EPA releases significant rules on PFAS
Similar to NAPA’s earlier communication on PFAS in airfield pavements, NAPA has now updated important recommendations for our members.
UPDATED 4.23.24
Last week, the Environmental Protection Agency (EPA) released its first finalized rulemaking on designating certain classes of per-and polyfluoroalkyl substances (PFAS), otherwise known as “forever chemicals,” as Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Superfund hazardous substances.
Coupled with the EPA’s April 10 release of PFAS drinking water standards and the agency’s proposed rulemaking on designating PFAS as Resource Conservation and Recovery Act (RCRA) hazardous waste (see NAPA comments), the agency has illustrated its seriousness in regulating these ubiquitous substances. Due to the unprecedented nature of these rulemakings – for example, there has never been a hazardous substance identified under ‘Superfund’, the program which has previously been only reserved for highly-contaminated sites – it is likely EPA’s new rulemakings will be challenged in court.
Part of the CERCLA rule requires certain facilities to report processing of PFAS. EPA also provides enforcement discretion for certain industry facilities or parties with PFAS contaminated environmental media (like soil or water).
While PFAS is ubiquitous in the environment, greater attention is being placed on airfield pavements due to the decades-long use of firefighting foam which contains high concentrations of PFAS, and at least for the firefighting foam, are readily mobile in the environment.
