Welcome to the second installment of The ELAM Group’s series exploring the USEPA’s PFAS Strategic Roadmap, a comprehensive initiative addressing the challenges posed by Per- and Polyfluoroalkyl Substances (PFAS), commonly known as “forever chemicals”. The roadmap focuses on three key objectives: Research, Restrict, and Remediate. Its goal is to deepen understanding of PFAS, limit their use and exposure, and address contamination in affected areas.
Our previous white papers provided foundational insights into the roadmap’s goals and initial impacts. Building on that foundation, this series will explore the roadmap’s influence on other regulatory frameworks, including the Toxic Substances Control Act (TSCA), Safe Drinking Water Act (SDWA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and more.
In this specific installment, we examine the latest PFAS regulatory updates to the Clean Air Act (CAA) over the past year and discuss the broader implications for compliance, public health, and environmental protection.
The Clean Air Act (CAA) Begins Targeting PFAS Emissions
Enacted in 1955, the CAA addresses air quality concerns, requiring EPA to set health-based standards for air pollutant sources, mandating controls for 188 Hazardous Air Pollutants (HAPs), and preventing the deterioration of air quality.
The CAA has driven significant progress in air quality, contributing to an approximate 50% decline in air pollutant emissions since 1990. This improvement is largely due to the increased regulation of HAPs—toxic substances known to cause cancer and harm health—including benzene (found in gasoline), methylene chloride (used as a solvent and paint stripper), and perchloroethylene (often emitted by dry cleaning facilities).
In recent years, research has highlighted the widespread presence of Per- and Polyfluoroalkyl Substances (PFAS), synthetic “forever chemicals” commonly found in items like non-stick cookware, waterproof fabrics, and firefighting foam, in U.S. surface water, groundwater, and soil. The detection of these compounds in public and private drinking water sources has been linked to various health concerns, spurring regulatory efforts to restrict their production and use.
Historically, PFAS regulation has focused on water and soil contamination. However, growing awareness of PFAS emissions from industrial processes has prompted the agency to address these chemicals as air pollutants under the CAA. Expanding PFAS regulation to include CAA addresses a broader range of environmental and public health risks associated with PFAS.
PFAS Regulatory Update for the CAA
In its 2021 PFAS Strategic Roadmap, EPA’s Office of Air and Radiation initiated efforts to address PFAS air emissions. Adding PFAS to the list of HAPs would enable EPA to set strict emission limits on facilities releasing these substances.
Although PFAS has not yet been added to the HAPs list, recent legislative efforts aim to advance its regulation. The bipartisan Prevent Release of Toxic Emissions, Contamination and Transfer (PROTECT) Act, introduced in Congress but not yet passed, would mandate EPA to issue a final rule adding PFAS compounds to the list of hazardous air pollutants under the CAA, thereby tightening controls on their emissions. Additionally, in August 2024, the environmental agencies of North Carolina, New Mexico, and New Jersey petitioned EPA to add four specific PFAS chemicals to the current HAPs list.
To further address concerns of airborne contaminants, EPA announced a proposed rule on July 25, 2023, to update the Air Emissions Reporting Requirements (AERR). This update would mandate HAP emissions data collection starting in 2027, potentially including PFAS as a required pollutant for reporting.
This proposed rule includes establishing a new PFAS reporting threshold aligned with Toxics Release Inventory (TRI) guidelines, set at 0.05 tons per year for cumulative PFAS emissions. Facilities meeting or exceeding this threshold would be required to report their PFAS emissions, using estimates if direct measurements are unavailable. If finalized, voluntary reporting could begin in 2025, with mandatory reporting starting in 2026. However, monitoring and measuring PFAS in air emissions presents significant challenges. Recognizing this, EPA sought public comments on the “PFAS Option” to refine its approach. As of November 2024, the EPA has not provided further updates following the close of the comment period in October 2023.
Until EPA provides further updates to its ruling, enhancing the measurement and monitoring of PFAS emissions remains essential to advance regulatory efforts. Accurate detection and quantification of PFAS across various environmental media enable the development of effective control strategies and inform policy decisions.
To support this objective, EPA has allocated significant funding through its Science to Achieve Results Program (STAR) program. In January 2024, EPA awarded over $4 million to seven universities to research improved methods for measuring and monitoring air toxins, including PFAS. These grants aim to develop advanced analytical techniques and monitoring technologies that can detect PFAS at lower concentrations and in diverse environmental contexts.
Looking Ahead
EPA’s focus on PFAS under the CAA is expected to intensify in the coming years. With the expansion of PFAS monitoring networks country-wide, EPA will gain valuable data on the prevalence of airborne PFAS, potentially leading to stricter enforcement actions and new regulations aimed at reducing emissions from emerging sources, such as incinerators and waste-to-energy facilities.
Integrating air quality management into the PFAS regulatory framework reflects EPA’s commitment to a comprehensive approach for addressing the environmental and health concerns posed by PFAS. As research advances, regulatory efforts under the CAA are anticipated to evolve, with air quality considerations remaining a key component of the ongoing response to PFAS contamination.
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.
