Federal PFAS Report Card

Publish a national testing strategy

To address data gaps, the EPA developed a testing strategy, released in October 2021, to identify candidate chemicals and evaluate the toxicity and risks associated with this large class of chemicals. Using its authority from the Toxic Substances Control Act, Section 4, the EPA will require companies to perform testing and will use this data to further inform the agency’s future research, monitoring and regulatory efforts.

Issue Toxic Substances Control Act test rule orders

The Toxic Substances Control Act, or TSCA, allows the EPA to require chemical manufacturers, importers and processors to develop information on chemicals and submit it to the EPA when there isn’t enough information on the chemical, when tests are necessary to get that information, when the chemical substance may present unreasonable risk, or it is produced in substantial quantities and may cause substantial or significant exposures to the environment or humans.

The EPA is using its National PFAS Testing Strategy to identify gaps in existing data and select one or more candidate chemicals for further study. The first test order was issued on June 6, 2022 for 6:2 fluorotelomer sulfonamide betaine (CASRN 34455-29-3). A second test order, for HFPO, a PFAS used in making plastics, was issued on January 4, 2023. The EPA on August 15, 2023 issued its third order, requiring Chemours Company, E.I. du Pont de Nemours and Company, and 3M Company, to conduct testing of physical-chemical properties and health effects for the PFAS chemical HFPO-DAF. The EPA is in the process of identifying an initial group of five to 10 PFAS chemicals that are amenable to a simplified test order that will focus on physical/chemical properties, toxicokinetic and hazard tests.

In the PFAS National Testing Strategy, the EPA assigned 6,504 PFAS into smaller categories based on similarities in structure, physical-chemical properties, and existing toxicity data. Of these categories, the EPA identified 24 that lack toxicity data to inform the EPA’s understanding of the potential human health effects and contain PFAS.

Close loophole in TRI reporting and enhance PFAS reporting under the TRI

The 2020 National Defense Authorization Act mandated that industrial dischargers report their annual releases of 180 PFAS to the EPA’s Toxics Release Inventory, or TRI, which tracks annual industrial releases of chemicals. The EPA in its PFAS Roadmap committed to changing the current regulation that allows dischargers to use a “de minimis” exemption for PFAS and avoid reporting discharges.

The EPA on December 5, 2022 proposed a rule to remove the de minimis exemption for PFAS TRI reporting, and the EPA finalized the rule in October 2023. The EPA also announced the addition of five PFAS to the TRI in July 2022, and the addition of nine PFAS to the TRI in January 2023, as required by the 2020 National Defense Authorization Act.

Establish voluntary program to reduce releases

The EPA plans to establish by spring 2022 a voluntary stewardship program challenging facilities to reduce overall releases of PFAS into the environment. Because regulatory efforts do not extend to all PFAS currently in use, the program will turn to manufacturers to go beyond current requirements by reporting all PFAS releases. The goal is to establish a baseline and measure progress in reducing releases. The EPA has yet to publish their voluntary stewardship program.

Propose to lose the door on abandoned PFAS uses

Some PFAS are no longer in use, or no longer used in certain applications, but without a Toxic Substances Control Act restriction, manufacturers are free to begin using those abandoned PFAS chemicals or resume abandoned uses at any time without notice. To prevent this, the EPA can designate uses of a chemical that are not currently ongoing as “significant new uses.” This ensures an entity must first submit a notice and certain information to the EPA, which is required to determine the potential health and environmental risks and to require safety measures to address unreasonable risks before the company can resume use of that chemical or use. The EPA’s Roadmap stated a proposal to designate abandoned uses as “significant new uses” would be completed in summer 2022. The EPA proposed on January 26, 2023 a significant new use rule to prevent new or resumed uses of more than 300 PFAS designated as inactive on the TSCA Chemical Substances Inventory without prior EPA review

Close the door on abandoned PFAS uses final rule

Some PFAS are no longer in use, or no longer used in certain applications, but without a Toxic Substances Control Act restriction, manufacturers are free to begin using those abandoned PFAS chemicals or resume abandoned uses at any time without notice. To prevent this, the EPA can designate uses of a chemical that are not currently ongoing as “significant new uses.” This ensures an entity must first submit a notice and certain information to the EPA, which is required to determine the potential health and environmental risks and to require safety measures to address unreasonable risks before the company can resume use of that chemical or use. The EPA’s Roadmap stated action to designate abandoned uses as “significant new uses” was planned for summer 2022. The proposal was published January 26, 2023. A final rule was is scheduled for June 2023 in the Roadmap, but is now expected to be published by the end of 2023.

New reporting on source and quantities

The Toxic Substances Control Act, Section 8(a)(7), gives the EPA authority to collect information on PFAS. In June 2021, the EPA published a proposed data-gathering rule that would collect information on uses, production volumes, disposal, exposures and hazards on any PFAS manufactured since 2011. The information through this rule will enable the EPA to better understand the sources and quantities of manufactured PFAS and assist it in future research, monitoring and regulatory efforts. The EPA published a notice of availability on an economic analysis and regulatory flexibility analysis supporting the rule on November 25, 2022. The EPA finalized the data-gathering rule in October 2023.

