NEBRA’s “Reg-Leg” Committee continues to be very active, contributing to comments letters on the U.S. Environmental Protection Agency (EPA)’s proposal to list two per- and polyfluoroalkyl substances (PFAS) as “hazardous” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) -- better known as EPA’s Superfund Program.  The major concern is for liability and NEBRA and others continue to ask for specific exemptions under CERCLA for public water utilities.  Copies of the letters and other resources are available to NEBRA members at Reg-Leg Committee — NEBRA (nebiosolids.org).   

Here are just some of the issues the Reg-Leg Committee has been tracking lately.

The Environmental Council of the States (ECOS) announced in late October that it will be conducting an assessment of state environmental agency efforts on PFAS in biosolids. According to the press release, the survey “delves into each state’s legislative and regulatory landscape, monitoring and treatment processes, testing and analysis protocols, and risk communication needs as they pertain to this challenging issue.” ECOS aims to report out on its findings fairly quickly, possibly by the end of the year. 

Also in October, the Interstate Technology & Regulatory Council – a project of ECOS and its research affiliate, the Environmental Research Institute of the States – released a Biosolids and PFAS Fact Sheet summarizing emerging technical information about risk and management of biosolids affected by PFAS.   ITRC (www.itrcweb.org) has been studying PFAS and compiling all sorts of information about it for use by regulators and others.

An Inside EPA article published October 11th titled “EPA Pledges to Preserve Biosolids Disposal Options in Face of PFAS Fears” was somewhat encouraging.  The article cites comments by EPA’s Assistant Administrator for Water, Radhika Fox, during WEFTEC 2022.  “I will certainly say the issue of biosolids and PFAS is an absolute frontier issue,” Fox was quoted as saying.  EPA’s CERCLA proposal has raised major concerns with public water utilities.  Acknowledging that there’s a lot we don’t know, Fox repeatedly reinforced her comments about EPA upholding the three main methods for managing biosolids in a way that’s protective of public health.  EPA has yet to convene its the Science Advisory Board to review the proposed risk assessment model for PFAS in biosolids-based soil amendments but that process is supposed to be completed by the end of 2024.

Meanwhile, the World Health Organization (WHO) issued a draft document with provisional guidance levels for PFOA and PFOS in drinking water, recommending 100 parts per trillion (ppt), individually.  According to an article in Greenwire, WHO’s conclusions factored in “limited resources many countries have with regard to testing and remediation”.  There was not quite a consensus on health impacts and WHO urged more research in this area.  The final recommendations will serve as a guide to countries across the globe as they seek to deal with PFAS contamination. 

Article updated/corrected on 11-29-22.