What Are PFAS?

PFAS (per- and Polyfluoroalkyl Substances) are a group of more than 9,000 man-made chemicals, including PFOS (perfluorooctane sulfonate) and PFOA (perfluorooctanoic acid). These chemicals are highly resistant to heat, water, and oil, making them common in non-stick cookware, water-repellent clothing, firefighting foams, and food packaging materials.

Why are they a concern?

• Persistence in the Environment: PFAS do not break down easily and are often referred to as “forever chemicals.” Once released into the environment, they can persist for years or even decades. • Health Impacts: PFAS exposure has been linked to several health issues, including developmental effects, liver damage, immune system suppression, and an increased risk of cancer.

PFAS Support by APA Engineering

As the regulatory landscape around PFAS continues to tighten, APA Engineering assists organizations in navigating the complex compliance requirements, ensuring that they adhere to the latest EPA guidelines.

For further reading on PFAS updates or compliance solutions, you can refer to the following resources:

• Webinar: An Update to North America PFAS Regulations & Reporting Requirements
• Latest News: 9 Newly Added PFAS
• Explore APA Engineering’s PFAS Solutions

By leveraging our support and services, businesses can gain a deeper understanding of the impact of PFAS on their operations and take proactive steps to reduce their environmental footprint.

Essential Insights: EPA's PFAS Reporting Requirements

The EPA’s PFAS reporting requirements have evolved in response to growing concerns over the environmental and health risks associated with these chemicals. These regulations ensure that industries comply with standards to monitor, track, and report the presence of PFAS in the environment, particularly in drinking water, soil, and air. Here are the essential PFAS reporting requirements that businesses and facilities must know

1. Reporting Under the Toxic Substances Control Act (TSCA)

1. Who is affected? Manufacturers and importers of chemicals, including PFAS.
2. What is required?

i. Under TSCA, businesses are required to submit detailed information about the production, use, and disposal of PFAS chemicals when manufacturing or importing them.
ii. This includes Pre-Manufacture Notifications (PMNs) for new chemicals introduced to the market, ensuring the EPA has a chance to review the potential environmental and health impacts before the chemicals are introduced.
iii. Chemical Data Reporting (CDR) requires companies to provide detailed data about the chemicals they manufacture, including specific PFAS compounds.

3. Why is it important? TSCA reporting is crucial for the EPA to assess and regulate the use of PFAS in commerce and ensure that new PFAS chemicals don’t pose significant risks to the environment or public health.

2. Reporting Under the Emergency Planning and Community Right-to-Know Act (EPCRA)

1. Who is affected? Facilities that store, handle, or release chemicals in quantities that exceed certain thresholds.
2. What is required?

i. Under EPCRA Section 313, facilities must report the storage, use, or release of specific chemicals, including PFAS (such as PFOA and PFOS), if they exceed designated thresholds (typically 100 pounds or more)
ii. Reports are submitted to the Toxic Release Inventory (TRI), which provides data to the public about toxic chemicals used in or released by various industries.
iii. Annual reports must be submitted, providing the quantity of PFAS chemicals that were released into the environment, treated, or disposed of.

3. Why is it important? The goal of EPCRA is to inform the public, local governments, and emergency responders about the presence of hazardous chemicals, ensuring preparedness in case of an emergency.

3. Safe Drinking Water Act (SDWA) – Monitoring and Reporting for Public Water Systems

1. Who is affected? Public water systems that provide drinking water to communities.
2. What is required?

i. The EPA has set enforceable limits for certain PFAS chemicals in drinking water (notably PFOA and PFOS) under the SDWA. This means that public water systems must monitor for PFAS and report their findings.
ii. If levels exceed these limits, public water systems must take corrective actions to reduce contamination.
iii. Water suppliers are also required to inform the public if PFAS contamination is found above regulatory limits.

3. Why is it important? Reporting under the SDWA ensures that drinking water remains safe for consumption, protecting communities from PFAS-related health risks.

4. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Reporting

1. Who is affected? Facilities or entities that release PFAS into the environment.
2. What is required?

i. Under CERCLA (Superfund), businesses must report the release of PFAS chemicals (e.g., PFOA, PFOS) into the environment if the release exceeds a threshold of 100 pounds.
ii. Reports must be submitted to the National Response Center (NRC), which is part of the EPA's National Incident Management System (NIMS).
iii. CERCLA reporting includes contaminant spills, ongoing environmental contamination, and accidental releases.

3. Why is it important? CERCLA ensures that the EPA is notified of hazardous substance releases, triggering appropriate response actions to address and mitigate potential environmental damage.

5. State-Specific Reporting and Regulations

1. Who is affected? Businesses operating in states with stricter PFAS regulations.
2. What is required?

i. Several states have enacted their own PFAS regulations that may include lower thresholds for reporting, more stringent testing, and additional requirements for tracking PFAS contamination.
ii. State PFAS monitoring programs may require companies to test for additional PFAS chemicals beyond what the federal government mandates.
iii. States like California, Michigan, New Jersey, and others have taken proactive steps to regulate PFAS levels in drinking water, wastewater, and soil, often requiring more frequent and detailed reporting than federal requirements.

3. Why is it important? Companies must stay updated on state-specific PFAS reporting requirements, as non-compliance could lead to penalties or additional environmental damage.

6. EPCRA Section 304 – Reporting Releases to Local Emergency Response Authorities

1. Who is affected? Facilities releasing PFAS into the environment, especially in large quantities.
2. What is required?

i. Under EPCRA Section 304, any facility that releases any hazardous substance (including specific PFAS chemicals) into the environment must notify local emergency authorities if the release exceeds the reportable quantity (RQ).
ii. For PFAS like PFOA and PFOS, the release threshold is typically 100 pounds.

3. Why is it important? This ensures that local communities and emergency responders are immediately aware of hazardous releases, facilitating quick action to protect public health and safety.

7. Reporting and Monitoring for Remediation Sites (Under CERCLA)

1. Who is affected? Companies involved in remediation efforts to address PFAS contamination at sites.
2. What is required?

i. CERCLA requires businesses to report the remediation efforts when cleaning up sites contaminated by PFAS chemicals.
ii. These reports must detail the contamination levels, the remediation strategies employed, and ongoing monitoring results.

3. Why is it important? Remediation reporting helps ensure that PFAS contamination is effectively addressed, and that the cleanup efforts are monitored for long-term success.

Challenges in PFAS Reporting Compliance

• Understanding the complexity of PFAS: There are thousands of PFAS compounds, and not all of them are subject to the same reporting requirements. Identifying which specific PFAS chemicals need to be reported can be challenging.
• Evolving regulations: As PFAS research progresses, regulatory requirements are subject to change, making it difficult for companies to stay compliant with the latest guidelines.
• Testing and detection limitations: Some PFAS chemicals are present in extremely low concentrations, making accurate detection and reporting more complex.

What Industries Need to Know?

PFAS are used in many industries, so businesses need to understand their responsibilities under EPA regulations. Key industries include:

• Manufacturers of non-stick products
• Firefighting foam producers
• Textile and clothing manufacturers
• Food packaging companies
• Water treatment facilities
• Chemical manufacturers

Industries need to be proactive in monitoring their PFAS usage and potential releases, as the regulatory environment around PFAS is likely to continue evolving.

Key Takeaways for Businesses

• Stay informed on EPA’s evolving regulations for PFAS and ensure compliance with all federal and state reporting requirements by following APA Engineering.
• Monitor PFAS levels regularly, especially in industries handling or using PFAS-containing materials, including water systems, manufacturing, and firefighting foam producers.
• Implement appropriate testing and reporting procedures to ensure that any release or contamination is promptly reported to regulatory authorities.

The EPA's PFAS reporting requirements are part of a growing effort to protect public health and the environment from the adverse effects of these persistent chemicals. As regulatory frameworks tighten and more PFAS chemicals are studied, industries will need to stay informed and comply with these evolving reporting requirements. Companies must take steps to ensure compliance, not only to avoid penalties but also to contribute to the broader goal of reducing PFAS contamination in the environment.

Learn how we can support your PFAS compliance— visit us here!