Recommend PFAS-free products for federal purchase

An executive order released by President Biden in December 2021 directs federal agencies to prioritize the purchase of EPA-recommended PFAS-free products. As an initial action to carry out this directive, the EPA released its new Framework for the Assessment of Environmental Performance Standards and Ecolabels for Federal Purchasing under its Environmentally Preferable Purchasing program and a webpage highlighting ecolabel criteria that address PFAS. The program helps federal agencies purchasers to identify and procure environmentally preferable products and services.

Robust review PFAS before they enter the marketplace

The EPA’s Toxic Substances Control Act’s New Chemicals program plays an important gatekeeper role in ensuring the safety of new chemicals, including new PFAS, before they enter the marketplace. TSCA amendments from 2016 require the EPA to review and determine potential safety risks for new chemical submission through the program. The EPA will study new PFAS to ensure they are safe before they enter the marketplace. The EPA has also stopped allowing PFAS to be approved through a loophole for chemicals produced in low volumes. In June 2023, the EPA published a framework for TSCA New Chemicals Review of PFAS Premanufacture Notices (PMNs) and Significant New Use Notices (SNUNs).

Review existing PFAS uses

The EPA is looking at PFAS it has reviewed through the Toxic Substances Control Act’s New Chemicals program, including those it studied before the 2016 TSCA amendments to address restrictions that are insufficiently protective. As part of this effort, the Agency could impose additional notice requirements to ensure it can review PFAS before they are used in new ways that might present concerns. In addition, the EPA plans to issue (on an “ongoing” basis) TSCA Section 5(e) orders putting conditions on the use existing PFAS for which significant new use notices (e.g., a new manufacturing process for an existing PFAS, or a new use or user) have recently been filed with the EPA. The EPA proposed on December 2, 2022, significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that were the subject of premanufacture notices (PMNs) and are also subject to Orders issued by EPA pursuant to TSCA. The SNURs would require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is proposed as a significant new use by this rule to notify the EPA at least 90 days before commencing that activity. In addition, EPA has been working with companies since July 2021 to voluntarily withdraw PFAS from among more than 600 previously granted “low volume exemptions” (LVE) for manufacturing or importing PFAS. Over 50 LVEs have been withdrawn as of August 2023.

Proposal to designate PFOA/PFOS as "hazardous substances"

Designating PFOA and PFOS as “hazardous” would require facilities to report on PFOA and PFOS releases that meet or exceed the reportable quantity assigned to these substances and would enable the EPA and other agencies to recover the costs of cleaning up PFOA and PFOS. The EPA PFAS Roadmap deadline for the proposal was Spring 2022. The EPA issued the proposal on August 26, 2022. EWG issued a statement of support.

Final rule to designate PFOA/PFOS as "hazardous substances"

Designating PFOA and PFOS as “hazardous” would require facilities to report on PFOA and PFOS releases that meet or exceed the reportable quantity assigned to these substances and would enable the EPA and other agencies to recover the costs of cleaning up PFOA and PFOS. The EPA published a proposal in August 2022. The final rule is planned in the Roadmap for summer 2023, but the agency has since pushed the deadline to February 2024

Solicit input on designating other PFAS "hazardous substances"

The EPA originally planned to request public input by Spring 2022 about the potential hazardous substance designation for precursors to PFAS, new PFAS, and groups or subgroups of PFAS. Designating additional chemicals as “hazardous” would require facilities across the country to report releases that meet or exceed the reportable quantity assigned to these substances. It would enable the EPA and other agencies to recover the costs of cleaning up these chemicals. The EPA changed its scheduled release date to fall 2022 in the unified federal regulatory agenda. In April 2023, the EPA issued an Advance Notice of Proposed Rulemaking asking the public for input on the designation.

Update guidance on destroying and disposing of PFAS

The 2020 National Defense Authorization Act requires the EPA to publish interim guidance on destroying and disposing of PFAS and specific non-consumer PFAS-containing materials, and to update it at least every three years, as appropriate.

In December 2020, the EPA published the first interim guidance for public comment, which identifies three commercially available technologies for either destroying or disposing of PFAS, information gaps about their ability to destroy or dispose of PFAS, and research underway to address the lack of information. September 2023, the EPA transmitted updated guidance for destroying and disposal of PFAS for interagency review. The statutory deadline is late December 2023.

Regional screening levels to assess site contamination

Regional screening levels, or RSLs, are a "screening" tool the EPA launched to help identify areas, contaminants and conditions at a particular site that require more federal attention. They are risk-based concentrations derived from standardized equations that combine assumptions about exposure and EPA toxicity data. The EPA announced new RSLs and removal management levels for five PFAS chemicals on May 18, 2022. The RSL tool website can be accessed here.

Propose designating PFAS as Resource Conservation and Recovery Act "hazardous constituents"

Listing chemicals as hazardous constituents will make them subject to corrective action under the Resource Conservation and Recovery Act Corrective Action Program. The addition of PFAS chemicals to the list of hazardous constituents would also help advance any longer-term process to make a hazardous waste listing in the future. In a response to a petition from the state of New Mexico on October 26, 2021, the EPA committed to begin the process of adding PFOA, PFOS, PFBS and GenX as RCRA hazardous constituents under 40 CFR Part 261 Appendix VIII. The EPA anticipates publishing this proposal in the Federal Register by Summer 2023.

