Additional Four PFAS maybe Designated as RCRA Hazardous Wastes
On October 26, 2021, the U.S. EPA announced that it would initiate two rulemakings to address PFAS contamination across the country. In the first rulemaking, four of the so-called “forever chemicals” will be designated as hazardous wastes under the Resource Conservation and Recovery Act (RCRA). Solid wastes, such as garbage and sludge from water treatment plants, wastewater treatment plants, or pollution control facilities, and other discarded material, result from industrial, commercial, mining, agricultural, and community activities, are regulated by RCRA. Solid wastes are not limited to waste that is physically solid. Here are the four PFAS that will be subject to this rulemaking: Perfluorooctanoic acid (PFOA)- found in stain-resistant carpet, water-repellent clothes, paper and cardboard packaging, ski wax, and foams used to fighting fire Perfluorooctane sulfonic acid (PFOS)- found in leather, pesticides, firefighting foams, polishes, adhesives, paint Perfluorobutane sulfonic acid (PFBS)- found in environmental media and consumer products, including surface water, wastewater, drinking water, dust, carpeting and carpet cleaners, and floor wax Hexafluoropropylene oxide (HFPO) dimer acid and its ammonium salt – more commonly known as GenX- versatile fluorointermediate, used in the synthesis of fluoromonomers and fluoropolymers and lubricants. The announcement was made on the same day that the EPA released its latest evaluation of the toxicity of GenX. Among these four PFAS, GenX is considered the most toxic. GeneX is commonly used in nonstick coatings such as Teflon™, as a processing aid in fluoropolymer plastics. A review of the 2016 toxicity assessments for PFOA and PFOS will be done by the EPA. It will clarify EPA’s authority to conduct investigations and clean up for wastes that meet RCRA’s definition of PFAS. Through the RCRA corrective action process, EPA has set its goal to provide a clear view that emerging contaminants, such as PFAS, can be cleaned up. RCRA’s Regulation of PFAS, as well as other emerging contaminants, has broad implications. The Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) automatically lists hazardous wastes as hazardous substances by virtue of the Resource Conservation and Recovery Act of 1976 (RCRA). It is likely that existing Superfund sites will need to address PFAS contamination, which could result in the identification of new potential responsible parties. The EPA has not yet determined how it will deal with the closed sites that may contain PFAS. These rulemakings are responses to the petition from the Governor of New Mexico. By addressing PFAS contamination across the nation, they are building on EPA’s broader action plan. EPA has published a PFAS Strategic Roadmap. PFAS contamination is addressed in an integrated manner through 2024. The EPA needs to provide better guidance on disposal and destruction of PFAS to stakeholders. In accordance with the EPA’s Roadmap, the decision is expected to be made during the next year. Learn more about how these new additions to RCRA Hazardous Waste affect your compliance status, talk to one of our global compliance experts.
EPA plans for New Waste Water Regulation
On Sep 8, 2021, EPA released a Preliminary Plan 15, that identifies opportunities for better public Health protection and the environment protection through regulation of waste water pollution. Preliminary Plan 15 announced to take three new rulemaking to reduce the contaminants, mainly PFAS and nutrients, from industries. The preliminary plan is an effort by the EPA to reduce harmful PFAS (perfluoroalkyl or polyfluoroalkyl substances) levels found in wastewater treatment plants. The goal of this plan is to regulate PFAS chemicals entering public sewage treatment plants by establishing permissible levels for PFAS at one facility. The three new rulemakings will be initiated after conducting several studies as mentioned in Effluent Guidelines Program Plan 14. The agency has warranted revised Effluent Limitation Guidelines (ELG) and pre-treatment standards, to address PFASA and Nutrient discharges for: Organic Chemicals, Plastics and Synthetic Fibers category from facilities manufacturing PFAS. Metal Finishing category from Chromium electroplating facilities. Meat and Poultry Products category In particular, Preliminary Plan 15 proposes the following actions: to set new limitations for the Organic Chemicals, Plastics, and Synthetic Fibers industries to address the discharge of per- and polyfluoroalkyl substances (PFAS) from the PFAS manufacturing plants. to set new limitations for the Metal Finishing category to address PFAS discharges from chromium plating operations. to complete a detailed study of the Meat and Poultry Products and set new discharge standards for the industry. to publish a proposed Supplemental Rulemaking for the Steam Electric Power Generating industries. to initiate a detailed studies of PFAS discharges from the Landfills and Textile Mills industries. In addition, EPA’s Preliminary Plan 15 contains the results of studies of multiple industries, such as Metal Products and Machinery, Explosives Manufacturing, and Landfills, as well as an update on the PFAS Multi-Industry Study. PFAs stands for per- and polyfluoroalkyl substances. Its called Forever chemicals, because it gets accumulated in nature and Human body. EPA had already indicated in March, they have plans to regulate PFAS discharge, calling it a potential future rule making.
Perfluorooctanoic acid (PFOA)- Restrictions and deadline
Per-and polyfluoroalkyl substances (PFAS) are a large family of synthetic chemicals widely used in the society. PFOA is one of those families present in PFAS. Since they contain Carbon chain of different lengths and the Hydrogen atoms are completely or partly substituted by Fluorine atoms, they form a very stable bond and are not degradable in the environment. PFOA can be found in Non-stick pans, furniture, cosmetics, household cleaners, clothings, packaged food containers, furniture treatments products, food wraps, sprays for leather, shoes and paints. EU has taken a regulatory approach to reduce the usage of PFOA and its salts under Annex I to Regulation (EU) 2019/1021.PFOA is considered as a substance of concern because of 2 main reasons. Toxic for reproduction Persistent, Bioaccumulative and Toxic Substance Perfluorooctanoic acid has CAS number 335-67-1.PFOA salts and polymers comes with formula C7F15- , C8F17- .Below are the substances that are excluded from this designation:— C8F17-X, where X is F, Cl, Br. — C8F17-CF2-X′ or C8F17-C(=O) OH, C8F17-C(=O )O-X′ (where X′ is any group, including salts). Important dates: 4 July 2020 PFOA should not be used in equal to or more than 25ppb including its salts or 1000ppb of one or a combination of PFOA related substance in any substance/constituent, mixture or article. 4 July 2022 This rule will apply to the equipment used to manufacture semi-conductors and latex printing inks. 4 July 2023 The rule will apply to textiles for the protection of workers, and membranes intended for use in medical textiles, filtration in water treatment, production processes and effluent treatment, and plasma nano-coatings. 4 July 2032 The rule applies to medical devices other than implantable medical devices within the scope of Directive 93/42/EEC. The US Environmental Protection Agency also regulates PFOA. On Feb 20,2020, EPA proposed regulatory determinations for perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) in drinking water. On March 10 2020, EPA issued initial regulatory determination under the safe drinking water act (SDWA) for PFOS and PFOA. They also started 60 -day public comment box which expired on May 11,2020. The public comment period is for interested parties to submit the input to EPA regarding on adverse health effect of substance, frequency of presence of this substance in water and health risk. A negative finding will lead to withdrawing preliminary determination. Our REACH compliance experts keep a tab on developments on REACH regulation and help organisations meet their compliance requirements. Our expertise combined with consultancy services and experience in consumer product supply chain provides an edge in understanding the specific requirement in such cases. Would you like to learn more about how ComplianceXL can support your REACH compliance activities? Talk to our compliance specialists today!