PFAS are at the top of our minds and our news feeds as scientists reveal more data about the impact of polyfluoroalkyl substances on our health and our environment. Environmental groups, scientists, laboratories, and politicians across the aisle agree; it’s time to legislate these “forever chemicals.” 2020 took some steps towards regulating PFAS, especially PFOA and PFOS, which are known carcinogens and are linked to many other long-term health effects. But more work needs to be done. To help break down the federal government’s response to PFAS, here is a snapshot of recent news in the PFAS pipeline. 

National Defense Authorization Act (NDAA)

On January 1, Congress overrode President Trump’s veto and enacted H.R. 6395 (NDAA), the authorization bill that directs spending for the Department of Defense (DoD) in conjunction with the FY 21 omnibus appropriations bill. 

The 2021 NDAA addresses PFAS contamination on military bases and in military equipment. Multiple provisions follow-up on the 2020 NDAA provisions, which began phasing out AFFF (Aqueous Fire Fighting Foam) after studies linked AFFF with PFAS contaminated ground and drinking water on military bases and in surrounding communities. Follow-up actions include: 

• Awarding grants and prizes for the development and testing of non-PFAS firefighting products.

• Conducting a year-long survey of alternative firefighting technology and presenting the results to Congress.

• Ceasing to purchase items containing PFOA and PFOS by April 3, 2023

• Notifying all agricultural operations within one mile of PFAS contaminated military facilities.

• Conducting a 5 year study identifying the prevalence and relative risk of PFAS in firefighting personal protective equipment.

The NDAA also automatically added three new PFAS to the Toxic Release Inventory (TRI). The EPA will monitor the three additions—perfluorooctyl iodide, potassium perfluorooctanoate, and silver(I) perfluorooctanoate—alongside 172 other PFAS compounds.

Fiscal Year of 2021 Appropriations Bill

The DoD is not the only government agency addressing widespread PFAS contamination. On December 21, Congress passed the 1.4 billion dollars FY 21 omnibus appropriations bill, which allocated millions of dollars towards funding PFAS research and cleanup. According to an article by the Environmental Working Group, the final budget allocates:

• Over 142 million to the DoD to clean active military facilities contaminated with PFAS. An additional 100 million will help cleanup PFOA and PFOS at closed military sites. 

• 47 million to the EPA for researching, regulating, and cleaning PFAS. The U.S. Geological Survey will receive 2.7 million to monitor waterways for PFAS contamination. 

• 1 million to Health and Human Services to research how PFAS have impacted our health and to produce guidelines for best practices. 

• The bill also contains provisions requiring the FDA to determine if the use of PFAS in food packaging meets safety standards. The USDA is further required to help dairy producers affected by PFAS contamination. 

Although the appropriations bill is a good start, there is little doubt that more funding and regulations will be needed in the future.  

Congress and the White House

Multiple members of Congress have indicated their support for stricter laws governing PFAS. In a letter to President Biden, congressional members of the PFAS Task Force outlined their goals under the new administration. The letter, published on January 29th, calls for:

• A national drinking standard for PFOA and PFOS

• Restricting industrial pollution under the Clean Water Act and Clean Air Act

• Expanding the list of PFAS in the TRI

• Classifying PFOA and PFOS as hazardous substances under the superfund law (CERCLA)

• Phasing out non-essential use of PFAS in consumer products

• Accelerating cleanup efforts on military bases

• Placing a memorandum on new PFAS

• Testing for PFAS in the blood of all service members

While this is not the tough legislative action environmental groups are looking for, the letter illustrates Congress’s commitment towards introducing stricter regulations. President Biden also swore to regulate PFAS as part of his presidential campaign. He promised to classify PFOS and PFOA, two well-documented toxic chemicals, as “hazardous substances” under the CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act), or the federal superfund law. Changing the designation of PFOA and PFOS will trigger stricter reporting requirements and grant the EPA actionable power over polluters.

The 117th Congress also relaunched the bipartisan PFAS Task Force. The Task Force proposes PFAS legislation with the aid of expert groups like the American Council of Independent Laboratories (ACIL). The ACIL, an association representing independent commercial scientific and engineering testing firms, created a PFAS Taskforce Working Group in 2019 as an advisory body. In addition to helping Congress aggregate high quality data about PFAS, the ACIL worked with the EPA to propose PFAS drinking water regulations under the Safe Drinking Water Act (SDWA). As the US enters a new presidential administration, ACIL Representative Mike Oscar confirmed that the organization will continue to work with Congress. “We applaud the 117th Congress for launching the bipartisan Congressional PFAS Task Force” writes Oscar. “We will work to understand their priorities in the new Congress and with the Biden Administration.”  

The EPA

The EPA released a press report on January 19th detailing their progress under the PFAS Action Plan. Although long in coming, the EPA announced that they are developing a National Primary Drinking Water Regulation (NPDWR) for PFOA and PFOS. Establishing federal standards and treatment techniques for known toxins is an important first step towards mitigating the PFAS crisis. In response to calls for classifying PFOA and PFOS as “hazardous substances” under the superfund law, the EPA issued an advanced notice of proposed rulemaking (ANPR). The ANPR addresses several possible avenues for regulating and enforcing PFOA and PFOS standards. The public can leave comments up to 60 days after the notice is published on the federal register. 

The EPA also filed a second ANPR after finalizing their Effluent Guidelines Program Plan 14. The ANPR requests information from PFAS manufacturers about the presence and treatment of PFAS in their effluent. The EPA will be collecting further information about occurrence of 29 PFAS compounds during the fifth Unregulated Contaminant Monitoring Rule (UCMR). 

As PFAS continues to dominate the public conversation, scientists and environmental groups are gaining traction with lawmakers across the country. With every new study that is published, it becomes increasingly clear that PFAS are a critical national issue. As an environmental lab and member of the ACIL, Babcock Laboratories (Babcock Labs) stays up-to-date with the latest federal and state regulations and guidelines. Our advanced PFAs testing services include all 31 PFAS mandated by state law and federal guidelines, as well as 11 optional PFAS compounds. As an industry expert in PFAS, Babcock labs will continue to provide our clients with expert analytic testing and the latest news concerning PFAS regulations.