Proposal to clarify Resource Conservation and Recovery Act corrective action applicability

The EPA plans to propose clarifying that the RCRA Corrective Action Program has authority to require investigation and cleanup for wastes that meet the legal definition of hazardous waste. This regulation would clarify that emerging contaminants like PFAS can be addressed through RCRA corrective action. The EPA committed to this action in response to a petition from the state of New Mexico on October 26, 2021. The EPA anticipates publishing this proposal in the Federal Register by summer 2023.

Publish toxicity assessment for GenX

A toxicity assessment is a written summary of the potential health effects associated with a chemical and identifies the dose levels at which those health effects may occur in order to calculate toxicity values. The EPA’s toxicity assessment of hexafluoropropylene oxide dimer acid and its Ammonium Salt, two PFAS chemicals known “GenX,” provides detailed information about the toxicity of the chemicals and is a key step in setting a national drinking water health advisory for the chemicals. The assessment, released October 2021, concluded that exposure to GenX can harm the hepatic, hematological, renal, reproductive and immune systems, and has been linked to liver and pancreatic cancer.

Draft Total Adsorbable Fluorine Method

The EPA recognizes the need for “total PFAS” methods and has increased efforts to measure the amount of PFAS in the environment. Accordingly, the EPA Office of Water published a draft single-validated method to screen for organofluorines (molecules with a carbon-fluorine bond) in wastewater. The most common sources of organofluorines are PFAS and non-PFAS fluorinated compounds, such as pesticides and pharmaceuticals. In April 2022, EPA released Draft Method 1621, which broadly screens for thousands of known PFAS compounds at the part per billion level in water samples and can detect whether organofluorines are present, but does not identify the specific chemicals that are present.

Methods for measuring PFAS in air emissions

The EPA has developed several methods to measure PFAS in air emissions. Method (OTM)-45 measures PFAS air emissions from stationary sources. The method can be used to test for 50 PFAS compounds and to help identify other PFAS that may be present in the air sample. The EPA is evaluating SW-846 Test Method 0010/8270 to measure for semi/non-volatiles non-polar PFAS. The EPA is developing a Modified Method TO-15 method to measure volatile PFAS in stationary source air emissions. The EPA published OTM 45 in January 2021 and had planned to publish a draft method for measuring volatile PFAS in air emissions in fall 2022 (now planned for fall 2023).

Draft method for evaluating PFAS leaching from solid materials

Because studies have shown that solid materials can store leaching PFAS for decades, the EPA is working on drafting a standardized method to evaluate the leaching potential of PFAS from solid materials and had planned to draft methods for solid materials by fall 2022. EPA scientists are working to adapt the Leaching Environmental Assessment Framework (LEAF) for PFAS. Method development work is complete or nearly complete for 3 of 4 methods.

Draft toxicity assessment PFHxA, PFHxS, PFNA, and PFDA

A toxicity assessment is a written summary of the potential health effects associated with a chemical and identifies the dose levels at which those health effects may occur in order to calculate toxicity values. In addition to the toxicity assessment for GenX, the Office of Research and Development is also currently developing toxicity assessments for several other PFAS – PFHxA, PFHxS, PFNA and PFDA - originally expected to be released sometime in mid-2022. In June 2022, the EPA released new dates for the draft toxicity asssessments of PFAS. A draft toxicity assessment for PFHxA was released in February 2022. In April 2023, the IRIS Program released a peer-reviewed final report for PFHxA and released the draft review of PFDA for public comment. The draft toxicity assessment for PFNA is expected to be released for public comment by fall 2023.

Final toxicity assessment PFBA and PFHxA

A toxicity assessment is a written summary of the potential health effects associated with a chemical and identifies the dose levels at which those health effects may occur in order to calculate toxicity values. In addition to the toxicity assessment for GenX, as well as several other PFAS, the Office of Research and Development is also developing a final toxicity assessment for PFBA. The final toxicity assessment for PFHxA and PFBA was expected in fall 2022. The EPA subsequently issued a final assessment for PFBA on December 22, 2022. In April 2023, the EPA issued a final assessment for PFHxA.

Identify initial PFAS categories of removal technologies

To evaluate and develop technologies for removing PFAS from the environment, the EPA will identify initial PFAS categories of removal technologies by summer 2022. Researchers from the EPA recently published a paper that served as a pilot for developing PFAS categories based on removal technologies. The paper describes an approach for predicting the efficacy of GAC treatment for approximately 400 PFAS, most of which have no published treatment data.

Develop effective treatment technologies for drinking water

To evaluate and develop technologies for PFAS removal from the environment, the EPA planned to develop effective PFAS treatment technologies for drinking water systems by fall 2022. The work has resulted in 9 published articles. The EPA is continuing research on effective treatment technologies for drinking water under the Safe and Sustainable Water Resources Strategic Research Action Plan.

