As we move into 2025, environmental, health and safety (EHS) professionals are facing significant regulatory changes concerning per- and polyfluoroalkyl substances (PFAS). These “forever chemicals” have become a focal point for environmental agencies, with new rules and standards being implemented to address their widespread presence and potential health impacts. This article will explain what PFAS are and their implications for EHS professionals, and provide an overview of the current regulatory landscape.
What Are PFAS and Why Should EHS Professionals Care?
PFAS are a group of man-made chemicals that have been widely used in various industries and consumer products since the 1940s. They are known for their ability to repel water and oil, making them valuable in applications such as non-stick cookware, waterproof clothing and firefighting foams.
Important Things to Know for EHS Professionals
1. PFAS are nicknamed “forever chemicals” because they don’t break down easily in the environment or the human body.
2. Due to their extensive use, PFAS have been found in water, soil, air and even human blood samples across the globe.
3. Studies have linked PFAS exposure to various health effects, including:
● Changes in liver enzymes,
● Increased cholesterol levels,
● Decreased vaccine response in children,
● Increased risk of certain cancers (e.g., kidney and testicular).
4. The EPA and state agencies are increasingly regulating PFAS, requiring EHS professionals to stay informed about new standards and compliance requirements.
5. As regulations develop, companies may face increased liability for PFAS contamination, making it important for EHS professionals to assess and mitigate risks associated with PFAS use or historical contamination.
Understanding these key points will help EHS professionals understand the complex environment of PFAS regulations and develop appropriate strategies for their organizations.
Now, let’s look at the current regulatory developments affecting PFAS management.
EPA’s Drinking Water Standards
In April 2024, the EPA finalized the first-ever national drinking water standard for PFAS. This groundbreaking regulation sets legally enforceable limits for six PFAS compounds:
● PFOA and PFOS: Maximum Contaminant Levels (MCLs) set at 4.0 parts per trillion (ppt) each.
● PFNA, PFHxS and GenX Chemicals: MCLs set at 10 ppt.
● PFBS: Regulated using a hazard index calculation.
These new standards are expected to reduce PFAS exposure for approximately 100 million people and prevent thousands of deaths and serious illnesses.
CERCLA Hazardous Substance Designation
The EPA has designated PFOA and PFOS, including their salts and structural isomers, as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). This designation, effective July 8, 2024, has significant implications for:
● Reporting requirements for releases,
● Potential liability for cleanup costs,
● Site investigations and remediation efforts.
EHS professionals should ensure their organizations are prepared to comply with these new CERCLA obligations.
RCRA Hazardous Constituents
The EPA is considering adding nine PFAS compounds to the list of “hazardous constituents” under the Resource Conservation and Recovery Act (RCRA). This potential addition could impact ongoing and future cleanup and remediation projects, requiring EHS professionals to reassess their waste management practices.
Industrial Discharge Regulations
While not yet finalized, the EPA is expected to issue proposed rules for limiting PFAS discharges from certain industries. EHS professionals in sectors such as textiles, concentrated animal feeding operations and landfills should stay alert for upcoming Effluent Limitation Guidelines (ELGs) that may affect their operations.
State-Level Actions
Beyond federal regulations, many states are taking initiative to address PFAS concerns. A report from Safer States estimates that 35 states will introduce policies to ban PFAS chemicals in some of their uses in 2024. These state-level actions may include:
● Monitoring and testing of PFAS in water and sewage sludge,
● Labeling and restrictions on firefighting equipment,
● Bans on PFAS in food packaging, clothing and other consumer products.
EHS professionals should monitor the regulatory requirements in their respective states to ensure compliance with both federal and state-level PFAS regulations.
Preparing for Compliance
To ensure compliance with these new regulations, EHS professionals should:
1. Conduct thorough PFAS inventories at their facilities.
2. Evaluate current water treatment systems and upgrade if necessary.
3. Review and update spill response and reporting procedures.
4. Assess supply chains for PFAS-containing materials.
5. Stay informed about ongoing PFAS regulatory developments.
As PFAS regulations continue to change, EHS professionals have an important role in helping their organizations adjust. Our job as EHS professionals is about protecting people and the environment from exposure to harmful chemicals and ensuring compliance with applicable regulations.
By staying up to date on the latest regulations and taking action to reduce PFAS risks, EHS professionals help their companies avoid potential fines and legal problems. But more importantly, they are contributing to a bigger goal of reducing exposure to dangerous substances and ensuring a healthier, safer future for everyone.
