Federal legislative and regulatory activities around per- and polyflouoalkyl substances (PFAS) continue to ramp up. Under its multi-pronged PFAS Action Plan, the EPA has initiated studies and research and engaged with numerous stakeholders in developing their approach to addressing PFAS concerns. NEBRAMail is starting to see the results of some of these efforts and thought it was time for an update.

Most recently, the EPA Biosolids Program under the Office of Water released notes from it large stakeholders meeting in December in which NEBRA participated. EPA also released a summary from the November meeting to review the Agency’s problem formulation for PFOA and PFOS in biosolids, the first step in the risk assessment process. Problem formulation defines the conceptual model EPA will be using to assess the risk of PFAS chemicals in biosolids. The risk assessment process will determine what compounds and exposure pathways need to be prioritized and will help inform risk management options possibly including pollutant limits and/or best management practices.

On the wastewater side, EPA has announced the availability of its Final Effluent Guidelines Program 14 which will be used to inform potential discharge limits and Industrial Pretreatment Program requirements. FEGP-14 updates a multi-industry study of discharges to water resource recovery facilities from chemical manufacturers, airports, rug/textile operations, pulp/paper manufacturing and metal finishing. EPA will focus its study on PFAS and nutrients.

Another regulatory proposal to keep a close eye on – as it may have significant impacts on biosolids management – is EPA’s Advanced Notice of Proposed Rulemaking seeking input on whether PFAS should be designated as a hazardous substance under the Superfund law (CERCLA) and/or as a hazardous waste under the Resource Conservation and Recovery Act (RCRA). The ANPR, made public on January 14th, has not yet been published in the Federal Register as it is undergoing review by the new Biden administration, but it’s clear that PFAS will be a priority for the new President.

On the research front, EPA’s PFAS Innovation and Treatment Team (PITT) has completed its investigations into emerging PFAS destruction technologies. PITT has prepared a series of research briefs on four technologies that hold promise for PFAS destruction including pyrolysis and gasification and supercritical water oxidation. For more information and to read the briefs, go to https://www.epa.gov/chemical-research/pfas-innovative-treatment-team-pitt. On a related note with respect to thermal technologies, the Water Environment Federation (WEF) recently published a paper in conjunction with the Water Research Foundation titled “Per- and polyfluoroalkyl substances thermal destruction at water resource recovery facilities: A state of the science review” which is a great primer of the current state of research into the fate of PFAS through incineration systems.

As required by the National Defense Authorization Act (NDAA) for fiscal year 2020, EPA has drafted interim PFAS disposal and destruction guidelines. NEBRA’s Reg-Leg Committee worked on a comment letter mainly looking for clarification of the guidance’s applicability to land application of biosolids.

In the current Congress, the FY21 Appropriations bill includes $300 million for PFAS efforts including cleanup, regulatory/research work, a U.S. Food and Drug Administration study of food packaging, and help from the U.S. Department of Agriculture for dairy farmers. The FY21 NDAA includes PFAS provisions focused on the Department of Defense including funding for cleanup, new technologies and a study of health impacts on service members. WEF reports that it expects to see the bill HR-535 (PFAS Action Act) reintroduced which proposed to designate PFAS as a hazardous substance and establish effluent and pretreatment standards.

Amongst all this activity, the directors of the environmental agencies in the six New England states collaborated on a letter to EPA asking for specific actions regarding PFAS. Among the asks were to speed up Maximum Contaminant Level (MCL) determinations for drinking water, designate PFAS as hazardous, and expedite the risk assessment for biosolids. There is still a lot of PFAS-related legislative and regulatory activity taking place at the state level around the region. If you really want to stay abreast of development, consider joining NEBRA’s Reg-Leg Committee which meets monthly on the third Tuesday of the month at 2 pm EST.