Educate the public about the risks of PFAS

The EPA will make available key explainers that help the public understand what PFAS are, how they are used, and how PFAS can affect their health and their lives. These explainers and other educational materials will be published in multiple languages, and the agency will work to ensure the information reaches targeted communities, including those with limited access to technology and resources. The EPA maintains a “PFAS Explained” website to inform the public about PFAS.

Inform farmers of potential PFAS contamination

The 2021 National Defense Authorization Act requires the DOD to send letters to farmers and agricultural operators within a mile downstream of potentially tainted bases. The requirement applies to contaminated bases where PFAS have been detected in groundwater, have been linked to a local agricultural or drinking water source, including a water well, and is suspected or known to be the result of the use of PFAS at the installation. The Pentagon provided notification of the presence of PFAS to 2,143 agricultural operators in March 2021. DOD is continuing to notify agricultural operators.

Report to Congress: Inform farmers of potential PFAS contamination

The 2021 NDAA requires the DOD to report to Congress the location of farmers and agricultural operators within a mile downstream of potentially tainted bases, where PFAS has been detected in groundwater, has been linked to a local agricultural or drinking water source, including a water well, and is suspected or known to be the result of the use of PFAS at a DOD installation. The report was released in July 2021. The DOD is continuing to notify agricultural operators.

Moratorium on PFAS incineration

The 2022 NDAA placed a temporary ban on the incineration of PFAS-containing aqueous film-forming foam, material contaminated by its release, and other PFAS-contaminated material. On April 26, 2022, the department released a memorandum, putting a pause on use of the foam.

A recent report from the DOD “identified hazardous waste incinerators as an available destruction option” for PFAS, but prioritizes other disposal methods.

Report to Congress: The moratorium on PFAS incineration

The 2022 NDAA placed a temporary ban on the incineration of PFAS-containing aqueous film-forming foam, or AFFF, material contaminated by AFFF release and other PFAS-contaminated material.

The NDAA requires the DOD to submit to Congress a report every year on the quantity of materials incinerated, the temperature range specified in the permit where the covered materials were incinerated, the locations and facilities where the covered materials were incinerated, details about actions taken to implement proper disposal of materials containing PFAS or AFFF foam (per Sec. 220 of NDAA FY 2020), and recommendations for the safe storage of PFAS and PFAS-containing materials prior to destruction and disposal. The report for FY 2022 was completed in February 2023 and can be found here. This item is liable to become pending or overdue again since it needs to be submitted annually.

Disclose water test results
The 2022 NDAA requires the military to publicly disclose results from tests for PFAS in water for an area covered by the law within 20 days of getting them. The DOD released the first set of results in May 2022. As of summer 2023, the department is providing alternative water or filtration for private or public systems outside of 53 military installations. On July 12, 2023, the DOD released a memo updating requirements for PFAS sampling frequency and analysis of drinking water to prepare for future regulatory requirements.

Congressional briefing on PFAS in groundwater

The Senate Armed Services Committee report accompanying the FY 2023 NDAA directs DOD to report to Congress no later than December 1, 2022, on the status of remedial investigations related to the release of PFAS near groundwater aquifers that serve as a source of drinking water at or near military installations, including communities within an EPA-designated sole source aquifer. The DOD submitted the report to Congress in September 2023.

Prohibit use of PFAS in food packaging for military meals

The 2020 NDAA prohibits the use of PFAS in food packaging for military meals after October 1, 2021.

Issue guidance on AFFF prevention and mitigation

The 2022 NDAA requires the Pentagon to issue guidance on the prevention and mitigation of aqueous film-forming foam, or AFFF, spills based on the results of the department’s review of best practices and recommended requirements to ensure the following: the supervision by personnel trained in responding to spills of AFFF of each material transfer or maintenance activity of the department that may result in such a spill, the use of containment berms and the covering of storm drains and catch basins by personnel performing maintenance activities for the department in the vicinity of such drains or basins, and the storage of materials for the cleanup and containment of AFFF in close proximity to fire suppression systems in buildings of the department. The DOD is implementing internal policy to treat any release of AFFF as a spill and follows existing spill response plans and procedures to contain and recover AFFF as much as possible. The DOD expects to issue the final guidance in spring 2024.

Issue guidance for state and local firefighting agreements

Section 346 of the FY 2022 NDAA requires the DOD to review existing Mutual Aid Agreements (with non-DOD entities) and identify preventive maintenance guidelines to avoid and mitigate spills and protect personnel. Based on that review, the department shall issue guidance on requirements to include in the agreements. Such guidance shall include, at a minimum, best practices and recommended requirements to ensure the following: 1) the supervision by personnel trained to respond to spills of AFFF of each material transfer or maintenance activity carried out as a result of such an agreement that may result in such a spill; 2) the use of containment berms and the covering of storm drains and catch basins by anyone performing maintenance activities that result from such an agreement in the vicinity of such drains or basins; (3) the storage of materials for the cleanup and containment of AFFF in proximity to fire suppression systems in DOD buildings and the presence of such materials during any transfer or maintenance activity. The guidance has been drafted, and the final version is now expected to be released by spring 2024

New specifications for AFFF alternative for firefighting foam

The 2020 NDAA mandates that by January 31, 2023, the DOD will publish a military specification for a fluorine-free firefighting foam for use at all military installations.” The DOD announced the “milspec” on January 6, 2023.

