In 2024, the EPA proposed a PFAS rule with a January 17, 2025, comment deadline in response to questions from the industry regarding the effective date of supplier notifications for mixtures or trade name products containing a per- or polyfluoroalkyl substance (PFAS) listed on the Toxics Release Inventory (TRI). 90 Fed. Reg. 10043. Stakeholders questioned whether the supplier notification requirements for PFAS begin on January 1, 2025, when PFAS were to be added to the statutory TRI chemical list, or upon EPA completing a rulemaking to include the added PFAS in the Code of Federal Regulations. The EPA has reopened the comment period to allow interested parties additional time to evaluate how the proposed rule may impact parties potentially subject to the change. On February 21, 2025, the EPA extended the comment deadline to March 24, 2025.
The EPA’s February 21, 2025, notice extending the comment period specifically addressed the following notices:
- Draft National Recommended Ambient Water Quality Criteria for the Protection of Human Health for Perfluorooctanoic Acid, Perfluorooctane Sulfonic Acid, and Perfluorobutane Sulfonic Acid, 89 Fed. Reg. 105041. The EPA announced the availability of a draft of their recommended national Clean Water Act (CWA) ambient water quality criteria (AWQC) for the protection of human health for three PFAS for a 60-day public comment period. The EPA indicated that it developed these draft PFAS recommended human health criteria (HHC) to reflect the latest scientific information consistent with current EPA guidance, methods, and longstanding practice. Comments are due April 25, 2025.
- Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS), 90 Fed. Reg. 3859. According to the EPA, the findings show there may be human health risks associated with exposure to PFOA or PFOS with all three methods of using or disposing of sewage sludge — land application of biosolids, surface disposal in landfills, or incineration. Comments are due April 16, 2025.
- 90 Fed. Reg. 10078. The EPA has reported in each Federal Register notice that comments previously submitted need not be resubmitted as they are already incorporated into the public record and will be considered in the final action as appropriate. Where appropriate, the EPA may consider further extending the comment periods.
It remains to be seen how the EPA will respond to the comments being solicited by the respective dates identified above. Stakeholders are closely following developments to track any new regulatory compliance obligations.eing solicited by the respective dates identified above. Stakeholders are closely following developments to track any new regulatory compliance obligations.
