Bergeson & Campbell, P.C. extends its best wishes to our clients and many friends. We wish you and your family a safe and healthy New Year. As we have for many years, the firm has made a contribution to the House of Ruth, a shelter for battered women and their children, in lieu of gifts to our clients, and on our clients’ behalf.

TSCA/FIFRA/TRI                                                                                                 

U.S. Tire Manufacturers Association And USGS Partner For Joint Research Into 6PPD Alternatives: On November 15, 2023, the U.S. Tire Manufacturers Association (USTMA) announced that it will partner with the U.S. Geological Survey (USGS) on a research project “to assess and refine methods of evaluating potential alternatives to [N-(1,3-Dimethylbutyl)-N′-phenyl-p-phenylenediamine (6PPD)] for use in tires.” As reported in our November 3, 2023, blog item, the U.S. Environmental Protection Agency (EPA) has granted a petition filed under Section 21 of the Toxic Substances Control Act (TSCA) to address the use of 6PPD in tires. In the study, USTMA and the USGS Western Fisheries Research Center are working to establish a new method for in vitro toxicity testing of 6PPD alternatives through a Collaborative Research and Development Agreement.

EPA Releases Meeting Minutes And Final Report From SACC 1,4-Dioxane Review: EPA released on November 16, 2023, the meeting minutes and final report from the September 12-14, 2023, Science Advisory Committee on Chemicals (SACC) virtual public meeting regarding the draft supplement to the risk evaluation for 1,4-dioxane, one of the first ten chemicals to undergo risk evaluation under the amended TSCA. EPA sought external peer review from SACC on issues related to environmental release from industrial sources, application of occupational exposure modeling approaches and monitoring data for industrial and commercial operations, sources of environmental releases from hydraulic fracturing operations, modeling concentrations of 1,4-dioxane in surface water and groundwater, and exposure from multiple sources of 1,4-dioxane in air or water.

Elissa Reaves Will Become New OPPT Director: Elissa Reaves, Ph.D., who is currently Director of the Pesticide Re-Evaluation Division in EPA’s Office of Pesticide Programs (OPP), will become the new Director of the Office of Pollution Prevention and Toxics (OPPT), replacing Denise Keehner. Dr. Reaves is expected to begin her new position soon, but a start date at OPPT is unclear. Keehner provided an experienced hand to steer OPPT through some challenging times. She will be missed!

Ultium Cells LLC And General Motors Company Enter Into Consent Agreement With EPA For Alleged TSCA Violations: Under a November 20, 2023, final order of EPA’s Environmental Appeals Board (EAB), Ultium Cells LLC (Ultium) and General Motors Company (GM) entered into a consent agreement with EPA concerning alleged violations of TSCA Section 5(a)(1). According to the consent agreement, the respondents voluntarily disclosed to EPA that three chemical substances were manufactured (imported) “a number of times between November 2021 and March 3, 2023,” even though the chemicals were not listed on the TSCA Inventory at the time of import and no premanufacture notices (PMN) were filed at least 90 days before manufacture (import). As a condition of the agreement, respondents may import, process, use, and distribute the three chemicals while EPA and the respondents negotiate a final TSCA Section 5(e) consent order. More information is available in our November 29, 2023, blog item.

EPA Proposes To Amend PBT Rules For decaBDE And PIP (3:1): On November 24, 2023, EPA published a proposed rule that will amend the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)), two of the five persistent, bioaccumulative, and toxic (PBT) chemicals addressed in final rules issued under TSCA in January 2021. 88 Fed. Reg. 82287. In the proposed rule, EPA states that after receiving additional comments following the issuance of the 2021 PBT final rules, it “determined that revisions to the decaBDE and PIP (3:1) regulations are necessary to address implementation issues and to reduce further exposures.” According to EPA, as required under TSCA, the proposed requirements would, if issued in final, reduce the potential for exposures to humans and the environment to decaBDE and PIP (3:1) to the extent practicable. EPA notes that it is not proposing to revise the existing regulations for the other three PBT chemicals (2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP), hexachlorobutadiene (HCBD), and pentachlorothiophenol (PCTP)) at this time. Comments must be received on or before January 8, 2024. For more information, please read our November 27, 2023, memorandum.

