A Timeline of US Federal Actions on PFAS
The US Environmental Protection Agency (EPA) has made great strides with its research and regulation of per- and polyfluoroalkyl substances (PFAS) since 3M notified the Office of Toxic substances that perfluorooctanesulfonic acid (PFOS) might bioaccumulate in May of 1998. Within the last year, the EPA has rolled out a Strategic Roadmap to which they commit to broader and bolder polices to protect public health and the environment. With this Roadmap, the EPA is working to safeguard communities from these “forever” chemicals, to provide new data on the contaminants that have impacted drinking water systems, and to facilitate mitigation for corrective action. We have compiled the timeline below to help you understand the PFAS regulatory journey, and the landmark studies and rules that have brought us to the present day. If you have any questions regarding PFAS investigation, treatment, or remediation, we encourage you to reach out to us.
US Federal Actions on PFAS
Rat Study Data
3M sends EPA rat study data, showing liver damage from PFAS exposure.
Significant New Use Rule (SNUR): Manufacture or Import of 13 PFAS Chemicals
EPA publishes a SNUR which required manufacturers to provide EPA with notification about the manufacture or import of 13 PFAS chemicals.
Action conducted under:
Toxic Substances Control Act (TSCA)
Global Stewardship Program
EPA invited 8 major leading companies in the PFAS industry to join in a global stewardship program.
Action conducted under: TSCA
Third Unregulated Contaminant Monitoring Rule (UCMR 3)
EPA published the UCMR 3, requiring monitoring for 6 PFAS.
Action conducted under:
Safe Drinking Water Act (SDWA)
SNUR: Manufacturers and Importers
EPA proposed a SNUR to require manufacturers and importers of PFOA and PFOA-related chemicals to notify EPA at least 90 days before starting or resuming new uses in any products.
Communities Impacted by PFAS
Following leadership summit, EPA conducted multiple events with communities impacted by PFAS.
Groundwater Contaminated with PFOA and PFOS
EPA Draft Interim Recommendations to Address Groundwater Contaminated with PFOA and PFOS issued.
PFAS Action Plan: Program Update
EPA publishes the PFAS Action Plan: Program Update.
February 20, 2020—PFAS in Surface Coatings
EPA proposed a supplemental SNUR to ensure EPA is notified before anyone begins or resumes the import of long-chain PFAS as part of surface coatings.
Action conducted under: TSCA
Destroying and Disposing of Certain PFAS
EPA publishes Interim Guidance on Destroying and Disposing of Certain PFAS and PFAS-Containing Materials That Are Not Consumer Products.
Hazardous Substances Designation
EPA restarted the process to designate PFOA and PFOS as hazardous substances.
June 10, 2021—EPA Data Rule
EPA proposed a rule to require all manufacturers and importers of PFAS in any year since 2011 to give EPA a wide range of data.
June 10, 2021—July 2020 SNUR
EPA withdrew a compliance guide related to EPA’s July 2020 SNUR, and the July 2020 SNUR continues to be in effect.
Action conducted under: TSCA
Health Hazards for Perfluorobutanoate Acid (PFBA)
EPA released a draft assessment of the human health hazards for PFBA for public comment and external peer review.
Final Toxicity Assessment for GenX
EPA published a final human health toxicity assessment for GenX.
PFAS National Testing Strategy
EPA announced that they are developing a National PFAS Testing Strategy to require PFAS manufacturers to provide information on PFAS.
Action conducted under: TSCA
October 18, 2021—PFAS Strategic Roadmap
EPA announced the PFAS Strategic Roadmap.
October 26, 2021—Resource Conservation and Recovery Act (RCRA) Corrective Action Process
EPA announced steps towards evaluating the existing data for four PFAS under RCRA and strengthening the ability to cleanup PFAS contamination through the RCRA corrective action process.
Action conducted under: RCRA
CWA Drafts Aquatic Life Criteria for PFOA and PFOS
Drafted Aquatic Life Criteria for PFOA and PFOS.
Actions conducted under: CWA
EPA Issues Memo
EPA issued a memo on minimizing PFAS contamination to surface water via NPDES permitting.
Actions conducted under: CWA
Draft Absorbable Organic Fluorine Method
Draft Adsorbable Organic Fluorine Method that can broadly screen for the presence of chemical substances that contain carbon-fluorine bonds, including PFAS.
Actions conducted under: CWA
National Testing Strategy Announced
National testing strategy announced that will require PFAS manufacturers to provide the agency with toxicity data and information on categories of PFAS to inform future regulatory efforts.
Action conducted under: TSCA
Interim Drinking Water Health Advisories for PFOA and PFOS
Drinking water interim health advisories proposed under the Safe Drinking Water Act (SDWA).
Action conducted under: SDWA
August 26, 2022—PFOA and PFOS Proposed as Hazardous Substances under CERCLA
Action conducted under: CERCLA
March 14, 2023—EPA Proposes Maximum Contaminant Levels (MCLs) for six PFAS
EPA proposes Maximum Contaminant Levels (MCLs) for six PFAS in drinking water. The proposed MCLs are the first legally enforceable levels for PFAS.
Action conducted under: SDWA
Apex Associated Press (Apex AP) represents contributions from various authors within the Apex professional community.
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