US EPA Issues Proposed 2026 NPDES MSGP for Industrial Stormwater Discharges

US EPA is seeking public comment on a proposed 2026 National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP) for stormwater discharges from industrial activity. This proposed permit would cover stormwater discharges from industrial facilities in areas where US EPA is the NPDES permitting authority. U.S. EPA will take comments on the proposal during a 60-day comment period, which ends February 11, 2025. See Stormwater Discharges from Industrial Activities-EPA's Proposed 2026 MSGP | US EPA for details.

US EPA Releases Draft Health-Based Criteria for 3 PFAS Chemicals in Water Bodies

On December 19, 2024 the US EPA announced issuance of draft recommended human health criteria for perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), and perfluorobutane sulfonic acid (PFBS) in bodies of water. Human health criteria are not regulatory requirements and do not, on their own, compel any action. Rather they are information for entities, including state and Tribal regulators, to consider when making policy decisions that protect water quality. See EPA Releases Draft Health-Based Recommendations for PFAS Levels in Bodies of Water | US EPA

Federal court rules against EPA in lawsuit over fluoride in water

The US District Court for the Northern District of California has ruled that fluoride in drinking water poses an unreasonable risk to human health, and the U.S. EPA will be required to take action to reduce risk based on this ruling. There is some concern that exposure to fluoride at levels approved by the EPA is linked to a lower IQ in children. Federal courts do not typically determine chemical risk or go against the findings of the EPA, but in this case the court did. https://www.cbsnews.com/news/epa-fluoride-drinking-water-federal-court-ruling/

EPA Issues Revised Requirements for Consumer Confidence Reports

On May 15, 2024, the U.S. EPA announced the final Consumer Confidence Report (CCR) Rule revisions to make annual drinking water quality reports more understandable and accessible to the public. These reports are a tool drinking water systems use to inform customers about water quality and any contaminants that have been found in the water. Starting in 2027, the final Rule will require the CCRs to be easier to read and support access to translations in appropriate languages while enhancing information about lead in drinking water. U.S. EPA is also taking steps to streamline the delivery of reports by encouraging electronic methods. For more information see Consumer Confidence Report Rule Revisions | US EPA

U.S. EPA Designation of PFOA and PFOS as hazardous substances under CERCLA

On April 17, 2024, EPA designated two per- and polyfluoroalkyl substances —perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), including their salts and structural isomers, as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). As a result of designation, CERCLA and EPCRA reporting requirements apply to releases of PFOA or PFOS or their salts and structural isomers. For additional information see https://www.epa.gov/epcra/designation-pfoa-and-pfos-hazardous-substances-under-cercla-release-reporting-requirements.

U.S. EPA Issues Final Drinking Water Standards for 6 PFAS Chemicals

On April 10, 2024, U.S. EPA finalized a new National Primary Drinking Water Regulation (NPDWR) establishing legally enforceable levels, Maximum Contaminant Levels (MCLs), for six PFAS in drinking water. PFOA, PFOS, PFHxS, PFNA, and HFPO-DA (Gen-X) as contaminants with individual MCLs, and PFAS mixtures containing at least two or more of PFHxS, PFNA, HFPO-DA, and PFBS using a Hazard Index MCL to account for the combined and co-occurring levels of these PFAS in drinking water. EPA also finalized health-based, non-enforceable Maximum Contaminant Level Goals (MCLGs) for these PFAS.

For additional information see: https://www.epa.gov/sdwa/and-polyfluoroalkyl-substances-pfas

EPA Finalizes New PM2.5 Rule

On February 7, 2024, the EPA finalized new annual NAAQS (National Ambient Air Quality Standards) that will reduce fine particulate matter (PM_2.5), sometimes known as “soot”, from 12 mcg/m³ to 9 mcg/m³. This marks the first time in a decade that the PM_2.5 rule has been revised and follows a June 2021 announcement by the EPA that the 2012 standards of 12 mcg/m³ appeared to be inadequate to protect public health and welfare.

If you have questions about how this new PM_2.5 standard may affect your facility, contact Woodruff and Howe Environmental Engineering (WHEE) here. WHEE has assisted clients from multiple industries across the U.S. with their air permitting and air pollution control solutions and would be happy to assist you as well.

PFAS Strategic Roadmap: EPA's Commitments to Action 2021-2024

On Oct. 18, EPA Administrator Michael S. Regan announced the agency’s PFAS Strategic Roadmap—laying out a whole-of-agency approach to addressing Per- and Polyfluoroalkyl Substances (PFAS). The roadmap sets timelines by which EPA plans to take specific actions and commits to bolder new policies to safeguard public health, protect the environment, and hold polluters accountable. The actions described in the PFAS Roadmap each represent important and meaningful steps to safeguard communities from PFAS contamination. Cumulatively, these actions will build upon one another and lead to more enduring and protective solutions.

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FDA Releases Update on PFAS Testing in Food Supply

The U.S. Food and Drug Administration has provided an update on its ongoing sampling and testing efforts designed to better understand the occurrence of per- and polyfluoroalkyl substances (PFAS) in the food supply. The foods tested in the FDA’s recent analysis were collected from the Total Diet Study (TDS), which monitors levels of nutrients and contaminants in foods consumed in the U.S. The foods tested in the FDA’s recent analysis represent a range of foods that are in the general food supply and are chosen to be representative of the major components of the average U.S. diet, based on national food consumption survey data. Read more about their findings in the article linked below:

FDA Provides Update on Ongoing Efforts to Better Understand the Occurrence of PFAS in the Food Supply | FDA

National Defense Authorization Act for Fiscal Year 2020 Includes Environmental Protection Requirement for PFAS Chemicals

New environmental monitoring, protection, reporting and remediation requirements for PFAS chemicals (Per- and Polyfluoroalkyl substances) are included in the recently enacted National Defense Authorization Act for Fiscal Year 2020, which was signed into law by President Trump on December 20, 2019. These new requirements include reporting of PFAS substances under SARA Title III Toxic Release Inventory (TRI) starting in calendar year 2020. The reporting threshold for the PFAS chemical class of substances is 100 pounds within a year. The National Defense Authorization Act for Fiscal Year 2020 can be accessed at https://www.govtrack.us/congress/bills/116/s1790/text