EPA Issues Orders To Inhance Technologies Related To Long-Chain PFAS SNUNs: On December 1, 2023, EPA announced that it issued orders to Inhance Technologies LLC directing it not to produce per- and polyfluroakyl substances (PFAS), “chemicals that are created in the production of its fluorinated high-density polyethylene [high-density polyethylene (HDPE)] plastic containers.” EPA states that in December 2022, Inhance submitted significant new use notices (SNUN) for nine long-chain PFAS. According to EPA, “[u]pon review of the SNUNs and consistent with EPA’s Framework for Addressing New PFAS and New Uses of PFAS, EPA has determined that three of the PFAS (Perfluorooctanoic acid [PFOA], perfluorononanoic acid [PFNA] and perfluorodecanoic acid [PFDA]) are highly toxic and present unreasonable risks that cannot be prevented other than through prohibition of manufacture.” Under TSCA Section 5(f), EPA is prohibiting the contained manufacture of PFOA, PFNA, and PFDA that are produced from the fluorination of HDPE. The orders will be effective February 28, 2024. EPA states that it will post publicly available versions of the risk assessment and orders “soon” that will have all confidential business information (CBI) removed. More information is available in our December 7, 2023, blog item.

EPA’s Fall 2023 Unified Agenda Includes Proposed And Final TSCA, TRI, And PFAS Rules: EPA’s Fall 2023 Unified Agenda, published on December 6, 2023, includes a number of proposed and final TSCA, Toxics Release Inventory (TRI), and PFAS rulemakings. More information on the rulemakings, including links to our memoranda, will be available in an upcoming blog item.

House Republicans Seek Answers From EPA On Its Use Of TSCA Section 6 Authority: On December 6, 2023, a group of Republican Representatives sent a letter to EPA Administrator Michael S. Regan regarding EPA’s risk evaluation of existing chemicals under TSCA. According to the letter, the Representatives are “concerned that the EPA is using TSCA section 6 in a way that both subverts and supplants the statutory responsibilities of the Occupational Safety and Health Administration (OSHA).” The Representatives request responses to their questions by December 15, 2023. More information is available in our December 12, 2023, blog item.

EPA Begins TSCA Prioritization Process For Five Chemicals: EPA announced on December 14, 2023, that it is beginning the process to prioritize five additional toxic chemicals for risk evaluation under TSCA. The chemicals are acetaldehyde, acrylonitrile, benzenamine, 4,4’-methylene bis(2-chloroaniline) (MBOCA), and vinyl chloride. Between September and November 2023, EPA met with federal partners, industry, environmental organizations, labor organizations, state and local governments, and Tribes to discuss the prioritization process and presented a list of 15 chemicals that EPA was considering for prioritization. The ten chemicals not selected include: 4-tert-Octylphenol(4-(1,1,3,3-Tetramethylbutyl)-phenol); benzene; bisphenol A; ethylbenzene; napthalene; styrene; tribromomethane; triglycidyl isocyanurate; hydrogen fluoride; and N-(1,3-Dimethylbutyl)-N’-phenyl-p-phenylenediamine. Publication of a Federal Register notice announcing the process will begin a 90-day comment period. EPA has posted a prepublication version of the notice. More information will be available in a forthcoming memorandum.

EPA Proposes To Determine That TCEP, As A Whole Chemical Substance, Presents Unreasonable Risk To Human Health And The Environment: On December 15, 2023, EPA announced the availability of and solicited public comment on its draft risk evaluation for tris(2-chloroethyl) phosphate (TCEP) and related draft charge questions. 88 Fed. Reg. 86894. EPA states on its website that it reviewed the exposures and hazards of TCEP uses and made risk findings on TCEP. EPA considered relevant risk-related factors, including, but not limited to: the hazards and exposure, magnitude of risk, exposed population, severity of the hazard, and uncertainties, as part of its unreasonable risk determination. EPA proposes to determine that TCEP, as a whole chemical substance, presents unreasonable risk to human health and the environment. Comments on the draft risk evaluation are due February 13, 2024. More information will be available in a forthcoming memorandum.

