On June 21, 2022, EPA’s Spring Regulatory Agenda was released which contains several important PFAS rules for the implementation of the Roadmap. The regulations are from the Office Water, Office of Land and Emergency Management and Office of Chemical Safety and Pollution Prevention. While the Office of Air and Radiation is included in the Roadmap, there are no pending proposed or final stage regulations.
Pre-rule Stage
PFAS-Related Designations as CERCLA Hazardous Substances – Office of Land and Emergency Management (2050-AH25)
On October 18, 2021, EPA released its PFAS Strategic Roadmap which builds on and accelerates implementation of existing plans to address PFAS and commits to bolder new policies to address PFAS in the environment.
The EPA is considering an Advance Notice of Proposed Rulemaking in which the Agency will seek public input on further PFAS-related designations under CERCLA. As examples, the Agency may request input regarding the potential hazardous substance designation of precursors to PFOA and PFOS; hazardous substance designation of additional PFAS; and designation, or designations of classes or sub-classes of PFAS as hazardous substances. EPA’s action includes plans to publish an ANPRM in November 2022.
Proposed Rule Stage
Per- and polyfluoroalkyl Substances (PFAS): Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) National Primary Drinking Water Regulation Rulemaking – Office of Water (2040-AG18)
On March 3, 2021, the Environmental Protection Agency (EPA) published the Fourth Regulatory Determinations in Federal Register, including a determination to regulate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) in drinking water. Per the Safe Drinking Water Act, following publication of the Regulatory Determination, the Administrator shall propose a maximum contaminant level goal (MCLG) and a national primary drinking water regulation (NPDWR) not later than 24 months after determination and promulgate a NPDWR within 18 months after proposal (the statute authorizes a 9-month extension of this promulgation date). With this action, EPA intends to develop a proposed national primary drinking water regulation for PFOA and PFOS, and as appropriate, take final action. Additionally, EPA will continue to consider other PFAS as part of this action. This action provides a key commitment in EPA's 'PFAS Strategic Roadmap: EPA's Commitments to Action 2021-2024. The statutory deadline for a final rule is September 3, 2024. EPA’s actions include plans to publish a NPRM in December 2022 and a final rule in December 2023.
Designating PFOA and PFOS as CERCLA Hazardous Substances – Office of Land and Emergency Management (2050-AH09)
On October 18, 2021, EPA released its PFAS Strategic Roadmap which builds on and accelerates implementation of existing plans to address PFAS and commits to bolder new policies to address PFAS in the environment. The proposal to designate PFOA and PFOS as hazardous substances was one of several actions mentioned in the Strategic Roadmap. Such designations would require facilities across the country to report on PFOA and PFOS releases that meet or exceed the reportable quantity. EPA’s actions include plants to publish a NPRM in June 2022 and a final rule in August 2023.
Sectors Affected: 314110 Carpet and Rug Mills; 322121 Paper (except Newsprint) Mills; 322130 Paperboard Mills; 324110 Petroleum Refineries; 325510 Paint and Coating Manufacturing; 325992 Photographic Film, Paper, Plate, and Chemical Manufacturing; 325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing; 332813 Electroplating, Plating, Polishing, Anodizing, and Coloring; 424710 Petroleum Bulk Stations and Terminals; 488119 Other Airport Operations; 562212 Solid Waste Landfill; 811192 Car Washes; 922160 Fire Protection.
Changes to Reporting Requirements for Per- and Polyfluoroalkyl Substances; Community Right-to-Know Toxic Chemical Release Reporting – Office of Chemical Safety and Pollution Prevention (2070-AK97)
EPA is developing a proposal to add per- and polyfluoroalkyl substances (PFAS) subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act (PPA) to the list of Lower Thresholds for Chemicals of Special Concern (Chemicals of Special Concern). The addition of the PFAS to the Chemicals of Special Concern list will eliminate the use of the de minimis exemption, eliminate the option to use Form A, and will limit the use of range reporting. In addition, EPA is proposing to eliminate the use of the de minimis exemption under the Supplier Notification Requirements for facilities that manufacture, or process all chemicals included on the Chemicals of Special Concern list. Chemicals of Special Concern may be found in products below de minimis levels, this is especially true for PFAS which are used at low concentrations in many products. However, because of the widespread use of PFAS and their (or their degradants) persistence in the environment even concentrations below de minimis levels can contribute significantly to environmental loading. The elimination of the de minimis exemption for supplier notification purposes will help facilities to identify potential sources of PFAS and other Chemicals of Special Concern. EPA believes that the elimination of the de minimis exemption under the Supplier Notification Requirements for PFAS and other Chemicals of Special Concern will result in a more complete picture of the releases and waste management quantities for these chemicals. EPA’s action includes plans to publish a NPRM in September 2022 and a final rule in November 2023.
Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI) – Office of Chemical Safety and Pollution Prevention (2070-AL03)
EPA is developing a rulemaking to add certain per and polyfluoroalkyl substances (PFAS) to the list of chemicals reportable under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA). The addition of these PFAS is in direct response to a statutory mandate under section 7321(d) of the National Defense Authorization Act for Fiscal Year 2020 (NDAA). Under section 7321(d) of the NDAA, EPA is required to evaluate whether certain specific PFAS meet the EPCRA section 313 listing criteria by December 2021 and is required to add any PFAS that EPA determines meet the listing criteria by December 2023. EPA’s actions include plans to publish a NPRM in February 2023 and a final rule in November 2023.
Inactive Inventory Per- and Polyfluoro Alkyl Substances (PFAS) Significant New Use Rule – Office of Chemical Safety and Pollution Prevention (2070—AL10)
EPA is developing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for certain uses of Inactive Inventory Per- and Polyfluoro Alkyl Substances (PFAS). Persons subject to the Inactive Inventory PFAS SNUR would be required to notify the EPA at least 90 days before commencing manufacture or processing for any use that EPA has determined is a significant new use. The required notifications would initiate EPA's evaluation of the intended use within the applicable review period. Manufacture and processing for the significant new use would be unable to commence until EPA has conducted a review of the notice, made an appropriate determination on the notice, and taken such actions as are required in association with that determination. EPA’s actions include plans to publish a NPRM in September 2022 and a final rule in June 2023.
Final Rule Stage
Reporting and Recordkeeping for Perfluoroalkyl or Polyfluoroalkyl Substances Under Section 8(a)(7) of the Toxic Substances Control Act (TSCA) - Office of Chemical Safety and Pollution Prevention (2070-AK67)
EPA published a proposed rule on June 28, 2021, addressing reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under section 8(a)(7) of the Toxic Substances Control Act (TSCA). In accordance with obligations under TSCA section 8(a), as amended by section 7351 of the National Defense Authorization Act for Fiscal Year 2020, persons that manufacture (including import) or have manufactured these chemical substances in any year since January 1, 2011 would be subject to the reporting and recordkeeping requirements. In addition to fulfilling statutory obligations under TSCA, EPA expects that the proposed rule would enable EPA to better characterize the sources and quantities of manufactured PFAS in the United States. EPA published an NPRM on June 28 2022 (86 FR 33926) and intends to publish a final rule in December 2022.
Sectors Affected: 324 Petroleum and Coal Products Manufacturing; 325 Chemical Manufacturing; 326113 Unlaminated Plastics Film and Sheet (except Packaging) Manufacturing; 327910 Abrasive Product Manufacturing; 333999 All Other Miscellaneous General Purpose Machinery Manufacturing; 334511 Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System and Instrument Manufacturing; 336111 Automobile Manufacturing; 423510 Metal Service Centers and Other Metal Merchant Wholesalers; 424690 Other Chemical and Allied Products Merchant Wholesalers; 447190 Other Gasoline Stations; 551112 Offices of Other Holding Companies; 562 Waste Management and Remediation Services
NDAA Mandated Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory for Reporting Year 2022 - Office of Chemical Safety and Pollution Prevention (2070-AL04)
Section 7321 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA) provides a framework for per- and polyfluoroalkyl substances (PFAS) to be added automatically to the Toxics Release Inventory (TRI) list on January 1 of the year following certain EPA actions. In December 2021, EPA announced the statutory addition of the PFAS chemicals covered by the NDAA to the list of chemical substances subject to reporting for the TRI. This regulatory action amends the Emergency Planning and Community Right-to-Know Act (EPCRA) regulations in 40 CFR part 372 to reflect this statutory addition. EPA’s actions include intent to publish a final rule in June 2022. Note: EPA published final rules on June 22, 2020 that added 172 per- and polyfluoroalkyl substances to the TRI list to comply with Section 7321 of the NDAA. (85 FR 37354.)
