In 2022, EPA began its implementation of its PFAS Roadmap, which was announced at the end of the previous year. In fact, the EPA issued its own PFAS review in its Year of Progress Report.

• EPA Slashed Drinking Water Health Advisories for PFAS. Some of the biggest news to come out the EPA this year was its June announcement of new drinking water health advisories for PFAS chemicals under the Safe Drinking Water Act. The advisories for PFOS and PFOA set in 2016 were lowered from 70 ppt to .02 ppt (PFOS) and 0.004 ppt (PFOA)—an over 99.9% reduction. The EPA also added new interim health advisories for two other types of PFAS: 10 ppt for GenX and 2,000 ppt for PFBS.

The EPA stated: “The updated advisory levels, which are based on new science and consider lifetime exposure, indicate that some negative health effects may occur with concentrations of PFOA or PFOS in water that are near zero and below EPA’s ability to detect at this time.”

The EPA’s health advisories are “not to be construed as legally enforceable federal standards” but rather “describe information about health effects, analytical methodologies, and treatment technologies.” EPA has stated in its Year of Progress Report that proposing enforceable limits is a 2023 priority.

• EPA’s Proposed Designation of PFOS and PFOA as CERCLA Hazardous Substances. Last year the EPA released its proposed designation of the two most well-known PFAS compounds – perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) – as hazardous substances under CERCLA. The EPA has identified completing these designations as a priority for 2023 in its Year of Progress

Focus on Forever covered the news in a Special Edition, providing viewpoints from across the firm on what this means for environmental justice, ESG, mergers, and litigation.

• EPA Added Five PFAS to its Toxics Release Inventory List. Last year, the EPA announced the addition of four types of PFAS (later changed to five) to its Toxics Release Inventory list. The TRI “tracks the management of certain toxic chemicals that may pose a threat to human health and the environment.” Facilities that manufacture, process, or otherwise use chemicals listed on the TRI must submit annual reports to EPA that includes data about such chemicals’ release into the environment and the facilities’ waste management practices. These new additions join the 175 PFAS already added to the TRI list pursuant to the requirements of the 2020 National Defense Authorization Act.