RCRA/CERCLA/CWA/CAA/PHMSA/SDWA                                               

EPA Proposes Emissions Standards For The Rubber Processing Subcategory Of The Rubber Tire Manufacturing Industry: On November 16, 2023, EPA proposed amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Rubber Tire Manufacturing. 88 Fed. Reg. 78692. EPA states that to ensure that all emissions of hazardous air pollutants (HAP) from sources in the source category are regulated, it is proposing emissions standards for the rubber processing subcategory of the rubber tire manufacturing industry, “which is the only unregulated subcategory within the Rubber Tire Manufacturing source category.” Comments are due January 2, 2024. EPA notes that under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of the comments on or before December 18, 2023.

EPA Publishes ANPRM Regarding Emergency Release Notification Requirements For Animal Waste Air Emissions Under EPCRA: On November 17, 2023, EPA published an advance notice of proposed rulemaking (ANPRM) soliciting information pertaining to and requesting comments to assist in the potential development of regulations to reinstate the reporting of animal waste air emissions at farms under the Emergency Planning and Community Right-to-Know Act (EPCRA). 88 Fed. Reg. 80222. EPA is soliciting comments under five general categories: health impacts; implementation challenges; costs and benefits; small farm definition and potential reporting exemption; and national report on animal waste air emissions. EPA states that requiring reporting of animal waste air emissions may advance the community right-to-know aspect of EPCRA by providing the public with information that may impact their health and the environment. According to EPA, this information may advance its environmental justice goals of increasing the awareness of the potential impact these emissions have on communities with environmental justice concerns. Comments are due February 15, 2024.

EPA Publishes Draft Guidance Implementing Supreme Court’s Maui Decision In CWA Section 402 NPDES Permit Program: On November 27, 2023, EPA issued for public comment a draft guidance on applying the recent decision of the United States Supreme Court in County of Maui v. Hawaii Wildlife Fund, in the Clean Water Act (CWA) Section 402 National Pollutant Discharge Elimination System (NPDES) permit program for point source discharges that travel through groundwater before reaching a water of the United States. 88 Fed. Reg. 82891. EPA notes that the guidance will not have the force and effect of law and it will not bind the public in any way. EPA states that by issuing this guidance, it intends only to provide clarity to the public regarding existing requirements under the law or Agency policies. Comments are due December 27, 2023.

EPA Proposes To Remove Affirmative Defense Provision Of NESHAP For Both Oil And Natural Gas Production And Natural Gas Transmission And Storage Categories: On December 1, 2023, EPA proposed amendments to the NESHAP for the oil and gas industry. 88 Fed. Reg. 83889. Specifically, EPA proposes to remove the affirmative defense provisions of the NESHAPs for both the Oil and Natural Gas Production source category and the Natural Gas Transmission and Storage source category. According to EPA, these provisions “imply legal authority that the D.C. Circuit Court has stated that the EPA does not have.” EPA states that if a source is unable to comply with emissions standards as a result of a malfunction, EPA may use its case-by-case enforcement discretion to provide flexibility, as appropriate. Further, as the D.C. Circuit recognized, the court has the discretion to consider any defense raised and determine whether penalties are appropriate. The same is true for the presiding officer in EPA administrative enforcement actions. Comments are due January 16, 2024.

EPA Releases Final Methane Rule: On December 2, 2023, EPA released a final rule “that will sharply reduce emissions of methane and other harmful air pollution from oil and natural gas operations — including, for the first time, from existing sources nationwide.” According to EPA, the final action includes New Source Performance Standards (NSPS) to reduce methane and smog-forming volatile organic compounds from new, modified, and reconstructed sources. It also includes Emissions Guidelines that set procedures for states to follow as they develop plans to limit methane from existing sources. EPA states that oil and natural gas operations “are the largest industrial source of methane pollution in the U.S.”

