Federal PFAS Report Card

Publish a national testing strategy

To address data gaps, the EPA developed a testing strategy, released in October 2021, to identify candidate chemicals and evaluate the toxicity and risks associated with this large class of chemicals. Using its Toxic Substances Control Act, Section 4 authority, the EPA will require companies to perform testing and will use this data to further inform the agency’s future research, monitoring and regulatory efforts.

Issue Toxic Substances Control Act test rule orders (first round)

The Toxic Substances Control Act, or TSCA, allows the EPA to require chemical manufacturers, importers and processors to develop information on chemicals and submit it to EPA when there isn’t enough information on the chemical, when tests are necessary to get that information, when the chemical substance may present unreasonable risk, or it is produced in substantial quantities and may cause substantial or significant exposures to the environment or humans.

The EPA is using its National PFAS Testing Strategy to identify gaps in existing data and select one or more candidate chemicals for further study. The first test order was issued on June 6, 2022 for 6:2 fluorotelomer sulfonamide betaine (CASRN 34455-29-3). A second test order, for HFPO, a PFAS used in making plastics, was issued on January 4, 2023.

In the PFAS National Testing Strategy, EPA assigned 6,504 PFAS into smaller categories based on similarities in structure, physical-chemical properties, and existing toxicity data. Of these categories, EPA identified 24 that lack toxicity data to inform EPA’s understanding of the potential human health effects and contain PFAS.

Propose closing loophole in TRI reporting and enhance PFAS reporting under the TRI

The 2020 National Defense Authorization Act mandated that industrial dischargers report their annual releases of 180 PFAS to EPA’s Toxics Release Inventory, or TRI, which tracks annual industrial releases of chemicals.  EPA in its PFAS Roadmap committed to changing the current regulation that  allows dischargers to use a “de minimis” exemption for PFAS and avoid reporting discharges.

The EPA on December 5, 2022 proposed to remove the de minimis exemption for PFAS TRI reporting. EPA also announced on July 18, 2022 the addition of 5 PFAS to the TRI. EPA’s Roadmap further states that EPA  expects to announce an additional rulemaking to add more PFAS to the TRI in 2022, as required by the 2020 NDAA. On January 6, 2023, EPA announced the automatic addition of nine per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) list.

Establish voluntary program to reduce releases

The EPA plans to establish by spring 2022 a voluntary stewardship program challenging facilities to reduce overall releases of PFAS into the environment. Because regulatory efforts do not extend to all PFAS currently in use, the program will turn to manufacturers to go beyond current requirements by reporting all PFAS releases. The goal is to establish a baseline and measure progress in reducing releases. The EPA has yet to publish their voluntary stewardship program.

Close the door on abandoned PFAS uses

Some PFAS are no longer in use, or no longer used in certain applications, but without a Toxic Substances Control Act restriction, manufacturers are free to begin using those abandoned PFAS chemicals or resume abandoned uses at any time without notice. To prevent this, the EPA can designate uses of a chemical that are not currently ongoing as “significant new uses.” This ensures an entity must first submit a notice and certain information to the EPA, which is required to determine the potential health and environmental risks and to require safety measures to address unreasonable risks before the company can resume use of that chemical or use. EPA’s Roadmap stated a proposal to designate abandoned uses as “significant new uses” was planned for summer 2022. The proposal was published January 26, 2023. A final rule is scheduled for June 2023 in the Roadmap.

Close the door on abandoned PFAS uses final rule

Some PFAS are no longer in use, or no longer used in certain applications, but without a Toxic Substances Control Act restriction, manufacturers are free to begin using those abandoned PFAS chemicals or resume abandoned uses at any time without notice. To prevent this, the EPA can designate uses of a chemical that are not currently ongoing as “significant new uses.” This ensures an entity must first submit a notice and certain information to the EPA, which is required to determine the potential health and environmental risks and to require safety measures to address unreasonable risks before the company can resume use of that chemical or use. EPA’s Roadmap stated action to designate abandoned uses as “significant new uses” is expected in summer 2022. EPA has subsequently published in the federal regulatory agenda that a proposed rule is expected in September 2022, and a final rule was expected in June 2023.

New reporting on source and quantities

The Toxic Substances Control Act, Section 8(a)(7), gives the EPA authority to collect information on PFAS. In June 2021, EPA published a proposed data-gathering rule that would collect information on uses, production volumes, disposal, exposures and hazards on any PFAS manufactured since 2011. The EPA will consider public comments on the proposal and finalize it by January 2023. The information through this rule will enable the EPA to better understand the sources and quantities of manufactured PFAS and assist it in future research, monitoring and regulatory efforts. EPA published a notice of availability on an economic analysis and regulatory flexibility analysis supporting the rule on November 25, 2022

Recommend PFAS-free products for federal purchase

An executive order released by President Biden in December 2021 directs federal agencies to prioritize the purchase of EPA-recommended PFAS-free products. As an initial action to carry out this directive, the EPA released its new Framework for the Assessment of Environmental Performance Standards and Ecolabels for Federal Purchasing under its Environmentally Preferable Purchasing program and a webpage highlighting ecolabel criteria that address PFAS. The program helps federal agencies purchasers to identify and procure environmentally preferable products and services.

