NAPA responds to EPA PFAS actions

The Environmental Protection Agency (EPA) is continuing its aggressive stance on regulating per-and polyfluoroalkyl substances (PFAS), otherwise known as “forever chemicals.”

Earlier this year, EPA proposed such chemicals should be considered as “hazardous constituents” under its federal (RCRA) hazardous waste program, not dissimilar to its prior proposed rule under Superfund.

On April 8, NAPA formally responded to EPA’s proposed hazardous waste designation. NAPA also partnered with the U.S. Chamber of Commerce, submitting more technical comments on this EPA Rulemaking.

On April 9, EPA released its Interim Guidance on disposing of PFAS. Bottom line in generic language – there is no good option to dispose of these forever chemicals.

On April 10, EPA finalized its PFAS drinking water standards with acceptable (legal) Maximum Contaminant Levels (MCLs) down in the low parts-per-trillion – exceedingly low and only reserved for less than a handful of the most toxic chemicals known. While it is likely the latter rulemaking will be litigated, a 2023 report from U.S. Geological Survey (USGS) identified that while almost half the U.S. water supply is contaminated with forever chemicals, the average PFAS concentration of the U.S. water supply, of those measured in the USGS report, is still slightly below EPA’s finalized MCLs.

Regardless, EPA and others estimate that thousands of public water systems will need to be updated at a cost of $40 billion in capital investments and billions in annual costs to meet the updated MCLs.

NAPA continues to advocate with Congress and regulatory agencies for realistic regulation regarding PFAS, especially related to airfield millings.