EPA Proposes Revisions To NPDWR For Lead And Copper, Will Hold Public Hearing: On December 6, 2023, EPA proposed revisions to the National Primary Drinking Water Regulation (NPDWR) for lead and copper. 88 Fed. Reg. 84878. EPA proposes to require water systems to replace lead service lines, remove the lead trigger level, reduce the lead action level to 0.010 mg/L, and strengthen tap sampling procedures, among other changes intended to improve public health protection and simplify the rule relative to the 2021 Lead and Copper Rule Revisions. The proposed rule provides improvements in the additional following areas: corrosion control treatment, public education and consumer awareness, requirements for small systems, and sampling in schools and childcare facilities. Comments are due February 5, 2024. Comments on the information collection provisions submitted to OMB under the PRA are best assured of consideration by OMB if OMB receives a copy of the comments on or before January 5, 2024. EPA will hold a virtual public hearing on January 16, 2024.

EPA Makes Technical Corrections To Hazardous Waste Generator Improvements Rule, Hazardous Waste Pharmaceuticals Rule, And Definition Of Solid Waste Rule: On December 6, 2023, EPA withdrew specific provisions through correction to its August 9, 2023, direct final rule. 88 Fed. Reg. 84710. EPA states that because it received adverse comment on specific amendments, it is withdrawing only those specific amendments from the direct final rule, Hazardous Waste Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule, and the Definition of Solid Waste Rule; Technical Corrections, published on August 9, 2023. The eight specific amendments that are being withdrawn are:

• Section 261.4(e)(1) introductory text related to sample waste generated or collected for the purpose of conducting treatability studies;

• Section 262.11(d) introductory text related to identifying hazardous characteristics for listed hazardous wastes when the characteristic is already addressed by the listing;

• Section 262.11(g) related to identifying hazardous characteristics for listed hazardous wastes when the characteristic is already addressed by the listing;

• Section 262.16(b)(1) related to the accumulation limit for small quantity generators generating acute hazardous waste;

• Section 262.17(a)(8)(i) introductory text related to large quantity generator (LQG) closure notification when closing a waste accumulation unit but not the whole facility;

• Section 262.17(a)(8)(i)(A) related to LQG closure notification when closing a waste accumulation unit but not the whole facility;

• Section 262.232(b)(6)(iv) related to adding “RCRA-” to the term “designated facility” to match the language of parallel provisions in this section; and

• Section 266.508(a)(2)(ii) related to allowing applicable EPA hazardous waste numbers (also known as waste codes) in addition to the required PHARMS code in item 13 of the hazardous waste manifest for shipments of hazardous waste pharmaceuticals from a healthcare facility subject to 40 C.F.R. Part 266 Subpart P. EPA states that it is also withdrawing language from this provision that allows the use of PHRM in lieu of PHARMS in item 13 of the hazardous waste manifest.

The correction was effective December 7, 2023.

FDA                                                                                                                           

FDA Rolls Out New Tools For FSMA Program: On November 30, 2023, the U.S. Food and Drug Administration (FDA) announced the release of new tools and frequently asked questions (FAQ) for the Food Traceability Rule, which is a component of the Food Safety Modernization Act (FSMA). The update includes the following:

• New web page about traceability lot codes, including examples of how Key Data Elements (KDE) could appear on invoices and bills of lading;

• Video highlighting some technological components of product tracing systems;

• Examples of a traceability plan;

• New FAQs; and

• Information on how to apply for a waiver or exemption, if eligible.

Additional tools are available on FDA’s traceability web page. The compliance date for all persons subject to the Food Traceability Rule is January 20, 2026, but FDA has announced that routine inspections under this rule will not begin until 2027.

FDA Holds Webinar On Food Safety: On December 6, 2023, FDA held a webinar in the Collaborating on Culture in the New Era of Smarter Food Safety series entitled “Storytelling to Shape, Reinforce, and Inspire,” which featured speakers from FDA’s Center for Food Safety and Applied Nutrition and those in the food industry. The webinar focused on the importance of storytelling in building and reinforcing a strong food safety culture. A recording of the webinar is available here.

