On September 24, the Government Accountability Office (GAO) issued a report urging the Department of Energy (DOE) to increase efforts and establish a deadline for surveying sites potentially impacted with PFAS. The
DOE is presently implementing a PFAS strategic roadmap that establishes the DOE goals as they pertain to PFAS: understand, manage and protect, advance solutions, and communicate and collaborate. The GAO report acknowledges that the DOE is early in the process and some inaccessibly issues could reasonably limit their progress.
EPA is suggesting that waste-to-energy (WTE) facilities could qualify as passive receivers of PFAS waste to earn waivers from Superfund liability for PFAS contamination. With EPA announcing that it will retain the designation of PFOA and PFOS as hazardous substances under CERCLA, this is would be an important distinction for WTE facilities. There is developing legislation from the Senate Environment & Public Works Committee to protect passive receivers from implications of the CERLA designation.
On October 3, the Office of Environmental Health Hazard Assessment (OEHHA) in California announced the development of
a public health goal (PHG) for PFHxS and an update of the PHG for arsenic. There is a 30-day public comment period extending until November 3, 2025. The established PHGs are used as a health basis for the development of maximum contaminant levels (MCL). OEHHA originally recommended a notification level (NL) for PFHxS of 2 nanogram per liter (ng/L) in 2022, and the Water Board established the NL at 3 ng/L. Public water supply sampling over the past three years has found PFHxS present from 1.1 to 14,000 ng/L. The current PHG for arsenic of 4 ng/L (established in 2004), and the California MCL is 10,000 ng/L. Over the past three years, sampling of public water supplies has found arsenic present from 100 to 1,560,000 ng/L, with 11% of results from sampled wells greater than the MCL. As part of the development of the PHG for PFHxS and updated PHG for arsenic, OEHHA will consider all relevant toxicological information, as well as consider the rescinded USEPA MCL for PFHxS of 10 ng/L.
Washington state officials have decided to dispose of the state’s PFAS-containing firefighting foam via incineration, citing technological efficiency, safety and streamlined regulatory process. The stockpile includes approximately 32,000 gallons of aqueous film forming firefighting foam. The incineration will be performed at a Resource Conservation and Recovery Act (RCRA)-permitted, Clean Air Act-permitted hazardous waste incinerator. The decision comes after evaluating other options, including storage until better technology becomes available; solidification and landfilling in an appropriate landfill; Class I deep well injection; and taking no action.