There have been notable shifts in the regulations governing per- and polyfluoroalkyl substances (PFAS) over the past few years. These changes are reshaping the management and mitigation of persistent chemicals.
In the spring of 2024, Environmental Protection Agency (EPA) made pivotal updates that will affect businesses and facilities handling PFAS and other hazardous substances. These updates introduce new compliance requirements and potential penalties, marking a critical step in addressing PFAS and their effect on human health and the environment.
What Has Changed?
Here is what you need to know about environmental compliance moving forward. The EPA added certain PFAS, including perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA), along with their salts and structural isomers, to the Superfund program under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
Another key regulatory change with lasting impacts was Section 7321 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA). This act added certain PFAS to the list of chemicals covered by the Toxic Release Inventory (TRI) under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and provided a framework for the addition of other PFAS to TRI on an annual basis.
In line with these updates, the EPA published a revised Consolidated List of Chemicals Subject to CERCLA, EPCRA and Section 112r of the Clean Air Act (CAA) regulations, known as the Consolidated List of Lists. Adding PFOS and PFOA to this list means that some facility owners now have new regulations to follow. They need to see that they store, handle and clean up PFOS, PFOA, and other PFAS properly. Specifically, new rules include:
- Reporting obligations: Facilities are required to notify the National Response Center if they release PFOS or PFOA in quantities of 1 pound or more within a 24-hour period. This swift response is intended to help mitigate potential environmental and health risks.
- Emergency preparedness: Under EPCRA, facilities that store these chemicals must inform local emergency planning committees and state emergency response commissions. This improves community awareness and readiness for possible chemical incidents. Refer to EPA and state guidance documents for EPCRA reporting and the most recent changes.
- Liability and remediation: With PFOS and PFOA classified as hazardous substances under CERCLA, facilities may be held responsible for cleanup costs if these chemicals are released into the environment. Such costs include expenses related to investigation, remediation and long-term monitoring.
- Storage tank regulations: Facilities with tanks containing PFOS or PFOA must adhere to specific storage and handling protocols to prevent leaks and spills. This might involve upgrading tank infrastructure, implementing secondary containment systems, and performing regular inspections and maintenance.
- Community right to know: Facilities must disclose information about the presence and quantities of PFOS and PFOA to the public, enhancing transparency and community awareness. This can include maintaining up-to-date safety data sheets and making them accessible to the public.
Who Is Affected?
For the reporting year 2023 (with TRI reporting forms due by July 1, 2024), many facilities had to track and collect data on 189 reportable PFAS. For the reporting year 2024 (forms due July 1, 2025), this number increased to 196 PFAS, with several changes to reporting requirements. The number of reportable PFAS again increased to 205 for reporting year 2025 (forms due July 1, 2026). Facilities affected include:
- Facilities with storage tanks: State and local storage tank programs often define hazardous materials or hazardous substances based on the Consolidated List of Lists. Facilities with storage tanks containing PFAS compounds, including those contained in some aqueous film forming foams, may now face new regulatory requirements.
- Facilities subject to EPCRA Section 313: This means facilities with 10 or more full-time employees in specific industry sectors, such as manufacturing, mining, or electric utilities, that manufacture, process or otherwise use listed toxic chemicals above certain threshold quantities.
Actionable Steps
These regulatory changes mean that facilities handling PFAS must now comply with stricter reporting and release mitigation measures. Noncompliance can lead to significant legal and financial liabilities, including fines and remediation costs. Understanding and adhering to these new regulations is crucial to avoiding potential penalties and maintaining environmental safety. To navigate these changes effectively, facility owners should:
- Review and update compliance programs: Conduct a thorough review of your facility’s current compliance programs. Update these programs to verify they align with the new PFAS regulations. This includes revising standard operating procedures and training staff on new requirements.
- Track and report PFAS data: For facilities subject to EPCRA Section 313, it is essential to accurately track and report PFAS data and have systems in place to collect data on all 196 reportable PFAS for the 2024 reporting year. This includes maintaining detailed records of PFAS quantities and completing the submission of TRI reporting forms by July 1, 2025.
- Assess storage tank regulations: Evaluate whether your facility’s aboveground storage tanks are now subject to new state or local regulations due to the updated definition of hazardous materials. This may involve conducting an inventory of all storage tanks, reviewing state and local regulations, and implementing necessary changes to comply with new requirements.
- Eliminate TRI de minimis exemptions: Note that the de minimis exemption is no longer available for PFAS TRI reporting and supplier notification purposes. This means that even small quantities of PFAS must be reported. Review your reporting processes so that all PFAS quantities are accounted for and reported accurately.
- Be aware of deadlines and stay informed: Regularly check the EPA website and other regulatory resources for updates and guidance on PFAS regulations. Remember that shifts in government administrations could result in shifts in policy. Staying informed about regulatory changes will help you anticipate and prepare for new compliance requirements. Consider working with a knowledgeable consultant, subscribing to regulatory update services and/or joining industry groups focused on environmental compliance.
Evolving regulations on PFAS and other emerging contaminants can significantly impact a facility’s operations. It’s crucial to address any questions and concerns about regulatory changes promptly to avoid potential legal, financial and environmental issues.
Regulations surrounding PFAS and emerging contaminants are ever-changing. See how regulations could impact your operations.