FDA Holds Grand Rounds Webinar On Safety Assessments: On December 14, 2023, FDA held a webinar titled “FDA Approach to the Safety Assessment of Food Ingredients.” FDA’s Acting Director of the Office of Food Additive Safety (OFAS), Kristi L. Muldoon Jacobs, Ph.D., discussed FDA’s general approach to the safety assessment of Food Ingredients and the regulatory pathways for pre-market safety assessment by FDA. Two case studies, aspartame and brominated vegetable oil (BVO), were presented and regulatory actions were highlighted to showcase FDA’s ongoing post-market review of ingredients on the market.

NANOTECHNOLOGY                                                                                          

NanoHarmony Releases Tool To Guide Stakeholders Through OECD TG/GD Development Process: On November 10, 2023, NanoHarmony announced the release of the NanoHarmony OECD TG/GD Process Mentor, an interactive web-based tool to guide stakeholders through the development process of Organization for Economic Cooperation and Development (OECD) Test Guidelines (TG) and Guidance Documents (GD). More information is available in our November 16, 2023, blog item.

EC Asks SCCS To Assess Safety Of Hydroxyapatite (Nano) In View Of New Information: On November 20, 2023, the European Commission (EC) Scientific Committee on Consumer Safety (SCCS) announced that the EC requested that it carry out a safety assessment on hydroxyapatite (nano) in view of new information provided. The EC’s request for a scientific opinion states that following a regulatory proposal by the EC services to restrict the use of hydroxyapatite (nano) in cosmetics, “industry submitted evidence to demonstrate its safety at higher concentrations in oral products.” More information is available in our November 22, 2023, blog item.

White House OSTP And NNCO Announce Series Of Events In Celebration Of 20th Anniversary Of The Authorization Of The NNI: On December 4, 2023, The White House Office of Science and Technology Policy (OSTP) and the National Nanotechnology Coordination Office (NNCO) announced a series of events to drive U.S. leadership in nanotechnology, in celebration of the 20-year anniversary of the 21st Century Nanotechnology Research and Development Act. During the week of December 4, 2023, NNCO released a series of reports and stories illustrating the National Nanotechnology Initiative’s (NNI) impact. More information is available in our December 6, 2023, blog item.

NIA Holds 2023 Symposium: On December 5, 2023, the Nanotechnology Industries Association (NIA) held its 2023 Symposium. A recording of the webinar will be posted. More information is available in our November 29, 2023, blog item. Bergeson & Campbell, P.C. is a proud member of NIA.

EC Committee Begins Public Consultation On Its Preliminary Opinion For Titanium Dioxide: On December 5, 2023, the EC’s SCCS began a public consultation on its preliminary opinion on titanium dioxide. Comments on the preliminary opinion are due February 6, 2024. More information is available in our December 8, 2023, blog item.

Registration Opens For NNI Webinar On Introduction To Nanometrology: NNCO is organizing a series of NNI webinars on nanometrology, metrological challenges, and recent advances in three topical areas: food, agriculture, and environment; nanoscale medical and pharmaceutical products; and electronics. Registration is open for the first webinar in the series, An Introduction to Nanometrology: History, State-of-the-Art, and Philosophy, which will be held January 5, 2024, at 12:00 p.m. (EST).

BIOBASED/RENEWABLE PRODUCTS/SUSTAINABILITY                                                

B&C^® Biobased And Sustainable Chemicals Blog: For access to a summary of key legislative, regulatory, and business developments in biobased chemicals, biofuels, and industrial biotechnology, go to https://www.lawbc.com/brand/bioblog/.

LEGISLATIVE                                                                                                        

House Bill Would Repeal Superfund Tax On Chemicals: On November 17, 2023, Representative Beth Van Duyne (R-TX) introduced legislation (H.R. 6454) to repeal the Superfund tax imposed through the Infrastructure Investment and Jobs Act. Van Duyne’s November 17, 2023, press release states that the 2021 infrastructure law “doubled the Superfund Tax, targeting chemical manufacturers with approximately $15 billion in taxes on 42 different materials that are essential to produce ordinary household goods.” Senator Ted Cruz (R-TX) introduced a similar bill (S. 1195) in the Senate on April 19, 2023.

