PFAS Legislation in 2021 and Impact In 2022 – Environment

What are PFAS?

Per-and–Poly Fluoroalkylsubstances are a broad group of
Highly stable chemicals that are man-made. PFAS can be used to make grease.
Water repelling (lipophobic), as well as repelling (hydrophobic), properties
Because of their unique chemical structure. By being both hydrophobic
PFAS coatings are both lipophobic and excellent for creating new coatings
Consumer products can have non-stick surfaces.
industrial components. This is a unique and highly-utilitative property.
Products often contain PFAS. These properties are however not a problem.
PFAS are resistant against environmental degradation PFAS can also escape most
Water treatment filters in use today. PFAS chemicals have been eliminated from water treatment filters.
have been building up for decades, and chronic exposure is now associated with
Numerous negative health effects can result, including certain types
cancer. The increasing awareness of PFAS toxic properties has led to an increase in cancer prevention.
Both the Federal and State Governments began implementing different strategies.
PFAS pollution can be controlled.

PFAS Action Act of 2021

The House of Representatives was established in April 2021.
Bipartisan support for the PFAS Action Act 2021.
Comprehensive piece of PFAS legislation. The legislation
Broad regulatory action is needed for PFAS under all majors
Environmental statutes include:

• The EPA must set drinking water standards to two PFAS.
  Compounds – PFOA & PFOS – within 2 years

• Under the heading “hazardous substances”, PFOA should be designated
  CERCLA within one-year;

• Request the EPA determine if all PFAS should have been classified
  CERCLA defines “hazardous substances”, within five years.
  years;

• Require the EPA’s publication of drinking water standards under the
  Safe Drinking Water Act: Minimum PFOA and PFOA.
  This includes standards for other PFAS chemicals.

• Require the EPA’s designation of PFOA/PFOS as “hazardous”.
  air pollutants” under Clean Air Act within six month;

• Water Pollution Control – Create effluent regulations
  Act.

The Environmental Protection Act is currently pending in the Senate.
Protection Agency (EPA), already took steps to implement many
a list of the bill’s mandates. The EPA has already begun rule making
Procedures to designate certain common PFAS chemicals as hazardous
Waste under RCRA or CERCLA Several states, such as
California has also started regulatory efforts along with federal
efforts.

Outlook for 2022

A new year could bring Congress closer to the passing
Comprehensive environmental regulation regarding PFAS. The fate of the
The PFAS Action Act of 2021, which is currently in the upper chamber, is not clear.
chamber of congress. However, the EPA is likely to take significant
PFAS action is possible regardless of a comprehensive law. The EPA is
Expected to allow public comments regarding its rule development
CERCLA has designated PFOA/PFOS as hazardous substances.
2022, with a final rule possibly taking effect at the close of the
year. The public comments are required to help develop the RCRA rules.
A period is expected at year’s end and a final ruling
Potentially, it will be in effect by 2023. New water rules
It is also expected that a number PFAS compounds will meet high quality standards.
These new rules will raise complex liability issues.
Potentially a lawsuit over environmental remediation
responsible parties.

The purpose of this article is to provide a general overview.
guide to the subject matter It is a good idea to seek specialist advice
Discuss your particular circumstances.