The U.S. Environmental Protection Agency added three per- and polyfluoroalkyl substances (PFAS) to the list of chemicals subject to toxic chemical release reporting under the Emergency Planning and Community Right-to-Know Act and the Pollution Prevention Act.
This action implements the statutory mandate in the National Defense Authorization Act for Fiscal Year 2020 enacted on December 20, 2019. As this action is being taken to conform the regulations to a Congressional legislative mandate, notice and comment rulemaking is unnecessary. The final rule is effective July 6, 2021.
The PFAS being added to community right-to-know reporting requirements are:
- Perfluorooctyl iodide (CAS No. 507-63-1)
- Potassium perfluorooctanoate (CAS No. 2395-00-8)
- Silver(I) perfluorooctanoate (CAS No, 335-93-3).
Industrial facilities affected include coal mining, metal mining, electric utilities, chemicals and allied products manufacturing, petroleum bulk terminals and plants, and refuse systems as well as federal facilities, among other operations. The regulation lists facilities by NAICS codes.
NGWA has long been an industry leader in providing PFAS research, education, and resources to the public and scientific communities. In 2017, NGWA published Groundwater and PFAS: State of Knowledge and Practice, which was one of the first PFAS guidance documents to be released. It can be found at NGWA.org/PFAS, which is a complete resource center about the groundwater contaminants featuring a FAQs document, a top-10 facts sheet, a homeowner checklist, and more.
As in previous years, NGWA is once again hosting an event on the topic — the Fate of PFAS: From Groundwater to Tap Water virtual conference will take place June 22-23.