Robust review PFAS before they enter the marketplace

The EPA’s Toxic Substances Control Act’s New Chemicals program plays an important gatekeeper role in ensuring the safety of new chemicals, including new PFAS, before they enter the marketplace. TSCA amendments from 2016 require the EPA to review and determine potential safety risks for new chemical submission through the program. The EPA will study new PFAS to ensure they are safe before they enter the marketplace. The EPA has also stopped allowing PFAS to be approved through a loophole for chemicals produced in low volumes.

Review existing PFAS uses

The EPA is looking at PFAS it has reviewed through the Toxic Substances Control Act’s New Chemicals program, including those it studied before the 2016 TSCA amendments to address restrictions that are insufficiently protective. As part of this effort, the Agency could impose additional notice requirements to ensure it can review PFAS before they are used in new ways that might present concerns. In addition, EPA plans to issue (on an “ongoing” basis) TSCA Section 5(e) orders putting conditions on the use existing PFAS for which significant new use notices (e.g., a new manufacturing process for an existing PFAS, or a new use or user) have recently been filed with EPA. The EPA proposed on December 2, 2022, significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that were the subject of premanufacture notices (PMNs) and are also subject to Orders issued by EPA pursuant to TSCA. The SNURs would require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is proposed as a significant new use by this rule to notify EPA at least 90 days before commencing that activity

Proposal to designate PFOA/PFOS as "hazardous substances"

Designating PFOA and PFOS as “hazardous” would require facilities to report on PFOA and PFOS releases that meet or exceed the reportable quantity assigned to these substances and would enable the EPA and other agencies to recover the costs of cleaning up PFOA and PFOS. EPA PFAS Roadmap deadline for the proposal was Spring 2022. EWG issued a statement of support.

Solicit input on designating other PFAS "hazardous substances"

The EPA originally planned to request public input by Spring 2022 about the potential hazardous substance designation for precursors to PFAS, new PFAS, and groups or subgroups of PFAS. Designating additional chemicals as “hazardous” would require facilities across the country to report releases that meet or exceed the reportable quantity assigned to these substances. It would enable the EPA and other agencies to recover the costs of cleaning up these chemicals. The EPA changed its scheduled release date to fall 2022 in the unified federal regulatory agenda. As of January 2023, this action has not been completed.

Update guidance on destroying and disposing of PFAS

The 2020 National Defense Authorization Act requires the EPA to publish interim guidance on destroying and disposing of PFAS and specific non-consumer PFAS-containing materials, and to update it at least every three years, as appropriate.

In December 2020, EPA published the first interim guidance for public comment, which identifies three commercially available technologies for either destroying or disposing of PFAS, information gaps about their ability to destroy or dispose of PFAS, and research underway to address the lack of information. The EPA’s updated guidance, expected by fall 2023, will address the public comments and reflect newly published research results.

Final rule to designate PFOA/PFOS as "hazardous substances"

Designating PFOA and PFOS as “hazardous” would require facilities to report on PFOA and PFOS releases that meet or exceed the reportable quantity assigned to these substances and would enable the EPA and other agencies to recover the costs of cleaning up PFOA and PFOS. The EPA published a proposal in August 2023. The final rule is planned in the Roadmap for summer 2023.

Regional screening levels to assess site contamination

Regional screening levels, or RSLs, are a "screening" tool the EPA launched to help identify areas, contaminants and conditions at a particular site that require more federal attention. They are risk-based concentrations derived from standardized equations that combine assumptions about exposure and EPA toxicity data. The EPA announced new RSLs and removal management levels for five PFAS chemicals on May 18, 2022. The RSL tool website can be accessed here.

Propose designating PFAS as Resource Conservation and Recovery Act "hazardous constituents"

Listing chemicals as so-called hazardous constituents may subject them to treatment standards and allows the use of the Resource Conservation and Recovery Act Corrective Action Program to clean up releases of PFAS. The addition of PFAS chemicals to the list of hazardous constituents would help advance any longer-term process to make a hazardous waste listing in the future. In a response to a petition from the state of New Mexico on October 26, 2021, the EPA committed to begin the process of adding PFOA, PFOS, PFBS and GenX as RCRA hazardous constituents under 40 CFR Part 261 Appendix VIII.

