-
arvind
- March 31, 2024
In 2024, the regulation of PFAS (per- and polyfluoroalkyl substances) has seen significant developments both in the U.S. and Europe.
United States
- EPA’s Final Rule on Drinking Water Standards:
- The EPA has established the first-ever national drinking water standards for PFAS, covering compounds like PFOA, PFOS, PFNA, PFHxS, and HFPO-DA (GenX chemicals). This regulation aims to protect public health by limiting exposure to these “forever chemicals” in drinking water. Public water systems are required to reduce PFAS levels to meet the new standards within five years (US EPA) (US EPA).
- CERCLA Designation:
- PFOA and PFOS have been designated as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This designation mandates reporting of significant releases, facilitates cleanup actions, and ensures polluters bear the cleanup costs. This rule became effective on July 8, 2024 (JD Supra).
- Legal Challenges:
- There have been legal challenges to EPA’s regulations, particularly the national primary drinking water regulations (NPDWR) for PFAS. Petitioners argue that the EPA exceeded its statutory authority under the Safe Drinking Water Act (SDWA) and did not adhere to Congressional mandates (JD Supra).
Europe
- REACH Regulation:
- The European Chemicals Agency (ECHA) continues to focus on PFAS through the REACH regulation. This includes ongoing consultations and considerations for restrictions on these substances due to their persistence and bioaccumulative properties. ECHA is actively working on updating the list of substances of very high concern (SVHC), which includes various PFAS compounds (Homepage – ECHA).
- Microplastics Restrictions:
- The REACH committee is also progressing on restricting microplastics, which often contain PFAS. This comprehensive approach aims to mitigate environmental and health risks associated with these substances (Homepage – ECHA).
These steps represent a significant push towards regulating PFAS, driven by growing evidence of their harmful impacts on health and the environment. The regulations are intended to reduce human exposure, enforce cleanup, and ensure that the industries responsible for PFAS pollution are held accountable.