U.S. EPA Releases Memorandum Clarifying PFAS Monitoring and Reporting Requirements
EPA released a memorandum providing water systems with information on how they can use previously collected PFAS drinking water data from UCMR 5 or state monitoring programs to satisfy initial monitoring requirements in the final PFAS National Primary Drinking Water Regulation (NPDWR). The memorandum also provides guidance on implementing other aspects of the PFAS NPDWR monitoring and reporting requirements. Questions about the memorandum should be directed to
[email protected].
OR Proposes Rulemaking to Designate PFOS and PFOA as Hazardous Substances under State Law
The OR Cleanup Law, last updated in 2006, is proposed to be updated to include all compounds designated as hazardous substances per CERCLA, including PFOA and PFOS. This rulemaking would give the Department of Environmental Quality the authority to investigate and remediate PFOS and PFOA sites. OR Cleanup Law is structured like CERCLA and enables investigation and remediation with a strict liability for responsible parties.
EPA Reforms New Chemicals Review Process
EPA has finalized amendments to the regulations covering EPA’s review of new chemicals under TSCA. These amendments intend to ensure that chemicals, including PFAS, identified as persistent, bioaccumulative, and toxic (PBT) receive a safety review prior to their manufacture. The updates to TSCA includes excluding the exemption of low volume or low release and exposure owing to the extremely persistent nature of PFAS.
VA Launches PFAS Source Identification Effort Targeted Dischargers
VA regulators began an effort to identify the origin of PFAS in drinking water sources based on UCMR 5 data through monitoring and self-reporting of discharges from facilities that use or manufacture PFAS. The goal is to help drinking water systems meet the federal drinking water limits.
Congress Issues FY2025 Defense Authorization Bill
The House Armed Services Committee released the final negotiated version of the FY25 NDAA that would provide $895 billion for national defense. As it pertains specifically to PFAS, one of the excluded provisions from this NDAA was that the EPA's interim destruction and disposal guidance was to repeal the moratorium on AFFF-related waste incineration. Instead, the DoD is encouraged to update their own destruction and disposal guidance. This is interpreted to mean that the moratorium on AFFF-related waste incineration remains. DoD is updating their own destruction and disposal guidance, which includes incineration of AFFF-related waste as a last resort, and incineration of AFFF-related waste has not been conducted since the moratorium was established. Other exclusions include the EPA centers of excellence for advancing capabilities to detect and destroy PFAS in water sources, mandatory PFAS-healthcare training, and an update for stormwater management systems permits to mitigate PFAS discharges from DoD facilities.
EPA Proposes Adding PFAS Monitoring to Industrial Stormwater Permits
EPA is seeking public comment (by 2/11/25) on the 2026 proposed NPDES Multi-Sector General Permit (MSGP) for stormwater discharges from industrial activity. The existing MSGP is set to expire in February 2026. The MSGP is only binding in 3 states, but many states base their permitting on the MSGP. The inclusion of PFAS for 24 of the 30 industrial sectors covered by the permit (via adsorbable organofluorine and Method 1633) is only one part of the proposed changes to the MSGP, as 6PPD-quinone may be included, whether or not EPA should include benchmark monitoring for iron and magnesium, and changing the structure and schedule of impaired waters monitoring is up for comment as well.