No PFAS In Cosmetics Act Reintroduced In The House: On November 30, 2023, the No PFAS in Cosmetics Act (H.R. 3519) was reintroduced in the House by Representatives Debbie Dingell (D-MI), Brian Fitzpatrick (R-PA), and Annie Kuster (D-NH). According to Dingell’s November 30, 2023, press release, the bill would require FDA to ban the use of PFAS in cosmetic products within 270 days of the bill’s enactment.

Bipartisan Renewable Chemicals Act Reintroduced In The House: On November 30, 2023, the bipartisan Renewable Chemicals Act (H.R. 6532) was reintroduced in the House. According to Representative Bill Pascrell, Jr.’s (D-NJ) press release, the bill would create a tax credit for the production of or investment in qualifying renewable chemicals from biomass. The press release states that the legislation “aims to accelerate commercialization of renewable chemicals and biobased products and help build a resilient biobased economy.” Tax credits would be allocated based on an applicant’s job creation, innovation, environmental benefits, commercial viability, and contribution to U.S. energy independence.

MISCELLANEOUS                                                                                               

EPA Begins Public Comment Period On Draft Policy Updating Its Public Involvement Policy: On November 16, 2023, EPA announced the availability of a draft policy that updates EPA’s 2003 Public Involvement Policy. 88 Fed. Reg. 78747. EPA states that the revised draft policy “promotes an EPA-wide approach to meaningful involvement that can be tailored for program and regional needs and outlines practices that EPA staff can use as they design and provide opportunities for meaningful involvement.” Comments are due January 16, 2024.

Biden Administration Releases National Strategy To Enhance GHG Measurement And Monitoring Capabilities: On November 29, 2023, OMB, the White House OSTP, and the White House Office of Domestic Climate Policy announced the release of the National Strategy to Advance an Integrated U.S. Greenhouse Gas Measurement, Monitoring, and Information System, a strategy developed by the Greenhouse Gas (GHG) Monitoring and Measurement Interagency Working Group to enhance coordination and integration of GHG measurement, monitoring, and information efforts across the federal government.

EPA, USDA, And FDA Request Comment On Draft National Strategy For Reducing Food Loss And Waste And Recycling Organics: On December 5, 2023, EPA, the U.S. Department of Agriculture (USDA), and FDA requested comment on the Draft National Strategy for Reducing Food Loss and Waste and Recycling Organics (draft Strategy), developed to help prevent the loss and waste of food, where possible, increase recycling of food and other organic materials to support a more circular economy for all, reduce GHG emissions, save households and businesses money, and build cleaner and healthier communities. 88 Fed. Reg. 84322. Individually and collectively, the agencies are working toward reducing food loss and waste through their federal interagency collaboration. The draft Strategy identifies EPA, USDA, and FDA actions and asks where they can work collaboratively with each other and partners to reduce food loss and waste and recycle organics. EPA, USDA, and FDA will consider the comments received on the draft Strategy, issue it in final, and begin implementation of the final Strategy in 2024. Comments were originally due January 4, 2024, however, on December 13, 2023, EPA extended the comment deadline to February 3, 2024.

SBA Begins Comment Period On White Paper On Revised Size Standards Methodology: The Small Business Administration (SBA) announced on December 11, 2023, that it has revised its white paper explaining how it establishes, reviews, and modifies small business size standards. 88 Fed. Reg. 85852. SBA states that the revised white paper provides a detailed description of SBA’s size standards methodology, including changes from SBA’s 2019 Revised Size Standards Methodology, “which guided SBA’s recently completed second five-year review of size standards as required by the Small Business Jobs Act of 2010.” SBA requests comments and feedback on the 2023 Revised Methodology, which SBA intends to apply to the forthcoming third five-year review of size standards. Comments are due February 9, 2024.

