January 2, 2025
Last year proved to be a monumental year of action for the U.S. Environmental Protection Agency (EPA) in addressing per- and polyfluoroalkyl substances (PFAS). In 2024, EPA finalized milestone regulations, proposed numerous others, and issued updated guidance and enforcement orders in furtherance of its PFAS Strategic Roadmap commitment to restrict, remediate, and research PFAS to protect human health and the environment against these pervasive forever compounds.
PFAS are a class of thousands of chemicals that are water-, oil-, and heat-resistant, and have been produced and used since the 1940s in countless consumer and industrial products. The resilient characteristics of these compounds have led to their widespread use in products including cosmetics, water- and stain-resistant clothing, carpets, plastics, firefighting foam, and much more. PFAS exposure has been linked to a number of health concerns, including certain cancers, thyroid issues, liver and heart impacts, and developmental impacts in infants and children.
Below is a summary of some of the most significant actions EPA took in 2024 to address PFAS. For more detail on any of the listed actions, click the hyperlink in the date to view our blog post on that topic.
January
- January 9: EPA announced the addition of seven PFAS to the list of chemicals subject to the Emergency Planning and Community Right-to-Know Act (EPCRA) Toxics Release Inventory (TRI) reporting for the 2024 reporting year.
- January 11: EPA finalized a Significant New Use Rule under the Toxic Substances Control Act (TSCA) requiring a complete EPA review and risk determination prior to manufacture or processing of 329 inactive PFAS.
February
- February 8: EPA proposed two new rules that will support the use of the Resource Conservation and Recovery Act (RCRA) corrective action authorities to require PFAS cleanup:
- The first rule proposes to add nine PFAS compounds to the list of RCRA hazardous constituents, and
- The second rule proposes to amend the definition of “hazardous waste” that applies to corrective action to confirm that the full breadth of the statutory, and not the regulatory, definition of that term applies to RCRA corrective action.
March
- March 20: EPA issued the fourth in a series of orders under TSCA Section 4 requiring 3M Company and Wacker Chemical Corporation to test the physical-chemical properties of the PFAS compound 2-(N-Methylperfluoro-1-octanesulfonamido)ethanol (NMeFOSE), including health effects from inhalation. The compound has been used extensively in products such as clothing, carpet treatments, and furniture coatings. Tests have found NMeFOSE in air, biosolids, indoor dust and air, and in various environmental media outdoors.
April
- April 9: EPA released its Interim Guidance on the Destruction and Disposal of Perfluoroalkyl and Polyfluoroalkyl Substance and Materials Containing Perfluoroalkyl and Polyfluoroalkyl Substances—Version 2 (2024)—the first update of the Agency’s original PFAS destruction and disposal (D&D) interim guidance released in December 2020. In the 2024 update, EPA retains the three technologies highlighted in the 2020 guidance: underground injection, landfilling, and thermal treatment. The Agency also offers interim storage as a short-term waste management option, and encourages waste managers to select the D&D option with the lowest potential for PFAS releases to the environment (discussed in detail throughout the guidance).
- April 10: EPA announced finalization of the first-ever national drinking water standards for PFAS. This final rule sets enforceable limits for five individual PFAS and mixtures of a combination of up to four PFAS in drinking water.
- April 19: EPA announced its historic action to designate two PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). The rule designates perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances, resulting in reporting requirements and greater authority for EPA to require investigation and cleanup of the compounds and recover costs for the same.
May
- May 29: EPA issued a unilateral emergency order to the U.S. Air Force and Arizona Air National Guard pursuant to the Safe Drinking Water Act (SDWA) Section 1431 for PFAS contamination from the two entities impacting drinking water supplies for the City of Tucson. Despite initial pushback from the Air Force, EPA announced in October that Air Force had committed to addressing its share of contamination and was in compliance with the order.
July
- July 26: EPA and the U.S. Department of the Army announced a joint effort to address PFAS contamination in drinking water near Army installations. EPA and Army will work together to sample and test private drinking water wells near Army sites. Where test results exceed PFAS limits promulgated by EPA in its April 2024 drinking water regulations, Army will take action to address the contamination and protect against exposures.
October
- October 8: EPA issued the fifth TSCA order under its National PFAS Testing Strategy requiring five PFAS manufacturers to conduct testing on a PFAS compound used to manufacture plastics, resins, textiles, apparel, leather, and other chemicals.
- October 8: EPA proposed a rule to add 16 individual and 15 categories of PFAS to the TRI. Together, these additions would represent over 100 individual PFAS compounds.
December
- December 18: EPA finalized a rule amending the regulations that apply to new chemicals review under TSCA. With the new amendments, certain chemicals identified as persistent, bioaccumulative, and toxic under TSCA will be subject to the full safety review process before manufacture and will not be eligible for a low volume exemption or low release and exposure exemption. This includes PFAS compounds.
With the change in administration, the fate of this progress on addressing PFAS compounds—as with other government actions under the previous administration—is yet to be seen. Visit our blog for updates on these topics as the year unfolds.