Proposal to clarify Resource Conservation and Recovery Act corrective action applicability

The EPA plans to begin to clarify that the RCRA Corrective Action Program has authority to require investigation and cleanup for wastes that meet the legal definition of hazardous waste. This regulation would address how much RCRA corrective action applies to non-regulatory hazardous waste, which can include emerging contaminants such as PFAS. The EPA committed to this action in response to a petition from the state of New Mexico on October 26, 2021.

Publish toxicity assessment for GenX

A toxicity assessment is a written summary of the potential health effects associated with a chemical and identifies the dose levels at which those health effects may occur in order to calculate toxicity values. The EPA’s toxicity assessment of hexafluoropropylene oxide dimer acid and its Ammonium Salt, two PFAS chemicals known “GenX,” provides detailed information about the toxicity of the chemicals and is a key step in setting a national drinking water health advisory for the chemicals. The assessment, released October 2021, concluded that exposure to GenX can harm the hepatic, hematological, renal, reproductive and immune systems, and has been linked to liver and pancreatic cancer.

Draft Total Adsorbable Fluorine Method

EPA recognizes the need for “total PFAS” methods and has increased efforts to measure the amount of PFAS in the environment. Accordingly, EPA’s Office of Water published a draft single-validated method to screen for organofluorines (molecules with a carbon-fluorine bond) in wastewater. The most common sources of organofluorines are PFAS and non-PFAS fluorinated compounds, such as pesticides and pharmaceuticals. In April 2022, EPA released Draft Method 1621, which broadly screens for thousands of known PFAS compounds at the part per billion level in water samples and can detect whether organofluorines are present, but does not identify the specific chemicals that are present.

Methods for measuring PFAS in air emissions

The EPA has developed several methods to measure PFAS in air emissions. Method (OTM)-45 measures PFAS air emissions from stationary sources. The method can be used to test for 50 PFAS compounds and to help identify other PFAS that may be present in the air sample. The EPA developed SW-846 Test Method 0010 for semi/non-volatiles and Modified Method TO-15 for volatiles. The EPA also plans to publish a draft method for measuring additional PFAS in air emissions in fall 2022.

Draft method for evaluating PFAS leaching from solid materials

Because studies have shown that solid materials can store leaching PFAS for decades, the EPA is working on drafting a standardized method to evaluate the leaching potential of PFAS from solid materials and plans to draft methods for solid materials by fall 2022.

Draft toxicity assessment PFHxA, PFHxS, PFNA, and PFDA

A toxicity assessment is a written summary of the potential health effects associated with a chemical and identifies the dose levels at which those health effects may occur in order to calculate toxicity values. In addition to the toxicity assessment for GenX, the Office of Research and Development is also currently developing toxicity assessments for several other PFAS – PFHxA, PFHxS, PFNA and PFDA -- originally expected to be released sometime in mid-2022. In June 2022, the EPA released new dates for the draft toxicity asssessments of PFAS. A draft toxicity assessment for PFHxA was released in February 2022. A peer- reviewed report was expected by 4th quarter FY2022. The draft assessment of PFDA is expected to be released for public comment by spring 2023. The draft toxicity assessment for PFHxS is expected to be released for public comment by summer 2023. The draft toxicity assessment for PFNA is expected to be released for public comment by fall 2023.

Final toxicity assessment PFBA and PFHxA

A toxicity assessment is a written summary of the potential health effects associated with a chemical and identifies the dose levels at which those health effects may occur in order to calculate toxicity values. In addition to the toxicity assessment for GenX, as well as several other PFAS, the Office of Research and Development is also developing a final toxicity assessment for PFBA. The final toxicity assessment for PFHxA and PFBA was expected in fall 2022. EPA subsequently issued a final assessment for PFBA on December 22, 2022. An external review draft for PFHxA was released in February 2022.

Methods to detect, measure and explore “Total PFAS”

The Roadmap contains three “near term deliverables” – (listed above) including draft adsorbable fluorine method; methods for measuring PFAS in air emissions; and draft method for evaluating PFAS leaching from solid materials. The EPA will also increase its efforts to develop and, if appropriate, validate “total PFAS” methods.

Evaluate and develop technologies to reduce PFAS in environment

The EPA needs new data on the effectiveness of different technologies for removing PFAS from the environment. This data is needed to inform decisions on drinking water and wastewater treatment, contaminated site cleanup and remediation, air emission controls, and end-of-life materials management. The EPA will continue to evaluate and develop technologies and make efforts to develop approaches for characterizing PFAS in source waters, at contaminated sites, and near PFAS production and treatment and disposal facilities.

Identify initial PFAS categories of removal technologies

To evaluate and develop technologies for removing PFAS from the environment, the EPA will identify initial PFAS categories of removal technologies by summer 2022.

Develop effective treatment technologies for drinking water

To evaluate and develop technologies for PFAS removal from the environment, the EPA plans to develop effective PFAS treatment technologies for drinking water systems by fall 2022.

