessments. EPA held several problem formulation input sessions at the end of 2020. EPA plans to use the framework for probabilistic risk assessment for PFOA and PFOS in order to be consistent with the approach for all other biosolids chemical risk assessments. If EPA determines that PFOA or PFOS in biosolids may adversely affect public health or the environment, risk managers will consider options for numerical limitations and best management practices for these compounds. If regulatory limits are advised, the proposal will go through a standard regulatory process including peer review, inter-Agency and Office of Management and Budget review, as well as public comment. In addition to these PFAS efforts, EPA is planning for another National Biosolids Meeting 2021 this fall.

In other national regulatory news, The Environmental Council of the States recently published a report titled “Processes & Considerations for Setting State PFAS Standards”. ECOS -- a national nonprofit, nonpartisan association of state and territorial environmental agency leaders -- has established a webpage and a caucus specifically on the PFAS topic. In Regional news, the Northeast Biosolids Improvement Project continues to meet. The group was created by regional regulators and includes other stakeholders for beneficial reuse programs like wastewater operators and septage haulers. The Improvement Project has already developed outreach materials including a PFAS Flow Diagram (see graphic). The group will hold its 11th meeting on April 28th.

State-by-State Activities

Maine – several bills have been proposed in the legislature to establish Maximum Contaminant Levels (MCLs) for PFAS in drinking water. There is also a bill (LD 780) that establishes a liability exemption on uncontrolled hazardous substance sites for state or local governmental entities and publicly-owned treatment works or public water systems.

New Hampshire – Merrimack continues to fight with local PFAS manufacturer St. Gobain over emissions impacting Merrimack’s biosolids and drinking water. EPA has identified drinking water wells impacted by PFAS from a former landfill, now a Superfund site, in Greenland. EPA found PFAS in the materials used to cap the landfill.

Massachusetts – the pause continues in the MassDEP’s stakeholder process to develop PFAS screening limits for land-applied residuals. MassDEP’s Residuals Program continues to collect quarterly PFAS testing data from all Approval of Suitability (AOS) permit holders and recently established a new sampling protocol for PFAS in residuals.

Harvard University’s School of Engineering and Applied Sciences recently published an article in Environmental Science & Technology describing the results of a new analytical technique used to measure PFAS in groundwater on Cape Cod which has identified previously undetected PFAS in six watersheds on the Cape. According to the study, these previously undetected PFAS are not originating from aqueous film forming foam (AFFF). According to the publication announcement on Harvard’s website “The tests also revealed huge quantities of PFAS from unknown sources.”

Nearby in New Jersey -- the State is proposing to establish limits on PFAS discharges to surface waters.

NEBRA is also closely tracking PFAS research projects going on in the region such as the work at University of New Hampshire (see December 2020 NEBRAMail) and the University of Maine’s Mitchell Center for Sustainability Solutions as well as major research projects by the U.S. Geological Survey (see previous NEBRAMail article from 2/19/21 at https://www.nebiosolids.org/news). The Water Research Foundation is conducting several research projects in which NEBRA engineering consultant members are involved. NEBRAMail will continue to report on those projects from time to time. To stay up-to-date on scientific and research developments, check out the newly launched PFAS Scientific & Technical Resources website from Environmental Research & Education Foundation: https://erefdn.org/per-and-polyfluoroalkyl-substances-pfas-resource/.

NEBRA engineering consulting members – such as Brown & Caldwell – have been increasingly participating in NEBRA’s Reg-Leg and Research Committees to stay current on PFAS developments so as to best advise their clients. “While we are still living with regulatory uncertainty, we have been encouraging our local water utility clients to develop numerous options for managing their residuals and biosolids in the Age of PFAS,” says Brown & Caldwell’s Biosolids Practice Lead Natalie Sierra. “My best advice is to stay abreast of water-related PFAS developments, create flexible options for yourself, and stay tuned to NEBRA for the latest, reliable information.”