EPA issues action plan seeking hazardous substance designation for PFAS

PFAS (per- or polyfluoroalkyl substances) are a family of chemicals used in many consumer products, including nonstick cookware. They also are used in metal and plastic plating, and many other industrial and commercial applications. The widespread use and waste disposal of PFAS has led to their finding their way into groundwater and drinking water. Already, the U.S. Environmental Protection Agency (EPA) has established a drinking water lifetime health advisory guideline for two of the most common PFAS compounds and several states have issued clean-up criteria and fish advisories. Now EPA has issued an action plan to evaluate maximum contaminant levels under the Safe Water Drinking Act, including adding certain PFAS compounds to the next Unregulated Contaminant Monitoring Rule. Additionally, EPA is looking at other regulatory programs that could potentially regulate PFAS. In the meantime, many states are taking their own actions and pursuing their own statutory and regulatory solution to this emerging contaminant. NAFEM will continue to monitor this topic. Additional information on PFAS is available in this Fast Facts blog from NAFEM’s legal team at Barnes & Thornburg. Information about EPA’s action plan is available here and on the EPA website.