NYS DEC Proposes 1,4-Dioxane Limits For Household Cleansing, Personal Care, And Cosmetic Products: The New York State Department of Environmental Conservation (NYS DEC) announced that it recently filed a Notice of Proposed Rulemaking with the New York State Department of State. The rulemaking will implement the amendments to Article 35 and Article 37 of the Environmental Conservation Law (ECL), adopted in 2019, establishing limits on the amount of 1,4-dioxane that can be present in household cleansing, personal care, and cosmetic products sold in New York. NYS DEC will hold a public comment hearing for the proposed rule on February 6, 2024. Comments are due February 12, 2024.

EPA Releases Second Annual Report On PFAS Progress: On December 14, 2023, EPA released its second annual report on PFAS progress, outlining key accomplishments under the PFAS Strategic Roadmap over the past year across three fronts — to restrict, remediate, and research PFAS. EPA states that key 2023 accomplishments include efforts to:

• Make PFAS use safer: EPA issued final rules for new PFAS reporting, issued a framework for reviewing PFAS to ensure they are used as safely as possible, and proposed to eliminate exemptions for new PFAS and to restrict certain legacy PFAS.

• Hold polluters accountable: EPA has proposed to list perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and “anticipates issuing a final rule in early 2024.”

• Protect America’s drinking water and identify the scale of exposure: EPA proposed the first national drinking water standard for six PFAS in March 2023. EPA expects to issue a final rule in early 2024. Also, to understand better where PFAS exist and how people are being exposed to them, EPA initiated nationwide monitoring for 29 PFAS at more than 10,000 public water systems under the Fifth Unregulated Contaminant Monitoring Rule.

• Deploy infrastructure funding to invest in infrastructure projects to address PFAS in water: EPA is providing $10 billion dedicated to removing PFAS and other emerging contaminants, “more than half of which is going to disadvantaged and underserved communities.” In 2023, EPA distributed nearly $1 billion through the Bipartisan Infrastructure Law (BIL) State Revolving Fund Emerging Contaminants programs and announced the first $2 billion in grant funding to states, Tribes, and territories through the new Small or Disadvantaged Communities Emerging Contaminants grant program.

• Turn off the tap at industrial polluters: EPA states that it has taken several steps to use permitting and regulatory authority of the CWA to reduce PFAS pollution in U.S. waters, including specific regulations to limit PFAS discharges from PFAS manufacturers, metal finishers, and landfills.

• Incorporate equity and environmental justice across EPA’s actions: EPA has worked to ensure that all communities have equitable access to solutions, to advance the goals of President Biden’s Executive Order 14096, Revitalizing Our Nation’s Commitment to Environmental Justice for All, and to integrate recommendations from the National Environmental Justice Advisory Council.

• Advance the science: EPA is investing in research to fill gaps in the understanding of PFAS, to identify which additional PFAS may pose human health and ecological risks at which exposure levels, and to develop methods to test, measure, remove, and destroy them.

• Listen to communities and incorporate environmental justice: EPA held listening sessions with community members impacted by PFAS in each of its ten Regions, as well as a session specifically designed for Tribal partners. Feedback shared during these sessions, in coordination with recommendations from EPA’s National Environmental Justice Advisory Council and Local Government Advisory Committee, is informing Agency-wide response efforts and helping to ensure that communities with environmental justice concerns have equitable access to information and solutions.

Biden Administration Announces New Initiative To Advance The Frontiers Of Benefit-Cost Analysis And Strengthen Government Decision Making: The White House OMB announced on December 14, 2023, the release of the first annual report from the Frontiers of Benefit-Cost Analysis initiative, “a new, whole-of-government effort to improve policymaking by catalyzing collaboration between the Federal government and the research community.” According to OMB, by strengthening the exchange of knowledge between federal analysts and the research community, “we can create better analytical tools, better understand and eliminate gaps in analysis, and, as a result, improve policymaking and returns to the American people.” The report identifies specific areas where further research could significantly benefit government decision making by helping agencies improve analysis of the effects of their actions.

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