PFAS

Designation of PFOA and PFOS as Hazardous Substances Under CERCLA

On April 17, 2024, EPA issued the final rule designating two per- and polyfluoroalkyl substances —perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances under Section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). As a result of designation CERCLA and EPCRA reporting requirements apply to releases of PFOA or PFOS or their salts and structural isomers. For additional information on this rule, please visit the EPA’s website. 

Final Rule for PFAS National Primary Drinking Water Regulations

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulation establishing legally enforceable levels, called Maximum Contaminant Levels (MCLs), for six PFAS in drinking water. The EPA set individual MCLs for PFOA, PFOS, PFHxS, PFNA, and HFPO-DA (GenX Chemicals). Additionally, the EPA set a Hazard Index MCL for PFAS mixtures containing at least two or more of PFHxS, PFNA, HFPO-DA, and PFBS to account for combined and co-occurring levels of these PFAS in drinking water. The Hazard Index is a long-established tool that EPA regularly uses to understand health risk from chemical mixtures. The Hazard Index limits take into account that mixtures of PFAS can pose a health risk greater than each chemical on its own. EPA’s Maximum Contaminant Level Goal (MCLG) is the maximum level of a contaminant in drinking water at which no known or anticipated adverse effect on the health of persons would occur, based on health effects data. The MCLG and MCL for a PFAS may vary because current technology does not allow for measuring PFAS concentrations at the level of the MCLG. The final MCLs for the six PFAS are as follows:

This final rule triggers a number of steps to implement and comply. Public water systems must begin monitoring for these PFAS and have three years to complete initial monitoring (by 2027), followed by ongoing compliance monitoring. Water systems must also provide the public with information on the levels of these PFAS in their drinking water beginning in 2027. Public water systems have five years (by 2029) from the date of the final rule to implement solutions that reduce these PFAS if monitoring shows that drinking water levels exceed these MCLs. Beginning in five years (2029), public water systems that have PFAS in drinking water which exceeds one or more of these MCLs must take action to reduce levels of these PFAS in their drinking water and must provide notification to the public of the violation. 

To inform the final rule, EPA evaluated over 120,000 comments submitted by the public on the rule proposal (announced on March 14, 2023), as well as considered input received during multiple consultations and stakeholder engagement activities held both prior to and following the proposed rule. EPA expects that over many years the final rule will prevent PFAS exposure in drinking water for approximately 100 million people, prevent thousands of deaths, and reduce tens of thousands of serious PFAS-attributable illnesses.

For additional information on this final rule, please visit the EPA’s website.

Proposed Rulemaking for PFAS Hazardous Constituents under RCRA

On February 8, 2024, the US EPA proposed to amend its regulation under the Resource Conservation and Recovery Act (RCRA) by adding 9 specific per-and polyfluoroalkyl substances (PFAS), their salts, and their structural isomers to its list of hazardous constituents. The EPA’s rule proposes that the following 9 PFAS be regulated as hazardous constituents under RCRA*: Perfluorooctanoic acid (PFOA), Perfluorooctanesulfonic acid (PFOS), Perfluorobutanesulfonic acid (PFBS), Hexafluoropropylene oxide dimer acid (HFPO–DA or GenX), Perfluorononanoic acid (PFNA), Perfluorohexanesulfonic acid (PFHxS), Perfluorodecanoic acid (PFDA), Perfluorohexanoic acid (PFHxA), and Perfluorobutanoic acid (PFBA).

*Listing these PFAS as RCRA hazardous constituents does not make them, or the wastes containing them, RCRA hazardous wastes.

Entities potentially affected by this action include hazardous waste treatment, storage, and disposal facilities (TSDFs) with solid waste management units that have released or could release any of the PFAS proposed to be listed as RCRA hazardous constituents. RCRA section 3004(u) requires that any permit issued to TSDFs after November 8, 1984, require corrective action for all releases of hazardous waste or hazardous constituents from solid waste management units at the facility. EPA has identified 1,740 such facilities, which could be subject to additional corrective action requirements (pursuant to RCRA section 3004(u) and (v)) to address releases not already subject to corrective action pursuant to EPA’s corrective action regulations.

Final Rule Under the Toxic Substance Control Act (TSCA)

On September 28, 2023, the US EPA issued a final rule under the Toxic Substance Control Act (TCSA) to require reporting and recordkeeping for all imported and manufactured PFAS or PFAS-containing products for commercial purposes. This is applicable to all PFAS or PFAS-containing products manufactured since January 1, 2011, whether manufactured domestically or imported. The effective date for this rule is November 13, 2023. All entities, including small entities, have 18 months from the effective date (May 8, 2025) to report PFAS data to the EPA. Small manufacturers (as defined per 40 CFR 704.3) whose reporting obligations under this rule are exclusively from article imports will have 24 months from the effective date of this rule to report PFAS to EPA (November 10, 2025). EPA estimates that recordkeeping and reporting of at least 1,462 compounds will be covered under this rule.

