EPA shares updates on PFAS Plan, GSA procurement
On April 28, Environmental Protection Agency Administrator Lee Zeldin announced the agency’s strategy to further address PFAS, shorthand for per-and polyfluoroalkyl substances, sometimes called “forever chemicals.”
While seemingly ambitious but short on details, there are still a number of outstanding court cases that will help frame EPA’s ongoing and future control of PFAS, for example, EPA’s Maximum Contaminant Level (MCL) for drinking water is currently embroiled in litigation.
While Zeldin advocated to control PFAS during his tenure as a New York State Senator and then in Congress, recognizing many of the PFAS legacy contaminated sites in his home state, there remains uncertainty on how aggressive he and the EPA will be under President Trump’s Administration.
EPA’s current PFAS Plan illustrates ongoing PFAS control and regulation, but it also implies the science behind developing cleanup and other regulatory criteria will be reviewed, and more importantly, indicates “in the process of developing and taking action on a number of these items, Administrator Zeldin personally heard from Members of Congress on passive receiver issues where local water utilities will foot the bill for contamination and pass those costs onto consumers. This mindset and the need for a polluter pays model has guided a lot of the work to be done at EPA in the future.”
As NAPA has previously communicated, a ‘passive receiver’ liability exemption is of utmost importance.
On April 30, NAPA submitted industry priorities to the House Transportation & Infrastructure Committee, for the upcoming surface transportation reauthorization. In addition to advocating for more robust and sustainable highway construction funding (see NAPA’s separate submittal), NAPA also advocated for very specific liability exemptions associated with recycling potential PFAS-containing pavements, leading a highway materials coalition submittal.
Over the last year, NAPA has provided members-only discreet background and guidance information regarding airfield projects where contractors may encounter PFAS-containing pavements. NAPA continues to work with outside legal counsel to assist protecting industry assets.
“Understanding and mitigating the risks associated with the transport, storage and handling of potential PFAS materials is even more important as sectors such as airports and water utilities seek liability exemptions,” said Karen C. Bennett, partner in the Washington, D.C. office of E&W Law.
On May 1, U.S. Rep. Chris Pappas (D-NH), introduced legislation that would bar federal agencies from procuring various goods containing certain PFAS chemistries and prioritize the procurement of PFAS-free products, the latter provision which failed to be included in the annual defense legislation.
NAPA continues to hear from its membership regarding airfield pavement maintenance contracts related to PFAS and continues to work closely with researchers at University of Florida regarding its FAA-funded research to understand whether recycling PFAS-containing airfield pavements can be environmentally safe.
Individual companies navigating uncertainties associated with airfield pavements are encouraged to reach out directly to NAPA Vice President for Environment, Health, & Safety Howard Marks.