End purchases of PFAS firefighting foam

The 2020 NDAA specifies that money can’t be appropriated or otherwise made available for the DOD to buy firefighting foam that contains more than one part per billion of PFAS chemicals after October 1, 2023. The DOD promulgated in September 2023 an interim rule to assure compliance with the NDAA requirement.

Replace the use of PFAS fire-fighting foam

The 2020 NDAA prohibits the DOD from using fluorinated aqueous film-forming foam (AFFF) as a firefighting agent, after October 1, 2024, or sooner, if the secretary decides compliance with the prohibition is possible.

Restrict procurement of PFOA/PFOS items

The 2020 NDAA prohibits the DOD, beginning April 1, 2023, from purchasing PFOA- or PFOS-containing items, like nonstick cookware or cooking utensils used in dining facilities, and upholstered furniture, carpets and rugs treated with stain-resistant coatings. DOD issued internal procurement rules to require suppliers of these products to comply with the prohibition on PFOA and PFOS for solicitations beginning in early 2023.

Update DOD Instruction 4105.72 to limit procurement of items containing PFAS

In a report on the DOD’s prohibition of purchasing PFOA- or PFOS-containing items, the Government Accountability Office (GAO) found a lack of complete information on the presence of PFAS in the item categories subject to the prohibition rule. The GAO recommends that the DOD updates DOD Instruction 4105.72 to include procedures that are specifically targeted to implement the provisions of Executive Order 14057, limiting procurement of items containing PFAS.

Report on critical PFAS uses

Section 347 of the FY 2023 NDAA required DOD to report outlining uses of PFAS that are critical to national security by June 1, 2023. The DOD issued the report in August 2023. Not later than Fall 2023 and annually thereafter DOD is required to brief Congress on steps taken to identify covered items procured by DOD that contain PFOA and PFOS, steps taken to identify products/vendors of covered items that do not contain PFOA and PFOS, steps taken to limit procurement of covered items that contain PFOA and PFOS, and steps DOD intends to take to limit the procurement of covered items that contain PFOA and PFOS. Covered items include nonstick cookware and utensils, upholstered furniture, carpets and rugs treated with stain-resistant coatings.

Restrict procurement of PFAS firefighting gear

Section 345 of the FY 2023 NDAA instructs DOD to not enter into contracts to procure or purchase personal protective equipment, including any equipment that provides protection to the upper and lower torso, arms, legs, head, hands, and feet. The effective date may be extended if DOD determines that no sufficiently protective covered gear without PFAS is available.

Annual report on contamination from PFAS sources other than AFFF

The Section 346 of the FY 2023 NDAA requires that DOD submit a report to Congress on any known or suspected contamination on or around military installations located in the US resulting from the release of any PFAS originating from a source other than AFFF.

Identify scientific and technological challenges that must be addressed to understand and to reduce the health impacts of PFAS

The NDAA for FY 2021 directed PFAS strategy team to identify all currently federally funded PFAS research and development, as well as the scientific and technological challenges that must be addressed to understand and reduce the health impacts of PFAS on humans and the environment. In March 2023, the team released a report on the gaps and opportunities for the federal government in PFAS research.

Report on the status of remediation at 50 sites

The 2022 NDAA requires the DOD to report on the status of efforts to remediate PFAS at the following 50 locations: England Air Force Base, La.; Naval Air Weapons Station China Lake, Calif.; Patrick Air Force Base, Fla.; Myrtle Beach Air Force Base, S.C.; Langley Air Force Base, Va.; Naval Air Station Jacksonville, Fla.; Niagara Falls Air Reserve Station, N.Y.; Grand Prairie Armed Forces Reserve Complex, Tex.; Altus Air Force Base, Okla.; Charleston Air Force Base, S.C.; Barksdale Air Force Base, La.; Plattsburgh Air Force Base, N.Y.; Tyndall Air Force Base, Fla.; Sheppard Air Force Base, Tex.; Columbus Air Force Base, Miss.; Chanute Air Force Base, Ill.; Marine Corps Air Station Tustin, Calif.; Travis Air Force Base, Calif.; Ellsworth Air Force Base, South Dakota; Minot Air Force Base, North Dakota; Westover Air Reserve Base, Massachusetts; Eaker Air Force Base, Ark.; Naval Air Station Alameda, Calif.; Eielson Air Force Base, Alaska; Horsham Air Guard Station, Pa.; Vance Air Force Base, Okla.; Dover Air Force Base, Del.; Edwards Air Force Base, Calif.; Robins Air Force Base, Ga.; Joint Base McGuire-Dix-Lakehurst, N.J.; Galena Air Force Base, Alaska; Naval Research Laboratory Chesapeake Bay Detachment, Md.; Buckley Air Force Base, Colo.; Arnold Air Force Base, Tenn.; Tinker Air Force Base, Okla.; Fairchild Air Force Base, Wash.; Vandenberg Air Force Base, Calif.; Hancock Field Air National Guard Base, N.Y.; F.E. Warren Air Force Base, Wyo.; Nevada Air National Guard Base, Nev.; K.I. Sawyer Air Force Base, Mich.; Pease Air Force Base, N.H.; Whiteman Air Force Base, Mo.; Wurtsmith Air Force Base, Mich.; Shepherd Field Air National Guard Base, W.V.; Naval Air Station Whidbey Island-Ault Field, Wash.; Rosecrans Air National Guard Base, Mo.; Joint Base Andrews, Md.; Iowa Air National Guard Base, Iowa; and Stewart Air National Guard Base, N.Y.

