Regulatory Alert: EPA Releases Strategic Roadmap on PFAS
October 18, 2021
Today the U.S. Environmental Protection Agency released a new 'PFAS Strategic Roadmap' that lays out the EPA's whole-of-agency approach to confronting and addressing PFAS contamination nationwide. The roadmap provides a lengthy overview of major regulatory actions that EPA plans to take from 2021 through 2024 on PFAS and could meaningfully impact a wide range of industries, including airports. One of the biggest announcements is that EPA plans to release a proposed rulemaking in spring 2022 that would designate PFOA and PFOS as a hazardous substance under the Superfund law, triggering potentially costly cleanup efforts. 
AAAE is well positioned to respond to these proposals when they arise in the coming months and years. This past summer AAAE established a PFAS Coalition, consisting of airport and industry experts, to help address the significant PFAS-related issues that are impacting airports. The Coalition is actively working to assess and estimate the financial impacts on the airport industry to ensure that policymakers understand the needs and concerns of airports. Airport engagement with the Coalition will be important as AAAE develops data-driven recommendations and ensures the industry is prepared to properly respond to the various proposals that are expected from EPA.
Regulatory Actions Proposed in EPA PFAS Roadmap. EPA's roadmap, which was developed by the agency's Council on PFAS, is centered on three guiding strategies: (1) increase investments in research; (2) leverage the agency's authorities to take action to restrict PFAS chemicals from being released into the environment; and (3) accelerate the cleanup of PFAS contamination. While EPA outlines a variety of regulatory proposals and initiatives in the roadmap, airports should be aware of the following: 
• Hazardous Substance Designation for PFOS/PFOA. EPA is developing a notice of proposed rulemaking (NPRM) to designate PFOS and PFOA as 'hazardous substances' under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), better known as Superfund. This designation would effectively hold airports liable for PFAS discharge through their use of aqueous film forming foam (AFFF) and could allow EPA to seek cost recovery or contributions for costs incurred for the cleanup. EPA indicated the proposed rulemaking will be available for public comment in spring 2022, with a final rule expected by the summer 2023. 
• Other PFAS as Hazardous Substances. In addition to developing an NPRM designating PFOA and PFOS as hazardous substances under CERCLA, EPA is also planning to develop an advance notice of proposed rulemaking (ANPRM) to seek public input on whether to similarly designate other PFAS. EPA indicated that this ANPRM is expected to be released in spring 2022. EPA has committed to conducting robust stakeholder engagement with communities near PFAS-contaminated sites. 
• NPDES Permitting to Reduce PFAS Discharges. The National Pollutant Discharge Elimination System (NPDES) permit program addresses pollution by regulating point sources that discharge pollutants to waters. EPA indicated they plan to use the NPDES program to require facilities, including potentially airports, to (1) monitor the sources of PFAS and quantity of PFAS being discharged; (2) use best management practices to address PFAS-containing firefighting foams for stormwater permits; (3) increase their public notification and engagement with downstream communities and public water systems; and (4) implement pretreatment programs to include source control and best management practices to protect wastewater treatment plant discharges and biosolid applications. EPA indicated that the public should expect movement on these initiatives in winter 2022. 
• Guidance on PFAS Disposal and Destruction. EPA published its first interim guidance on the destruction and disposal of PFAS and PFAS-containing materials, such as AFFF, in December 2020. The guidance identified three technologies that are commercially available to either destroy or dispose of PFAS and PFAS-containing materials and outlined the significant uncertainties and information gaps that exist with such technologies. In February, AAAE filed comments on the guidance, emphasizing the lack of clarity for airports in navigating this area and the shortcomings of the document. In the roadmap released today, EPA indicated they will update this guidance by fall 2023 to address the public comments and reflect new research results. 
• National Drinking Water Standard. To date, EPA has regulated more than 90 drinking water contaminants but has not established national drinking water regulations for any PFAS. In March, EPA issued a final determination to regulate PFOA and PFOS in drinking water. The agency is now developing a proposed National Primary Drinking Water Regulation for these chemicals. EPA expects to issue a proposed regulation in fall 2022 – before the agency's statutory deadline of March 2023 – and a final regulation in fall 2023 after considering public comments on the proposal. 
Interagency Policy Committee on PFAS. The White House also announced today that its Council on Environmental Quality (CEQ) will be leading a newly-formed Interagency Policy Committee on PFAS, which will be working across the federal government to coordinate and develop new policies and strategies for researching, remediating and removing PFAS from communities. 
Upcoming Events. On Wednesday, October 20, the Senate Committee on Environment and Public Works will hold a hearing to assess EPA's ongoing and proposed responses to the presence of PFAS chemicals in the environment. In the announcement today, EPA indicated that the agency will be engaging with stakeholders through two separate webinars to identify collaborative solutions on the issue of PFAS. You can register to attend the October 26 webinar and the November 2 webinar. 