Educate the public about the risks of PFAS

The EPA will make available key explainers that help the public understand what PFAS are, how they are used, and how PFAS can affect their health and their lives. These explainers and other educational materials will be published in multiple languages, and the agency will work to ensure the information reaches targeted communities, including those with limited access to technology and resources.

Inform farmers of potential PFAS contamination

The 2021 National Defense Authorization Act requires the DOD to send letters to farmers and agricultural operators within a mile downstream of potentially tainted bases. The requirement applies to contaminated bases where PFAS have been detected in groundwater, have been linked to a local agricultural or drinking water source, including a water well, and is suspected or known to be the result of the use of PFAS at the installation. The Pentagon provided notification of the presence of PFAS to 2,143 agricultural operators in March 2021. DOD is continuing to notify agricultural operators.

Report to Congress: Inform farmers of potential PFAS contamination

The 2021 NDAA requires the DOD to report to Congress the location of farmers and agricultural operators within a mile downstream of potentially tainted bases, where PFAS has been detected in groundwater, has been linked to a local agricultural or drinking water source, including a water well, and is suspected or known to be the result of the use of PFAS at a DOD installation. The report was released in July 2021. The DOD is continuing to notify agricultural operators.

Moratorium on PFAS incineration

The 2022 NDAA placed a temporary ban on the incineration of PFAS-containing aqueous film-forming foam, material contaminated by its release, and other PFAS-contaminated material. On April 26, 2022, the department released a memorandum, putting a pause on use of the foam.

Report to Congress: The moratorium on PFAS incineration

The 2022 NDAA placed a temporary ban on the incineration of PFAS-containing aqueous film-forming foam, or AFFF, material contaminated by AFFF release and other PFAS-contaminated material.

The NDAA requires the DOD to submit to Congress a report every year on the quantity of materials incinerated, the temperature range specified in the permit where the covered materials were incinerated, the locations and facilities where the covered materials were incinerated, details about actions taken to implement proper disposal of materials containing PFAS or AFFF foam (per Sec. 220 of NDAA FY 2020), and recommendations for the safe storage of PFAS and PFAS-containing materials prior to destruction and disposal.

Disclose water test results
The 2022 NDAA requires the military to publicly disclose results from tests for PFAS in water for an area covered by the law within 20 days of getting them. The DOD released the first set of results in May 2022. As of spring 2022, the department is providing alternative water or filtration for private or public systems outside of 53 military installations.

Prohibit use of PFAS in food packaging for military meals

The 2020 NDAA prohibits the use of PFAS in food packaging for military meals after October 1, 2021

Issue guidance on AFFF prevention and mitigation

The 2022 NDAA requires the Pentagon to issue guidance on the prevention and mitigation of aqueous film-forming foam, or AFFF, spills based on the results of the department’s review of best practices and recommended requirements to ensure the following: the supervision by personnel trained in responding to spills of AFFF of each material transfer or maintenance activity of the department that may result in such a spill, the use of containment berms and the covering of storm drains and catch basins by personnel performing maintenance activities for the department in the vicinity of such drains or basins, and the storage of materials for the cleanup and containment of AFFF in close proximity to fire suppression systems in buildings of the department. The guidance has been drafted, but until the formal guidance is issued, the DOD is treating any release of AFFF as a spill and will be following existing spill response plans and procedures to mitigate potential contamination.

Issue guidance for state and local firefighting agreements

The 2022 NDAA requires that after the DOD publishes a review of its efforts to prevent or mitigate spills of AFFF, it must publish guidance on the prevention and mitigation of spills based on the results of the review, which includes best practices and recommended requirements. This ensures supervision by people trained in responding to spills, the use of containment berms and covering of storm drains and catch basins by people doing maintenance for the department near the drains or basins and storage of aqueous film-forming foam cleanup and containment materials close to fire suppression systems.

New specifications for AFFF alternative for firefighting foam

The 2020 NDAA mandates that by January 31, 2023, the DOD will publish a military specification for a fluorine-free firefighting foam for use at all military installations.” The DOD announced the “milspec” on January 6, 2023.

End purchases of PFAS firefighting foam

The 2020 NDAA specifies that money can’t be appropriated or otherwise made available for the DOD to buy firefighting foam that contains more than one part per billion of PFAS chemicals after October 1, 2023.

Replace the use of PFAS fire-fighting foam

The 2020 NDAA prohibits the DOD from using fluorinated aqueous film-forming foam (AFFF) as a firefighting agent, after October 1, 2024, or sooner, if the secretary decides compliance with the prohibition is possible.

Restrict procurement of PFOA/PFOS items

The 2020 NDAA prohibits the DOD, beginning April 1, 2023, from purchasing PFOA- or PFOS-containing items, like nonstick cookware or cooking utensils used in dining facilities, and upholstered furniture, carpets and rugs treated with stain-resistant coatings. DOD issued internal procurement rules to require suppliers of these products to comply with the prohibition on PFOA and PFOS for solicitations beginning in early 2023.

