Welcome to the first in a new series exploring EPA’s PFAS Strategic Roadmap, a comprehensive approach to address the challenges posed by the “forever chemicals” also known as Per- and Polyfluoroalkyl Substances (“PFAS”) . This roadmap focuses on three key objectives: Research, Restrict and Remediate. It aims to deepen the comprehensive understanding of PFAS, limit their use and exposure and tackle contamination in affected areas.
In our previous white papers, we provided foundational insights into the roadmap’s goals and initial impacts. Building on that groundwork, this series will explore how the roadmap is influencing key statutes and regulatory frameworks, such as Toxic Substances Control Act (“TSCA”), Clean Water Act (“CWA”), Safe Drinking Water Act (“SDWA”), Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and more.
We’ll examine how industries and regulatory bodies are adapting to these changes, and the broader implications for compliance, public health and environmental protection.
EPA’s PFAS Strategic Roadmap, first introduced in October 2021, outlines a comprehensive strategy to tackle the environmental and public health risks posed by PFAS. These synthetic chemicals, commonly found in everyday items like non-stick cookware, waterproof fabrics and firefighting foams, are notoriously persistent in the environment, earning them the moniker forever chemicals. PFAS exposure has been linked to various health issues, including cancer, hormone disruption and immune system harm.
The PFAS Roadmap is structured around three core actions: Research, Restrict and Remediate. It heavily relies on existing regulatory frameworks to implement its strategy across these three pillars. These frameworks provide the legal and procedural basis for action and accountability. Key regulatory frameworks include TSCA , the SDWA , the CWA , and CERCLA.
Research
EPA is prioritizing scientific research to understand the full extent of PFAS impacts, both on human health and the environment. This includes expanding data collection on how PFAS accumulates in ecosystems and water supplies, as well as investigating its long-term effects on various populations. In 2023, EPA began developing more sophisticated testing protocols for a broader range of PFAS compounds. This data helps guide regulatory actions and provides critical insights for stakeholders, including state governments, local communities and industries.
Restrict
The restrict phase of the roadmap focuses on limiting the use of PFAS in manufacturing, products and industrial processes. One of the most significant actions under this pillar is the revision of TSCA regulations, which requires more rigorous reporting of PFAS usage. EPA is working to implement strict guidelines for industries known to discharge PFAS into water systems, including textile manufacturing, metal plating and landfills. The agency has also proposed to set enforceable drinking water limits for specific PFAS, with the intention of finalizing these regulations by the end of 2024.
Remediate
EPA’s remediation efforts target cleaning up existing PFAS contamination in both water sources and the environment. This includes updating federal guidelines on cleaning contaminated sites and providing funding for states to support remediation projects. Under the Bipartisan Infrastructure Law, EPA allocated $1 billion to help communities tackle PFAS in drinking water, particularly those most affected by contamination. The EPA also continues to enforce CERCLA, commonly known as Superfund, to hold polluters accountable. Moreover, EPA has proposed new rules in February 2024 to add nine PFAS to the list of Resource Conservation and Recovery Act (“RCRA”) hazardous constituents—broadening the definition at waste facilities.
Why the PFAS Roadmap Matters
In April 2024, EPA finalized a critical rule to designate PFOA and PFOS—two well-known PFAS compounds—as hazardous substances under CERCLA. This designation has significant implications for ongoing cleanup efforts and liability considerations
Additionally, the Biden-Harris Administration issued the first ever national drinking water standard under the SDWA, establishing legally enforceable thresholds for six PFAS in drinking water. These regulations include a Hazard Index to account for the cumulative effects of co-occurring PFAS compounds.
Furthermore, EPA finalized a new reporting requirement under Section 8 of TSCA, mandating that manufacturers and importers report all PFAS use, production and import since 2011. Reports are due by May 8, 2025.
In the months ahead, we will take a closer look at how the PFAS Roadmap is shaping the actions of regulatory bodies and industries alike, delving into its far-reaching impacts on compliance, public health and environmental protection.
If your organization has used PFAS, faces PFAS liability, or operates on property where PFAS may be present, it’s crucial to assess your compliance and potential risks. Contact The ELAM Group to learn more.