Additional Resources
• EPA's 'PFAS Strategic Roadmap: EPA's Commitments to Action, 2021-2024' 
• EPA's Press Release on the PFAS Strategic Roadmap 
• White House Fact Sheet on Efforts to Combat PFAS Pollution (Oct. 18, 2021)  
 
Today the U.S. Environmental Protection Agency released a new 'PFAS Strategic Roadmap' that lays out the EPA's whole-of-agency approach to confronting and addressing PFAS contamination nationwide. The roadmap provides a lengthy overview of major regulatory actions that EPA plans to take from 2021 through 2024 on PFAS and could meaningfully impact a wide range of industries, including airports. One of the biggest announcements is that EPA plans to release a proposed rulemaking in spring 2022 that would designate PFOA and PFOS as a hazardous substance under the Superfund law, triggering potentially costly cleanup efforts. 
AAAE is well positioned to respond to these proposals when they arise in the coming months and years. This past summer AAAE established a PFAS Coalition, consisting of airport and industry experts, to help address the significant PFAS-related issues that are impacting airports. The Coalition is actively working to assess and estimate the financial impacts on the airport industry to ensure that policymakers understand the needs and concerns of airports. Airport engagement with the Coalition will be important as AAAE develops data-driven recommendations and ensures the industry is prepared to properly respond to the various proposals that are expected from EPA.
Regulatory Actions Proposed in EPA PFAS Roadmap. EPA's roadmap, which was developed by the agency's Council on PFAS, is centered on three guiding strategies: (1) increase investments in research; (2) leverage the agency's authorities to take action to restrict PFAS chemicals from being released into the environment; and (3) accelerate the cleanup of PFAS contamination. While EPA outlines a variety of regulatory proposals and initiatives in the roadmap, airports should be aware of the following: 
• Hazardous Substance Designation for PFOS/PFOA. EPA is developing a notice of proposed rulemaking (NPRM) to designate PFOS and PFOA as 'hazardous substances' under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), better known as Superfund. This designation would effectively hold airports liable for PFAS discharge through their use of aqueous film forming foam (AFFF) and could allow EPA to seek cost recovery or contributions for costs incurred for the cleanup. EPA indicated the proposed rulemaking will be available for public comment in spring 2022, with a final rule expected by the summer 2023. 
• Other PFAS as Hazardous Substances. In addition to developing an NPRM designating PFOA and PFOS as hazardous substances under CERCLA, EPA is also planning to develop an advance notice of proposed rulemaking (ANPRM) to seek public input on whether to similarly designate other PFAS. EPA indicated that this ANPRM is expected to be released in spring 2022. EPA has committed to conducting robust stakeholder engagement with communities near PFAS-contaminated sites. 
• NPDES Permitting to Reduce PFAS Discharges. The National Pollutant Discharge Elimination System (NPDES) permit program addresses pollution by regulating point sources that discharge pollutants to waters. EPA indicated they plan to use the NPDES program to require facilities, including potentially airports, to (1) monitor the sources of PFAS and quantity of PFAS being discharged; (2) use best management practices to address PFAS-containing firefighting foams for stormwater permits; (3) increase their public notification and engagement with downstream communities and public water systems; and (4) implement pretreatment programs to include source control and best management practices to protect wastewater treatment plant discharges and biosolid applications. EPA indicated that the public should expect movement on these initiatives in winter 2022. 
• Guidance on PFAS Disposal and Destruction. EPA published its first interim guidance on the destruction and disposal of PFAS and PFAS-containing materials, such as AFFF, in December 2020. The guidance identified three technologies that are commercially available to either destroy or dispose of PFAS and PFAS-containing materials and outlined the significant uncertainties and information gaps that exist with such technologies. In February, AAAE filed comments on the guidance, emphasizing the lack of clarity for airports in navigating this area and the shortcomings of the document. In the roadmap released today, EPA indicated they will update this guidance by fall 2023 to address the public comments and reflect new research results. 
• National Drinking Water Standard. To date, EPA has regulated more than 90 drinking water contaminants but has not established national drinking water regulations for any PFAS. In March, EPA issued a final determination to regulate PFOA and PFOS in drinking water. The agency is now developing a proposed National Primary Drinking Water Regulation for these chemicals. EPA expects to issue a proposed regulation in fall 2022 – before the agency's statutory deadline of March 2023 – and a final regulation in fall 2023 after considering public comments on the proposal. 
Interagency Policy Committee on PFAS. The White House also announced today that its Council on Environmental Quality (CEQ) will be leading a newly-formed Interagency Policy Committee on PFAS, which will be working across the federal government to coordinate and develop new policies and strategies for researching, remediating and removing PFAS from communities. 
Upcoming Events. On Wednesday, October 20, the Senate Committee on Environment and Public Works will hold a hearing to assess EPA's ongoing and proposed responses to the presence of PFAS chemicals in the environment. In the announcement today, EPA indicated that the agency will be engaging with stakeholders through two separate webinars to identify collaborative solutions on the issue of PFAS. You can register to attend the October 26 webinar and the November 2 webinar. 
Additional Resources
• EPA's 'PFAS Strategic Roadmap: EPA's Commitments to Action, 2021-2024' 
• EPA's Press Release on the PFAS Strategic Roadmap 
• White House Fact Sheet on Efforts to Combat PFAS Pollution (Oct. 18, 2021)  
 