Report on critical PFAS uses

Section 347 of the FY 2023 NDAA requires DOD to report outlining uses of PFAS that are critical to national security by June 1, 2023. Not later than Fall 2023 and annually thereafter DOD is required to brief Congress on steps taken to identify covered items procured by DOD that contain PFOA and PFOS, steps taken to identify products/vendors of covered items that do not contain PFOA and PFOS, steps taken to limit procurement of covered items that contain PFOA and PFOS, and steps DOD intends to take to limit the procurement of covered items that contain PFOA and PFOS. Covered items include nonstick cookware and utensils, upholstered furniture, carpets, and rugs treated with stain-resistant coatings.

Restrict procurement of PFAS firefighting gear

Section 345 of the FY 2023 NDAA instructs DOD to not enter into contracts to procure or purchase personal protective equipment, including any equipment that provides protection to the upper and lower torso, arms, legs, head, hands, and feet. The effective date may be extended if DOD determines that no sufficiently protective covered gear without PFAS is available.

nnual report on contamination from PFAS sources other than AFFF

The Section 346 of the FY 2023 NDAA requires that DOD submit a report to Congress on any known or suspected contamination on or around military installations located in the US resulting from the release of any PFAS originating from a source other than AFFF.

Report on the status of remediation at 50 sites

The 2022 NDAA requires the DOD to report on the status of efforts to remediate PFAS at the following 50 locations: England Air Force Base, La.; Naval Air Weapons Station China Lake, Calif.; Patrick Air Force Base, Fla.; Myrtle Beach Air Force Base, S.C.; Langley Air Force Base, Va.; Naval Air Station Jacksonville, Fla.; Niagara Falls Air Reserve Station, N.Y.; Grand Prairie Armed Forces Reserve Complex, Tex.; Altus Air Force Base, Okla.; Charleston Air Force Base, S.C.; Barksdale Air Force Base, La.; Plattsburgh Air Force Base, N.Y.; Tyndall Air Force Base, Fla.; Sheppard Air Force Base, Tex.; Columbus Air Force Base, Miss.; Chanute Air Force Base, Ill.; Marine Corps Air Station Tustin, Calif.; Travis Air Force Base, Calif.; Ellsworth Air Force Base, South Dakota; Minot Air Force Base, North Dakota; Westover Air Reserve Base, Massachusetts; Eaker Air Force Base, Ark.; Naval Air Station Alameda, Calif.; Eielson Air Force Base, Alaska; Horsham Air Guard Station, Pa.; Vance Air Force Base, Okla.; Dover Air Force Base, Del.; Edwards Air Force Base, Calif.; Robins Air Force Base, Ga.; Joint Base McGuire-Dix-Lakehurst, N.J.; Galena Air Force Base, Alaska; Naval Research Laboratory Chesapeake Bay Detachment, Md.; Buckley Air Force Base, Colo.; Arnold Air Force Base, Tenn.; Tinker Air Force Base, Okla.; Fairchild Air Force Base, Wash.; Vandenberg Air Force Base, Calif.; Hancock Field Air National Guard Base, N.Y.; F.E. Warren Air Force Base, Wyo.; Nevada Air National Guard Base, Nev.; K.I. Sawyer Air Force Base, Mich.; Pease Air Force Base, N.H.; Whiteman Air Force Base, Mo.; Wurtsmith Air Force Base, Mich.; Shepherd Field Air National Guard Base, W.V.; Naval Air Station Whidbey Island-Ault Field, Wash.; Rosecrans Air National Guard Base, Mo.; Joint Base Andrews, Md.; Iowa Air National Guard Base, Iowa; and Stewart Air National Guard Base, N.Y.

As of fall 2022, DoD has started remedial investigations at 251 locations and continues to monitor all on-base water systems for PFAS to ensure water remains below the EPA’s 2016 health advisory levels. However cleanups have not begun at the 50 DOD sites that Congress has identified as highly contaminated with PFAS.

Publish water testing plans

The 2022 NDAA requires the DOD to publicly disclose the anticipated schedule and location of any proposed PFAS testing in a covered area.

Report PFAS “Spend plan” to Congress

The DOD’s FY 2022 appropriation explanatory language required the military services to submit to Congress a PFAS spend plan within 60 days of enactment. This action was completed.

Schedule for remediation of PFAS at DOD sites

The 2022 NDAA requires the DOD to submit a report by fall 2022 proposing a schedule for completing PFAS cleanup, and its associated cost estimates, at military installations, National Guard facilities, and formerly used defense sites in the U.S. that were identified, as of March 31, 2021, as having released PFAS chemicals. As of spring 2022, the DOD has started remedial investigations at 168 locations and continues to monitor all on-base water systems for PFAS to ensure water remains below the EPA’s 2016 health advisory levels. As of spring 2022, the DOD has continued research and demonstration on over 100 projects related to PFAS treatment technologies, sampling, analysis and monitoring. DOD submitted a report to Congress in July 2022, but did not include a schedule of remediation and cost to completion estimates for clean ups at contaminated sites.