As of fall 2022, DoD has started remedial investigations at 251 locations and continues to monitor all on-base water systems for PFAS to ensure water remains below the EPA’s 2016 health advisory levels. But cleanup has not begun at the 50 DOD sites Congress has identified as highly contaminated with PFAS.

Publish water testing plans

The 2022 NDAA requires the DOD to publicly disclose the anticipated schedule and location of any proposed PFAS testing in a covered area.

Report PFAS “Spend plan” to Congress

The DOD’s FY 2022 appropriation explanatory language required the military services to submit to Congress a PFAS spend plan within 60 days of enactment. This action was completed.

Schedule for remediation of PFAS at DOD sites

The 2022 NDAA requires the DOD to submit a report by fall 2022 proposing a schedule for completing PFAS cleanup, and its associated cost estimates, at military installations, National Guard facilities, and formerly used defense sites in the U.S. that were identified, as of March 31, 2021, as having released PFAS chemicals. As of spring 2022, the DOD has started remedial investigations at 168 locations and continues to monitor all on-base water systems for PFAS to ensure water remains below the EPA’s 2016 health advisory levels. As of spring 2022, the DOD has continued research and demonstration on over 100 projects related to PFAS treatment technologies, sampling, analysis and monitoring. The DOD submitted a report to Congress in July 2022, but did not include a schedule of remediation and cost to completion estimates for clean ups at contaminated sites.

Report on the status of testing to Congress every year

The 2022 NDAA requires the DOD, for years 2022 through 2024, to submit a report on the status of the site inspection tests for PFAS at all military installations and facilities of the National Guard in the U.S. that, as of March 31, 2021, have been identified as having a release of PFAS chemicals. In January, the DOD released a report on site inspection for FY 2022. The FY 2023 report is pending.

Complete preliminary assessment and site inspection for all facilities

The NDAA for FY 2022 requires DOD to complete by winter 2023 preliminary assessment and site inspection testing for PFAS at all military installations and facilities of the National Guard located in the U.S. that are identified as of March 31, 2021, as having a release of PFAS. As of spring 2022, the DOD has completed PA/SIs at over 300 military installations. It has also continued research and demonstration on over 100 projects related to treatment technologies, sampling, analysis and monitoring.

Clearinghouse on PFAS testing and cleanup

The 2020 NDAA required the DOD to maintain a publicly available website that provides information about the exposure of armed forces members and their families and communities to PFAS substances resulting from contamination at military installations. A website has been created but lacks data about on-base drinking water or groundwater PFAS needed to provide service members and their families with information on exposure. That information is still maintained on several websites hosted by the individual branches.

Amend agreements between the DOD and states to meet state standards

The 2020 NDAA required the DOD to work “expeditiously,” when requested by a state, to finalize an agreement to work together to address PFAS in a way that incorporates state water standards for PFAS.

Report to Congress within one year if agreement is not reached

The 2020 NDAA required the DOD to work “expeditiously,” when requested by a state, to finalize an agreement to address PFAS in a way that incorporates state water standards for PFAS. The DOD is required to report to Congress within a year if an agreement with the state is not reached (Pub. Law 116-92, Sec. 332). DOD received a request under provision from Michigan and is discussing with state officials possible changes to the DOD-Michigan agreement.

DOD report on research projects

DOD is required by the Section 341 of the FY 2023 NDAA to publish and regularly update information on research efforts to DOD related to PFAS, including research collaboration and data sharing with other federal agencies; research on fluorine-free foams, research on the impact of PFAS on firefighters, veterans, and military families; research on treatment options for drinking water, surface water, ground water, and safe PFAS disposal; and funding for PFAS-related research. So far, the DOD has published some research on fluorine-free foams, but many research topics are still pending.

Survey technologies to phase out AFFF and report to Congress

The 2021 NDAA requires the DOD to survey relevant technologies to identify available technologies that can be adapted for use by the department to facilitate the phaseout of aqueous film-forming foam by 2024. The DOD has completed large-scale testing of the firefighting capability of several PFAS-free formulations and continues to work on drafting a specification and implementation plans for facilities and vehicles. In February 2022, the DOD briefed Congress on its report on technologies and efforts to phase out AFFF.

Test for PFAS at all DOE-owned water systems

DOE PFAS Roadmap commits to PFAS tests at all DOE-owned water systems where DOE supplies drinking water to a site, using the most recent EPA test method. Initial tests will be completed in the first quarter of FY 2023; most sites have already completed initial sampling. Guidance on retesting to be developed by the fourth quarter – spring and winter 2023. DOE will also provide alternate drinking water supply to DOE sites where PFAS are detected in drinking water at concentrations exceeding federal or state regulatory limits.