Unregulated Contaminant Monitoring Rule (UCMR)

A requirement of the 1996 Safe Drinking Water Act (SDWA) amendments, the Unregulated Contaminant Monitoring Rule (UCMR) provides EPA authority to collect data on unregulated contaminants that are suspected of being present in drinking water and do not have health-based standards under the SDWA. Occurring once every 5 years, a total of 4 separate UCMR sampling events have been completed since it began in 2001, with a fifth currently underway (2023-2025).

Conducted from 2018-2020, EPA’s Fourth Unregulated Contaminant Monitoring Rule (UCMR4) sampling event, sampled for 6 different PFAS for which the EPA has proposed Maximum Contaminant Levels (MCLs) in finished drinking water nationwide. EPA’s Fifth Unregulated Contaminant Monitoring Rule (UCMR5) sampling event is currently active. EPA will utilize UCMR5 data to inform research priorities for PFAS found in drinking water. Under this initiative, Tennessee water systems are continuing all existing monitoring efforts while additionally adding monitoring efforts for lithium per UCMR5 requirements.

On August 17, 2023, EPA released the first UCMR5 dataset representing approximately 7% of the total sample results expected under UCMR5. For this dataset and more information about UCMRs, including reports and raw data, click here.

For Tennessee specific data regarding ongoing monitoring and testing of raw (source) water, please visit our TDEC PFAS dashboard.

Drinking Water Health Advisories for Four PFAS

In June 2022, EPA issued new and updated non-regulatory drinking water health advisories for four PFAS chemicals based on the agency’s assessment of the latest peer-reviewed science and health data. EPA released interim updated drinking water lifetime health advisories for PFOA and PFOS that replace those issued by EPA in 2016. At the same time, EPA also issued final health advisories for two other PFAS, perfluorobutane sulfonic acid and its potassium salt (PFBS), and for hexafluoropropylene oxide (HFPO) dimer acid and its ammonium salt (“GenX chemicals"). In chemical and product manufacturing, GenX chemicals are considered a replacement for PFOA, and PFBS is considered a replacement for PFOS. These new and updated advisory levels, based on new data considering lifetime exposure, indicate that some negative health effects may occur by consuming water with concentrations of PFOA or PFOS near zero. To provide Americans, including the most sensitive populations, with a margin of protection from a lifetime of exposure to PFAS from drinking water, EPA has established the following health advisory levels for four PFAS chemicals:

1. PFOA: 0.004 ppt
2. PFOS: 0.02 ppt  
3. PFBS: 2,000 ppt
4. GenX: 10 ppt

For more information the EPA health advisory levels for PFAS, please see the EPA Questions and Answers: Drinking Water Health Advisories for PFOA, PFOS, GenX Chemicals and PFBS webpage.

Regional Screening Levels and Removal Management Levels for PFAS at Superfund Sites

In May 2022, EPA announced the addition of five PFAS chemicals, for a total of six PFAS chemicals, to the list of Regional Screening Levels (RSL) and Regional Removal Management Levels (RML) for chemical contaminants at Superfund sites. RSLs are used to identify contaminated media (i.e., air, tap water, and soil) at a Superfund site that may need further investigation. In general, if a contaminant concentration is below the screening level no further action or investigation is needed. If the concentration is above the screening level, further investigation is generally needed to determine if some action is required. RMLs are used to support EPA’s decisions to undertake a removal action under CERCLA, such as providing alternative drinking water, or remediation of contaminated media, if necessary. Screening and removal management levels are not cleanup standards. They are risk-based values that help EPA determine if further investigation or actions are needed to protect public health, such as sampling, assessing risks, and taking further action, which could include providing alternative drinking water. These mechanisms allow site teams to make better site decisions that will protect nearby communities. The five PFAS additions include: GenX, PFOS, PFOA, perfluorononanoic acid (PFNA), and perfluorohexanesulfonic acid (PFHxS). For more information, visit EPA’s Regional Screening Levels for Chemical Contaminants at Superfund Sites and Regional Removal Management Levels for Chemicals webpages.

EPA’s PFAS Strategic Roadmap

In October 2021, EPA released the “PFAS Strategic Roadmap: EPA's Commitments to Action 2021-2024” which sets timelines by which EPA plans to take specific actions to address PFAS and to protect public health. The Strategic Roadmap describes EPA’s approach to addressing PFAS at the national level and describes the key actions EPA has underway and anticipates taking in the future to address PFAS. 

