PFAS and Superfund Law Implications

Show Notes

Talking PFAS Episode 42 – Published 25/4/2023

Welcome back to Talking PFAS Podcast.  I am a journalist and your host Kayleen Bell.

Today’s episode is the launch of Season 6, and I want to give a big thank you to everybody who continually listens to Talking PFAS podcast, and for sending me your emails on how much you enjoy it.  If you are new to the podcast, I encourage you to have a binge, as the content, of course, is still very relevant today as attention, regulation and litigation regarding PFAS chemicals continues to accelerate. 

In the Talking PFAS episode today we will be taking a closer look at what US EPA is doing regarding their proposed PFAS drinking water regulation. And it is important to note that I will be giving an overview, from their overview, so for you to get the full context of what they are doing, I strongly encourage you to look at their website. 

Also I really encourage you to look at their two webinars.  One was on the 16/3/23 and one was on the 29/3/23.  They are excellent.  They will give you all the information that you need whether you are somebody affected by PFAS contamination, or responsible to keep it out of drinking water, or responsible to clean it up.  And also, they go into great detail in parts of these webinars, but for the most part they are very easy to understand.

I just need to mention, in the intro, the proposed PFAS National Primary Drinking Water Regulation,  that US EPA has proposed, is not an enforceable regulation yet, as some information online  and some news articles have reported that it is.  It is simply a proposal at this point.

Today I am going to share some key information from the US EPA webinars on these proposed  changes to drinking water regulation and I will put a link in my show notes.  And also the US EPA is running a virtual public hearing on May 4 and they are asking people to register and submit comments.  They will also take oral comments and written comments for this public hearing on May 4.  Throughout today’s discussion I am always talking about US EPA if I just say the word EPA, just for clarification.

I will also be sharing some of my interview with Boston Attorney John Gardella from CMBG3 Law.  This is a repeat from Episode 33 but I will not be publishing the whole of Episode 33.  But as we were discussing all of these changes it is relevant to today’s episode just to give people who are concerned about the legal ramification of these proposed changes.  So, I will be replaying it for the benefit of those listeners that are interested in litigation.

So why is the US EPA proposing these drinking water regulations regarding PFAS.  As they stated in the webinar, “they are taking this action because safe drinking water is fundamental to healthy people and thriving communities.”  EPA stated, “we rely on water from the moment we wake up and make a cup of coffee to when we brush our teeth at night.  Every person should have access to clean, safe drinking water.  That is why EPA is acting now to protect people’s drinking water from PFAS contamination.” 

As they stated in the webinar “The science is clear.  Long-term exposure to certain PFAS is linked to significant health risks.”  They continue to quote “people can be exposed to PFAS in a number of ways and when their drinking water is contaminated with PFAS it can be a significant portion of a person’s total PFAS exposure.”  This is very important to note, “based on EPA’s evaluation of current best available science,  PFOA and PFOS, are found to be likely human carcinogens.”

Commenters on the proposed rule have until May 30th this year, 2023, to provide comments to the agency on the proposed rule.  Comments must be submitted to the public docket by May 30th for consideration.

So, EPA is proposing a National Primary Drinking Water Regulation (NPDWR) to establish legal enforceable levels called Maximum Contaminant Levels, (MCLs) for short.

Under the Safe Drinking Water Act, EPA has the authority to set enforceable National Primary Drinking Water Regulations for drinking water contaminants and require monitoring of public water supplies.  To date EPA has regulated more than 90 drinking water contaminants but has not established National drinking water regulations for any PFAS.

Now the Agency is developing a proposed National Primary Drinking Water Regulation for PFOS and PFOA and additional certain other PFAS.  The EPA is also considering regulatory actions to address groups of PFAS.   The Agency expects to issue a final drinking water regulation by the end of 2023, after considering public comments on the proposal.

I am now going to play a portion of my interview with Boston Attorney John Gardella from Episode 33,  and I will ADD in some more relevant US EPA information around this, including the impacts that the new mandatory drinking water limits, if passed,  will have on public water system providers.

Now Boston Attorney, John Gardella, has been a regular guest on the Talking PFAS podcast.  It is always a great, open and easy to understand conversation with him.  He is well-versed on PFAS and writes frequently in the National Law Review and you can catch up on his multiple PFAS articles there.

All information is copyright – people can share links to the whole episode and share the show notes with full attribution to Kayleen Bell, journalist and producer Talking PFAS Podcast.  Permission must be sought from the rights holder at TalkingPFAS@gmail.com for any other reproduction/republishing use.

Next episode to publish Wed 26/4/23 Interview with OPEC Systems (EPOC Enviro) regarding their SAFF PFAS remediation.

Thanks again for listening :) 

SHOW NOTE LINKS:

Link to Episode 33 https://omny.fm/shows/talkingpfas/ep-33-boston-attorney-john-gardella-major-pfas-dev?in_playlist=podcast

US EPA - United States Environmental Protection Agency

https://www.epa.gov/pfas

Suggested – EPA actions to address PFAS

You can find information on the US EPA website above about all of these things we discussed in today’s Talking PFAS episode (and much more) :

• PFAS Strategic Roadmap
• National drinking water standard to limit six PFAS
• Bipartisan Infrastructure Law Funding for PFAS and Emerging Contaminants in Drinking Water
• Proposed Hazardous Substance Designation for PFOA and PFOS
• Science Advisory Board Review of Draft PFOA/PFOS Scientific Documents
• Rule Development for designating PFOA/PFOS as CERCLA Hazardous Substances

To watch the webinars I mentioned regarding the Proposed PFAS National Primary Drinking Water Regulation go to https://www.epa.gov/sdwa/and-polyfluoroalkyl-substances-pfas

Scroll down to find the webinars:

March 29, 2023 Technical Overview of the Proposed PFAS NPDWR and

March 16, 2023 General Overview Webinar on the Proposed PFAS NPDWR

Read more about: Emerging Contaminants (EC) in Small or Disadvantaged Communities Grant (SDC)

https://www.epa.gov/dwcapacity/emerging-contaminants-ec-small-or-disadvantaged-communities-grant-sdc#press

Plus access the above link and then scroll down until you see “Funding Allotments” or go to this link:

https://www.epa.gov/system/files/documents/2023-02/FY22_FY23_Combined_BIL_EC_Allotments%20Memo%20to%20WDDs_February%202023_signed.pdf

This is the 3-page US EPA – Office of Water Memorandum regarding the Allotment of Funding FY 2022 & FY 2023 Bipartisan Infrastructure Law (BIL) Dated 13 February 2023 – that I mentioned in the Talking PFAS Podcast

OEHHA – Office of Environmental Health Hazard Assessment (Listings and Responses)

https://oehha.ca.gov/proposition-65/crnr/notice-interested-parties-chemical-listed-effective-february-25-2022-known-state  “Effective February 25, 2022, for purposes of Proposition 65, the Office of Environmental Health Hazard Assessment (OEHHA) is adding perfluorooctanoic acid (PFOA) (CAS RN 335-67-1) to the list of chemicals known to the State of California to cause cancer.”

OEHHA Response to Comments Pertaining to the Notice of Intent to List Perfluorooctanoic Acid as Causing Cancer Under Proposition 65

https://oehha.ca.gov/media/downloads/crnr/responsecommentspfoa022522.pdf

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