Publish DOE PFAS assessment of risks at DOE sites

The updated status report will show DOE’s total potential PFAS-related risk at its sites and include updates on addressing actions identified in the roadmap. The report will inform future decisions about managing PFAS contamination and protecting human health and the environment. The assessment will be updated as needed by spring 2025.

Learn about interested parties’ concerns

DOE will gather input and identify environmental justice issues. Opportunities for input may include joining ongoing tribal consultation processes and scheduling virtual and in-person public meetings and other forums, among others. Incorporate PFAS concerns and information into site and program communications and public engagement efforts. Some DOE sites have addressed stakeholder inquiries, but many of these outreach objectives have not been initiated or completed.

Restrict non-emergency use of PFAS-containing AFFF

DOE set rules for restricting non-emergency use of PFAS-containing AFFF; suspending disposal actions, unless approved by the head of the program; requiring PPE for operations with known PFAS exposure; and reporting PFAS spills and releases. Memorandum with requirements issued September 2021; reporting guidance issued December 2021.

Issue reporting guidance and report on PFAS spills and releases

DOE set rules for restricting non-emergency use of PFAS-containing AFFF; suspending disposal actions, unless approved by the head of the program element; requiring PPE for operations with known PFAS exposure; and reporting PFAS spills and releases. Memorandum with requirements was issued September 2021; reporting guidance issued December 2021.

Issue guidance and policy for proper management and disposal of PFAS-contaminated materials

DOE roadmap commits to supporting effective implementation of the policy, with internal guidance about maintenance and use of PFAS-containing systems at DOE facilities. It also commits to supporting the handling, storage and disposal of PFAS-contaminated materials and wastes. This will ensure protection of workers, the public and the environment and reduce potential departmental liabilities and risks. Internal guidance was to be developed in the second quarter of FY 2023 and updated as needed to align with formal summer 2023 regulatory requirements. The DOE plans to complete its PFAS storage and disposal guidance following the EPA update of its Interim guidance on destroying and disposing of certain PFAS and PFAS-containing materials, scheduled for the end of 2023.

Issue guidance to restrict purchases of PFAS-containing products

The DOE GreenBuy Program continues to identify new opportunities for DOE sites to prioritize purchase of PFAS-free products. A total of 10 PFAS-free product categories were included in the FY 2023 Priority Products List, with additional updates expected. Information is available on the DOE's sustainable acquisition page.

Issue departmental guidelines for identifying PFAS and other emerging contaminants for EMSs as appropriate across DOE functions

Environmental Management Systems, or EMSs, are management frameworks used by DOE facilities to meet environmental compliance and objectives. The DOE framework commits to making the identification of PFAS a “significant aspect” of site EMSs. The DOE published an update to a environmental and sustainability directive, DOE Order 436.1, Departmental Sustainability, in April 2023. This directive requires the DOE to maximize the purchase of sustainable products and minimize the purchase of chemicals identified as emerging contaminants of concern. The order also requires DOE elements to use environmental management systems as a management framework to implement programs to meet sustainability and environmental objectives.

Publish guidance and assess historical and current use

DOE’s initial efforts were planned to be completed in the second quarter of FY 2023, and would continue as needed. DOE completed its research efforts at DOE-Germantown and the National Archives-College Park, and ongoing historical and current use assessments continue across the DOE complex. The status and results of these efforts are reported during an annual site reporting update process currently underway. DOE continues to refine and improve its understanding of current and past uses of PFAS to support effective identification and management of PFAS issues. In February 2023, the DOE published a guide for investigating historical and current uses of PFAS at DOE sites.

Perform field assessments and provide annual site-specific status updates

When necessary, DOE sites will work with regulatory partners to conduct environmental investigations based on information from the initial assessment and records searches. Initial site status reports completed January 2022, with further investigations, if necessary.

Publish a PFAS research plan identifying research gaps and priorities

The DOE research plan will identify gaps and set DOE research priorities to coordinate DOE laboratories and other federal research partner efforts. Enable coordination and give direction for DOE’s research and development activities led by the national laboratories and other research institutions focused on evaluating promising approaches for PFAS detection, separation, destruction and disposal. Identify opportunities for promising technologies. The initial research plan was published in the first quarter of FY 2023, with the next update due by first quarter 2025.

Finalize PFAS research plan identifying research gaps and priorities

The DOE research plan will identify gaps and set DOE research priorities to coordinate DOE laboratories and other federal research partner efforts. It will enable coordination and give direction for DOE’s research and development activities led by the national laboratories and other research institutions focused on evaluating promising approaches for PFAS detection, separation, destruction and disposal. It will also identify opportunities for promising technologies. The initial research plan was published in the first quarter of FY 2023, with the next update due by first quarter 2025.

Release a publicly available platform to serve as a central hub and resource center.

The DOE set up a centralized DOE PFAS website with departmental information, including policies, practices and updates on engagement opportunities.

Research on PFAS in food and take action to address contamination

The USDA’s Food Safety and Inspection Service is testing for PFAS in meat and poultry products to identify the causes and implications of PFAS in the food system.

