EPA Issues Notice of Public Meeting on Environmental Justice Considerations for the Development of the Proposed PFAS National Primary Drinking Water Regulation
On February 9, 2022—just in time for coverage during King & Spalding’s two-part Environmental Justice seminar series—EPA issued an official notice of two public meetings to “discuss and solicit input on environmental justice considerations” inherent in the development of PFAS national drinking water regulations under the Safe Drinking Water Act. EPA announced that it would be soliciting input on how these regulations could result in fair treatment regardless of race, color, national origin, or income, and that the public meetings will have “a particular focus on unique challenges faced by communities disproportionately burdened by environmental harms and risks.” EPA has requested written comments on these issues on or before April 20, 2022, with the public meetings to occur on March 2, 2022 and April 5, 2022.
Second and Third Public Meetings of the EPA’s Scientific Advisory Board Drinking Water Committee Conclude
On February 16 and 18, the EPA’s Scientific Advisory Board (SAB) Drinking Water Committee (DWC) concluded its second and third public meetings regarding EPA’s efforts to update the list of unregulated drinking water contaminants on the draft Fifth Contaminant Candidate List (CCL5). In advance of the two final meetings, SAB DWC Panel Members provided written preliminary comments regarding (1) the process for developing the CCL5, as well as (2) whether any contaminants currently listed should be removed, or any potential contaminants not currently included should be added. One SAB DWC Panel Member, Dr. Rebecca Sutton, suggested an expanded definition of PFAS to include “any compound that contains at least one fully fluoridated methyl or methylene carbon atom (i.e. without any H/Cl/Br/I atom attached to it),” which is consistent with the Organization for Economic Co-operation and Development (OECD) PFAS definition.
If you’re still left scratching your head at what chemicals are included in this definition, don’t worry, you aren’t alone. The bottom line is that Dr. Sutton’s proposed definition would expand the chemicals falling under the current “PFAS” definition, which currently covers over 1,300 chemicals. Be on the lookout for a final CCL5 later this year.
EPA Issues Enforcement Alert Concerning PFAS in Ski Wax
This newsletter previously featured testing identifying PFAS in anti-fogging agents used for glasses and goggles. With ski season in full swing, we also report on EPA recently issuing one of its rare Enforcement Alerts concerning the identification of PFAS that are not listed on the TSCA Inventory in “several high-performance ski wax consumer products.” Because such PFAS are not on the TSCA Inventory, EPA has not reviewed them for health risks as required prior to being allowed for manufacture, processing or import in the United States. The Enforcement Alert also describes settlements with certain manufacturers, including agreement by one manufacturer to create and launch an education program for the ski racing community concerning PFAS.
