The EPA PFAS plan is a proposal to tackle PFAS issues on many levels. At the very least, companies involved in chemical, manufacturing and industrial sectors must take heed of the changes that are coming, make appropriate changes to business practices, and ensure compliance.
The PFAS Action Act of 2021 would impose new requirements on PFAS under various existing regulatory frameworks including those governing drinking water, wastewater discharges, air emissions, solid waste management and chemicals with expedited deadlines for action.
Tuesday, March 2, 2021
On March 1, 2021, the U.S. Government Accountability Office (GAO) publicly released a report entitled
Per- and Polyfluoroalkyl Substances (PFAS) Action Plan. GAO found that EPA completed three of six selected regulatory-related actions for addressing PFAS outlined in the
PFAS Action Plan. For two of the three completed actions, the steps EPA took were also in response to the National Defense Authorization Act for fiscal year 2020 (FY20 NDAA):
After proposing a supplemental significant new use rule (SNUR) in February 2020, EPA met a June 2020 deadline set in the FY20 NDAA when the EPA Administrator signed the final rule. Among other things, under the final rule, articles containing certain PFAS as a surface coating, and carpet containing certain PFAS, can no longer be imported into the United States without EPA review; and
Thursday, February 18, 2021
On February 10, 2021, Minnesota announced its “PFAS Blueprint“, a 191 page aggressive plan with its stated goal being to “protect our communities and environment from [PFAS].” The detailed plan sets out a proposal to bolster regulations regarding PFAS through both legislation and agency rulemaking efforts. The PFAS Blueprint lays out ten priority areas of focus for PFAS, and supporting proposed legislative action to accomplish each priority. If carried out in full, or even in part, the impact of the regulations will be felt well beyond Minnesota, as other states that are more aggressively addressing PFAS issues will follow suit. The ripple effects on downstream commerce sectors, including waste management, water utilities, manufacturing and construction, will be enormous.
While Mr. Regan was questioned on many topics during his hearing, his statements supported two key points we have been predicting for several months: (1) that Biden’s EPA will place top priority on PFAS and (2) that the EPA’s PFAS regulations under the Safe Drinking Water Act are coming – soon.