EPA’s PFAS Action Plan

In February 2019, EPA released the PFAS Action Plan which outlines steps the agency is taking to address PFAS and to protect public health. The Action Plan describes the EPA’s approach to identifying and understanding PFAS, approaches to addressing current PFAS contamination, preventing future contamination, and effectively communicating with the public about PFAS. The Action Plan describes the broad actions the EPA has underway to address challenges with PFAS in the environment and identifies more short-term and long-term actions that are currently being implemented to understand and address PFAS. 

PFAS Cleanup Assessments at Department of Defense Facilities

The Department of Defense (DOD) is currently conducting FPAS cleanup assessments at nearly 700 DOD installations and National Guard locations where PFAS was used or may have been released. These assessments include evaluation of historic records of PFAS use at installations, site inspections, and sampling of drinking water, groundwater or soil to determine the scope of PFAS contamination and need for mitigation and/or remediation action. DOD expects to complete all initial assessments by the end of 2023. 

Research and Development Program for PFAS Detection, Treatment and Destruction

DOD manages the largest research and development program in the nation devoted to PFAS detection, treatment, and destruction—with over $150 million in investments and another $70 million devoted to developing PFAS-free replacement firefighting foam. DOD is actively partnering with academic research institutions across the nation to develop the science to help manage PFAS. For more information please visit DOD's PFAS website. 

Department of Energy PFAS Management Policy

In September 2021, the Department of Energy (DOE) Deputy Secretary issued a policy memorandum that addresses PFAS management for DOE operations. The memorandum requires DOE to discontinue use of Aqueous Film-Forming Foam (AFFF) except for use in actual fire emergencies; to have fire protection personnel wear PFAS-protective personal protective equipment; to suspend disposal of waste containing PFAS; and to report PFAS-containing AFFF releases or spills to DOE’s Occurrence Reporting and Processing System which supports mission safety and field oversight. The policy also is intended to leverage the expertise of the National Laboratories to advance knowledge about PFAS contamination, its fate and transport in the environment, and innovative research and technological approaches to address it.

PFAS Strategic Roadmap

On August 18, 2022, DOE released the PFAS Strategic Roadmap:  DOE’s Commitments to Action 2022-2025, which outlines goals, objectives and specific actions the Department of Energy is taking to address risk from PFAS. DOE is also preparing an initial assessment report that will summarize the results of a preliminary evaluation of known historic or current PFAS uses, PFAS occurrence in the environment, and regulatory and stakeholder interactions at DOE program sites.

PFAS Exposure Assessments

The Centers for Disease Prevention and Control (CDC) and Agency for Toxic Substances and Disease Registry (ATSDR) conducted exposure assessments in communities known to have had PFAS levels in their drinking water in excess of the 2016 EPA health advisory levels. ATSDR conducted 10 PFAS exposure assessments, which looked at exposures in more than 2,300 individuals from over 1,400 households The primary goal of these exposure assessments was to provide information to communities about levels of PFAS in their bodies. For more information on the results of these assessments please visit the CDC's PFAS website. 

PFAS Scientific Research

The National Institute of Environmental Health Sciences (NIEHS) and the National Toxicology Program are supporting research to better understand many aspects of PFAS, including possible health effects, sources of exposure, and methods for removing the substances from the environment. NIEHS offers a publicly available, searchable database of published scientific papers about PFAS. 

The Interagency Policy Committee on PFAS

Led by the White House Council on Environmental Quality (CEQ), the Interagency Policy Committee on PFAS is designed to facilitate the high-level coordination of PFAS response activities across federal government agencies. The committee will work to coordinate and help develop new policy strategies to support research, remediation, and removal of PFAS in communities across the country. 

Environmental Protection Agency

• PFAS Analytic Tools
• Per- and Polyfluoroalkyl Substances (PFAS)
• Questions and Answers: Drinking Water Health Advisories for PFOA, PFOS, GenX Chemicals and PFBS 
• Research on Per- and Polyfluoroalkyl Substances (PFAS)

Agency for Toxic Substances and Disease Registry

• Per- and Polyfluoroalkyl Substances (PFAS) and Your Health

The White House

• Factsheet: Biden-⁠Harris Administration Launches Plan to Combat PFAS Pollution

Centers for Disease Control and Prevention

• PFAS Factsheet

U.S. Food and Drug Administration

• Questions and Answers on PFAS in Food

Tennessee Department of Health

• Department PFAS Informational Page

• Technical Resources for Addressing Environmental Resources of Per- and polyfluoroalkyl substances (Interstate Technology Regulatory Council)
  
• Technologies for Reducing PFAS in Drinking Water (EPA)
  
• Factsheet: PFOA & PFOS Drinking Water Health Advisories (EPA)
  
• American Water Works Association (AWWA) Briefing on PFAS