Regulatory Alert: EPA Administrator Establishes New Council on PFAS
April 27, 2021
U.S. Environmental Protection Agency (EPA) Administrator Michael Regan issued a memorandum establishing an 'EPA Council on PFAS' (ECP) to help the agency to strategize the best way to use the agency's authorities, expertise and partnerships to mitigate and reduce the effects from PFAS and protect public health and the environment. The newly formed ECP has been directed to develop the agency's multi-year strategy for addressing PFAS-related concerns and prepare initial recommendations for the Administrator within 100 days of its establishment. The memorandum is the first clear pivot from the prior administration's strategy toward addressing PFAS issues. 
You can read EPA's press release and the Administrator's memorandum for additional information. 
Background. Under the prior administration, EPA developed and released the 2019 EPA PFAS Action Plan, with a program update in February 2020. The Action Plan outlines the current steps that the agency is taking to address PFAS and protect public health, including key actions on drinking water standards, cleanup, research, enforcement, and risk communication tools. Critics of the Action Plan have argued that EPA is not moving quickly enough to address these issues. 
EPA Council on PFAS Tasking. In the memorandum released today, EPA Administrator Regan directed the ECP to conduct the following: 
U.S. Environmental Protection Agency (EPA) Administrator Michael Regan issued a memorandum establishing an 'EPA Council on PFAS' (ECP) to help the agency to strategize the best way to use the agency's authorities, expertise and partnerships to mitigate and reduce the effects from PFAS and protect public health and the environment. The newly formed ECP has been directed to develop the agency's multi-year strategy for addressing PFAS-related concerns and prepare initial recommendations for the Administrator within 100 days of its establishment. The memorandum is the first clear pivot from the prior administration's strategy toward addressing PFAS issues. 
You can read EPA's press release and the Administrator's memorandum for additional information. 
Background. Under the prior administration, EPA developed and released the 2019 EPA PFAS Action Plan, with a program update in February 2020. The Action Plan outlines the current steps that the agency is taking to address PFAS and protect public health, including key actions on drinking water standards, cleanup, research, enforcement, and risk communication tools. Critics of the Action Plan have argued that EPA is not moving quickly enough to address these issues. 
EPA Council on PFAS Tasking. In the memorandum released today, EPA Administrator Regan directed the ECP to conduct the following: 
- Develop 'PFAS 2021-2025 – Safeguarding America's Waters, Air and Land,' a multi-year strategy to deliver critical public health protections to the American public. To develop the strategy, the ECP will review all ongoing actions, propose any necessary modifications and identify new strategies and priorities. The ECP is required to make initial recommendations within 100 days of its establishment.
- Continue close interagency coordination on regional specific and cross-media issues to assist states, tribes and local communities faced with significant and complex PFAS challenges. 
- Work with all national program offices and regions to maximize the impact of the EPA's funding and financing programs to support cleanup of PFAS pollution, particularly in underserved communities.
- Expand engagement opportunities with federal, state and tribal partners to ensure consistent communications, exchange information and identify collaborative solutions.
Radhika Fox, Principal Deputy Assistant Administrator of the Office of Water, and Deb Szaro, Acting Regional Administrator of Region 1, will be leading the new council, which will also consist of senior EPA career officials.
