In a decisive move to combat the growing threat of PFAS (per- and polyfluoroalkyl substances) contamination, the U.S. Environmental Protection Agency (EPA) has finalized amendments that eliminate safety exemptions for new PFAS and persistent, bioaccumulative, and toxic (PBT) chemicals. For water treatment professionals, this marks a pivotal moment in regulatory oversight that will have far-reaching implications for plant operations, compliance protocols, and public health efforts. This update not only enhances the scrutiny of new PFAS entering the market but also aligns federal regulations with the latest environmental safety standards.
Understanding the Final Amendments
The new rule under the Toxic Substances Control Act (TSCA) ensures that all new PFAS and certain PBT chemicals are subject to full, robust safety reviews before manufacture. Historically, some PFAS could bypass stringent review processes through Low Volume Exemptions (LVE) or Low Release and Exposure Exemptions (LoREX) if their production volumes or exposure potential were deemed low. However, the EPA has now made it clear that the risks posed by these “forever chemicals” require comprehensive assessment, regardless of quantity or exposure level.
This rule is part of the Biden-Harris Administration’s broader commitment to addressing PFAS contamination, as outlined in the EPA’s PFAS Strategic Roadmap. By removing these exemptions, the agency seeks to prevent new PFAS from slipping through regulatory cracks and entering the environment unchecked.
What This Means for Water Treatment Professionals
PFAS contamination has become one of the most pressing challenges in water treatment. These chemicals are used in countless industrial and consumer applications, from non-stick cookware to firefighting foams, and their resilience makes them difficult to break down, leading to persistent contamination in our greatest resource. This new rule carries several key implications for those in the industry:
- Enhanced Regulatory Compliance:
Treatment plants will need to stay vigilant in monitoring water sources for potential new PFAS contaminants. The elimination of LVE and LoREX exemptions means there is less risk of unknown or unvetted PFAS entering the water supply, simplifying compliance with existing and upcoming PFAS regulations.
- Public Health Protection:
By ensuring that all new PFAS are subjected to a full safety review, the EPA is taking a proactive approach to protect communities from the health risks associated with these chemicals. This directly benefits water treatment facilities by reducing the chances of unexpected PFAS contamination that can lead to costly mitigation efforts and public health crises.
- Operational Adjustments:
Water treatment operators may need to review and potentially upgrade treatment technologies to handle PFAS contaminants more effectively. Advanced filtration techniques such as activated carbon adsorption, ion exchange, and reverse osmosis remain critical tools in PFAS removal. Staying informed about the regulatory landscape ensures operators are prepared to adapt their processes as needed.
- Transparency and Accountability:
The new rule emphasizes transparency by aligning the chemical review process with TSCA requirements. Water treatment professionals will have clearer insights into the chemicals entering the market and their associated risks. This improved transparency helps in making informed decisions about treatment strategies and public communication.
Aligning with the 2016 TSCA Amendments
The amendments also ensure that the EPA makes one of five possible safety determinations for 100 percent of new chemical submissions. This change reflects the intent of the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act, which strengthened TSCA to ensure that no new chemicals enter the market without appropriate safety assessments.
For water treatment professionals, this consistency in the review process offers greater confidence that chemicals approved for manufacturing have undergone rigorous safety checks. It reduces the risk of unexpected contaminants appearing in water supplies and places accountability firmly on chemical manufacturers to prove safety upfront.
The EPA’s revocation of safety exemptions for PFAS and PBT chemicals is a significant step in protecting public health and the environment. For water treatment professionals, this change means more robust regulatory oversight, fewer risks of unexpected contamination, and a clearer path toward ensuring safe, clean water for all communities. By staying informed and prepared, the industry can continue to meet these challenges and safeguard the future of water quality.
SOURCES: Smart Water Magazine, EPA