Report on the status of testing to Congress every year

The 2022 NDAA requires the DOD, for years 2022 through 2024, to submit a report on the status of the site inspection testing for PFAS at all military installations and facilities of the National Guard in the U.S. that are identified as of March 31, 2021, as having a release of PFAS chemicals.

Complete preliminary assessment and site inspection for all facilities

The NDAA for FY 2022 requires DOD to complete by winter 2023 preliminary assessment and site inspection testing for PFAS at all military installations and facilities of the National Guard located in the U.S. that are identified as of March 31, 2021, as having a release of PFAS. As of spring 2022, the DOD has completed PA/SIs at over 300 military installations. As of spring 2022, it has also continued research and demonstration on over 100 projects related to treatment technologies, sampling, analysis and monitoring.

Clearinghouse on PFAS testing and cleanup

The 2020 NDAA required the DOD to maintain a publicly available website that provides information about the exposure of armed forces members and their families and communities to PFAS substances resulting from contamination at military installations.

Amend agreements between the DOD and states to meet state standards

The 2020 NDAA required the DOD to work “expeditiously,” when requested by a state, to finalize an agreement to work together to address PFAS in a way that incorporates state water standards for PFAS.

Report to Congress within one year if agreement is not reached

The 2020 NDAA required the DOD to work “expeditiously,” when requested by a state, to finalize an agreement to address PFAS in a way that incorporates state water standards for PFAS. The DOD is required to report to Congress within a year if an agreement with the state is not reached (Pub. Law 116-92, Sec. 332). DOD received a request under provision and is currently discussing with State officials possible changes to the DOD-Michigan agreement.

DOD report on research projects

DOD is required by the Section 341 of the FY 2023 NDAA to publish and regularly update information on research efforts to DOD related to PFAS, including research collaboration and data sharing with other federal agencies; research on flourine-free foams, research on the impact of PFAS on firefighters, veterans, and military families; research on treatment options for drinking water, surface water, ground water, and safe PFAS disposal; and funding for PFAS-related research.

Survey technologies to phase out AFFF and report to Congress

The 2021 NDAA requires the DOD to survey relevant technologies to identify available technologies that can be adapted for use by the department to facilitate the phaseout of aqueous film-forming foam by 2024. The DOD has completed large-scale testing of the firefighting capability of several PFAS-free formulations and continues to work on drafting a specification and implementation plans for facilities and vehicles. In February 2022, the DOD briefed Congress on its report on technologies and efforts to phase out AFFF.

Test for PFAS at all DOE-owned water systems

DOE PFAS Roadmap commits to PFAS tests at all DOE-owned water systems where DOE supplies drinking water to a site, using the most recent EPA test method. It’s critical to understand the presence of PFAS in drinking water at all DOE sites. Ingestion of drinking water is a primary exposure pathway of PFAS. This action should include periodic retesting when PFAS are detected or as otherwise appropriate. Initial tests will be completed in the first quarter of FY 2023; most sites have already completed initial sampling. Guidance on retesting to be developed by the fourth quarter – spring and winter 2023. DOE will also provide alternate drinking water supply to DOE sites where PFAS are detected in drinking water at concentrations exceeding federal or state regulatory limits.

Publish DOE PFAS assessment of risks at DOE sites

The updated status report will show DOE’s total potential PFAS-related risk at its sites and include updates on addressing actions identified in the roadmap. The report will inform future decisions about managing PFAS contamination and protecting human health and the environment. The assessment will be updated as needed by spring 2025.

Learn about interested parties’ concerns

DOE will gather input and identify environmental justice issues. Opportunities for input may include joining ongoing tribal consultation processes and scheduling virtual and in-person public meetings and other forums, among others. Incorporate PFAS concerns and information into site and program communications and public engagement efforts.

Restrict non-emergency use of PFAS-containing AFFF

DOE set rules for restricting non-emergency use of PFAS-containing AFFF; suspending disposal actions, unless approved by the head of the program; requiring PPE for operations with known PFAS exposure; and reporting PFAS spills and releases. Memorandum with requirements issued September 2021; reporting guidance issued December 2021.

Issue reporting guidance and report on PFAS spills and releases

DOE set rules for restricting non-emergency use of PFAS-containing AFFF; suspending disposal actions, unless approved by the head of the program element; requiring PPE for operations with known PFAS exposure; and reporting PFAS spills and releases. Memorandum with requirements was issued September 2021; reporting guidance issued December 2021.

Issue guidance and policy for proper management and disposal of PFAS-contaminated materials properly

DOE set rules for restricting non-emergency use of PFAS-containing AFFF; suspending disposal actions, unless approved by the head of the program element; requiring PPE for operations with known PFAS exposure; and reporting PFAS spills and releases. Memorandum with requirements was issued September 2021; reporting guidance issued December 2021.

Issue guidance to restrict purchases of PFAS-containing products

The DOE GreenBuy Program offers guidelines for avoiding purchase of PFAS-containing products. It is updated to strengthen PFAS restrictions and align with executive order and EPA requirements for buying PFAS-containing products. GreenBuy Guidance issued second quarter FY 2022, with annual updates; other actions with EPA and Office of Management and Budget ongoing.

Issue departmental guidelines for identifying PFAS and other emerging contaminants for EMSs as appropriate across DOE functions

The DOE GreenBuy Program offers guidelines for avoiding the purchase of PFAS-containing products. The latest guidance is updated to strengthen the PFAS restrictions and align with executive order and EPA requirements for purchase of PFAS-containing products. GreenBuy Guidance issued second quarter FY 2022, with continued annual updates; additional actions with EPA and Office of Management and Budget ongoing.

Publish guidance and assess historical and current use

DOE’s initial effort will be completed in the second quarter of FY 2023. Research will continue as needed. Initial assessment to include review of classified records at DOE-Germantown and the National Archives-College Park for information about PFAS use in nuclear production and research activities in Manhattan Project facilities early in the Cold War. DOE will also identify relevant records – both classified and unclassified – at DOE sites and Federal Records Centers and complete initial efforts to identify likely PFAS use in historical and current DOE production and research. These efforts will be completed in the second quarter FY 2023. Research will continue as needed.

Perform field assessments and provide annual site-specific status updates

When necessary, DOE sites will work with regulatory partners to conduct environmental investigations based on information from the initial assessment and records searches. Initial site status reports completed January 2022, with further investigations, if necessary.

Publish a PFAS research plan identifying research gaps and priorities

The DOE research plan will identify gaps and set DOE research priorities to coordinate DOE laboratories and other federal research partner efforts. Enable coordination and give direction for DOE’s research and development activities led by the national laboratories and other research institutions focused on evaluating promising approaches for PFAS detection, separation, destruction and disposal. Identify opportunities for promising technologies. Initial research plan published in first quarter FY 2023, with next update by first quarter 2025.

Release a publicly available platform to serve as a central hub and resource center.

Unveil a publicly available PFAS hub and resource center. Set up a centralized DOE PFAS website with departmental information, including policies, practices and updates on engagement opportunities.

Research on PFAS in food and take action to address contamination

The USDA’s Food Safety and Inspection Service is testing for PFAS in meat and poultry products to identify the causes and implications of PFAS in the food system.

Grants for PFAS research on food and on animal and human health

The USDA is supporting extramural research on PFAS in the environment and food, as well as on animal and human health. For example, five Michigan State University researchers have received a USDA grant for $750,000 to study crop uptake of PFAS and how to prevent it.

Dairy indemnification for cows harmed by PFAS

When cows or dairy products can no longer be marketed because of PFAS contamination, and a public regulatory agency directs the dairy farmer to remove their raw milk from the market, the Dairy Indemnity Payment Program can provide compensation.

Report on phaseout of food contact uses

In July 2020, manufacturers of food contact substances committed to a voluntary three year market phaseout of certain types of short-chain PFAS containing 6:2 FTOH that may be found in food packaging. The manufacturers committed to providing the FDA with annual updates, and in January 2022, the FDA received updates from three companies, which are posted on its “Authorized Uses of PFAS in Food Contact Applications” website.

Publish results of food and seafood tests

To understand and reduce exposure to PFAS from foods, the FDA is conducting surveys of nationally distributed processed foods. The FDA released results from the studies: Dataset 1, Dataset 2, Dataset 3, Dataset 4, and Dataset 5. The FDA announced a plan to release the results of a targeted seafood survey by spring 2022 but subsequently released the survey in summer 2022. FDA’s sampling of other foods is characterized by FDA as “ongoing”.

Review science on PFAS and food packaging

As the FDA evaluates PFAS levels in the food supply, the agency aims to use the advanced analytical capabilities of its laboratories for generating and sharing new scientific information, like testing methodologies, to increase the baseline knowledge of PFAS occurrence in foods.

Issue policies/regulations to restrict PFAS purchasing

The GSA, which sets ground rules for federal purchasing, will work to implement the requirements of President Joe Biden’s executive order directing the government to focus its purchasing power on PFAS-free products. The GSA “will seek to eliminate non-essential uses of PFAS in building materials, while encouraging the development of alternatives.”

NIST study on PFAS prevalence/risk in firefighting gear

The 2021 NDAA authorizes the NIST to conduct research to understand the type, prevalence, and concentration of PFAS in firefighting gear, the source of PFAS, and the mechanism for PFAS release, which is critical to reducing the risk of being exposed to PFAS from the gear.

NIST grants on researching alternative firefighting gear

The 2021 NDAA authorizes a National Institutes of Standards and Technology, or NIST, grant program to fund research into PFAS-free alternatives for firefighting gear.

NIST development of new reference material for PFAS in aqueous firefighting foam

The National Institute of Standards and Technology is creating a reference material for PFAS in aqueous firefighting foams. In collaboration with the National Institute for Occupational Safety and Health (NIOSH) and the US Fire Administration, NIST will research how much PFAS gets on the fire-fighting gear. These institutions will also research how the PFAS is released and how to decrease the risk of exposure for firefighters. NIST plans to have a reference material created by the end of the year.

Research to reduce discharges and find AFFF alternatives

The FAA is researching the use of aqueous film-forming foam, or AFFF, containing PFAS in emergencies. It is working with DOD to find a PFAS-free firefighting foam alternative.

Allow airports to switch to fluorine-free firefighting foam

In the 2018 FAA Reauthorization Act, Congress gave the FAA until October 5, 2021, to “no longer require" the use of PFAS in firefighting foams used at airports. On October 4, 2021, the FAA issued an alert saying it would no longer require the use of PFAS to meet its existing performance standards for firefighting foams. On January 12, 2023 FAA issued an alert that airports can switch to non-PFAS foams as soon as foams are identified that meet the new military specification and products get added to the Navy’s qualified product list (90-120 days).

Research mitigating exposure from fire training/equipment

Through the National Fire Academy, FEMA is working to better understand, and mitigate, PFAS exposure from fire training exercises and equipment use. The FEMA also awarded a $1.5 million grant to the University of Arizona to study the extent of firefighter exposure to PFAS and subsequent health impacts.

Guidance for clinicians on testing, inform care and advice

In partnership with the National Academies of Sciences, Engineering, and Medicine, the HHS is developing guidance for clinicians on PFAS testing, how test results should inform clinical care, and how to advise patients on exposure reduction.

NIOSH study of PFAS risks for career firefighters/gear

The CDC’s National Institute for Occupational Safety and Health (NIOSH) is conducting a study that will address PFAS exposure and health assessments in manufacturing workers, service sector workers, and firefighters, and includes measurement of PFAS levels in gear.

NIEHS review of literature on immune system response to vaccination

Per a request by the Environmental Protection Agency, the National Institute of Environmental Health Sciences, or NIEHS, is evaluating the published literature on specific PFAS, to determine whether exposure could have immune effects that would weaken responses to vaccination.

NIEHS and EPA developing class-based understanding of PFAS health effects

The NIEHS and the EPA are developing a chemical class-based understanding of the health effects of PFAS. The goal is to achieve a more-efficient understanding of potential health effects across the class of chemicals.

NIEHS funding tools to remediate and understand PFAS fate/transport

Through its Superfund Research Program, the NIEHS is funding research and development of tools to remediate PFAS, and to better understand the fate and transport of PFAS chemicals once they are released into the environment.

ATSDR expanding measurements to identify non-drinking water PFAS exposure

The Agency for Toxic Substances and Disease Registry is partnering with the EPA to expand on the environmental measurements gathered as part of exposure assessments to identify significant non-drinking water sources of PFAS exposure.

ATSDR reports on 10 exposure assessments of more than 2,300 people

The ATSDR is currently developing reports for 10 PFAS exposure assessments, which looked at exposures in more than 2,300 individuals from over 1,400 households.

Initiatives to investigate/remediate, protect emergency responders

The DHS inventoried its PFAS use, such as firefighting foams, and prior releases, including possible water source contamination. To address PFAS at DHS facilities, a recent Policy Directive establishes procedures for alerting the Office of the Chief Readiness Support Officer, conducting follow-up investigations, and taking appropriate response actions. A new DHS-wide Emerging Contaminants Working Group will coordinate additional steps to remediate PFAS.

OSTP Publish interagency strategic research plan

The White House Office of Science and Technology Policy is mobilizing the National Science and Technology Council to form a team focused on coordinating and further accelerating federal scientific work on PFAS.

CEQ strategies for research/remediation for communities

The White House Council on Environmental Quality leads the newly-formed Interagency Policy Committee on PFAS, which will work to coordinate and help develop new policy strategies to support research, remediation, and removal of PFAS in communities across the country.

CEQ implementing instructions for Executive Order 14057 to limit PFAS

In December 2021, President Joe Biden issued Executive Order 14057, “Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability,” to reestablish the federal government as a leader in sustainability. The order says the CEQ shall coordinate with the director of the White House Office of Management and Budget to issue implementing instructions for the duties contained in section 504 of the order, which outlines the CEQ’s duties.