Grants for PFAS research on food and on animal and human health

The USDA is supporting extramural research on PFAS in the environment and food, as well as on animal and human health. For example, five Michigan State University researchers have received a USDA grant for $750,000 to study crop uptake of PFAS and how to prevent it. So far, the USDA has made information publicly available on two projects on the topics of PFAS and animal and human health.

Dairy indemnification for cows harmed by PFAS

When cows or dairy products can no longer be marketed because of PFAS contamination, and a public regulatory agency directs the dairy farmer to remove their raw milk from the market, the Dairy Indemnity Payment Program can provide compensation. In December 2021, the USDA made dairy producers contaminated by PFAS eligible for compensation under the program. The Dairy Indemnity Payment Program paid about $1.5 million for PFAS related claims in 2022 (about 88 percent of indemnity payments).

Report on phaseout of food contact uses

In July 2020, manufacturers of food contact substances committed to a voluntary three year market phaseout of certain types of short-chain PFAS containing 6:2 FTOH that may be found in food packaging. The manufacturers committed to providing the FDA with annual updates, and in January 2022, the FDA received updates from three companies, which are posted on its “Authorized Uses of PFAS in Food Contact Applications” website.

Publish results of food and seafood tests

To understand and reduce exposure to PFAS from food, the FDA tested for PFAS in foods that are in the general food supply, foods produced in areas contaminated by PFAS, and foods in targeted categories, such as seafood. The results for these studies have been made available on their website.

Review science on PFAS and food packaging

As the FDA evaluates PFAS levels in the food supply, the agency aims to use the advanced analytical capabilities of its laboratories for generating and sharing new scientific information, like testing methodologies, to increase the baseline knowledge of PFAS occurrence in foods.

Issue policies/regulations to restrict PFAS purchasing

The GSA, which sets ground rules for federal purchasing, will work to implement the requirements of President Joe Biden’s executive order directing the government to focus its purchasing power on PFAS-free products. The GSA “will seek to eliminate non-essential uses of PFAS in building materials, while encouraging the development of alternatives.”

NIST study on PFAS prevalence/risk in firefighting gear

The 2021 NDAA authorizes the NIST to conduct research to understand the type, prevalence, and concentration of PFAS in firefighting gear, the source of PFAS, and the mechanism for PFAS release, which is critical to reducing the risk of being exposed to PFAS from the gear. In May 2023, NIST released a report on PFAS in firefighting gear.

NIST grants on researching alternative firefighting gear

The 2021 NDAA authorizes a National Institutes of Standards and Technology, or NIST, grant program to fund research into PFAS-free alternatives for firefighting gear.

NIST development of new reference material for PFAS in aqueous firefighting foam

The National Institute of Standards and Technology has created four reference materials (RMs) for PFAS in aqueous firefighting foams (AFFFs) to help organizations test for PFAS in legacy AFFFs. In collaboration with the National Institute for Occupational Safety and Health (NIOSH) and the US Fire Administration, the NIST will research how much PFAS gets on the fire-fighting gear. These institutions will also research how the PFAS is released and how to decrease the risk of exposure for firefighters. In October 2021, the NIST released a report on AFFF PFAS, and in September 2023, the NIST released the four RMs.

Research to reduce discharges and find AFFF alternatives

The FAA is researching the use of aqueous film-forming foam, or AFFF, containing PFAS in emergencies. It is working with DOD to find a PFAS-free firefighting foam alternative. In May 2023, the FAA published their Aircraft Firefighting Foam Transition Plan, which contained information about reducing PFAS use and transitioning to alternative substances.

Allow airports to switch to fluorine-free firefighting foam

In the 2018 FAA Reauthorization Act, Congress gave the FAA until October 5, 2021, to “no longer require" the use of PFAS in firefighting foams used at airports. On October 4, 2021, the FAA issued an alert saying it would no longer require the use of PFAS to meet its existing performance standards for firefighting foams. On January 12, 2023 FAA issued an alert that airports can switch to non-PFAS foams as soon as foams are identified that meet the new military specification and products get added to the Navy’s qualified product list, 90 to 120 days.

Research mitigating exposure from fire training/equipment

Through the National Fire Academy, FEMA is working to better understand, and mitigate, PFAS exposure from fire training exercises and equipment use. The FEMA also awarded a $1.5 million grant to the University of Arizona to study the extent of firefighter exposure to PFAS and subsequent health impacts.

Guidance for clinicians on testing, inform care and advice

In partnership with the National Academies of Sciences, Engineering, and Medicine, the HHS is developing guidance for clinicians on PFAS testing, how test results should inform clinical care, and how to advise patients on exposure reduction.

NIOSH study of PFAS risks for career firefighters/gear

The CDC’s National Institute for Occupational Safety and Health (NIOSH) is conducting a study that will address PFAS exposure and health assessments in manufacturing workers, service sector workers, and firefighters, and includes measurement of PFAS levels in gear.

NIEHS review of literature on immune system response to vaccination

Per a request by the Environmental Protection Agency, the National Institute of Environmental Health Sciences, or NIEHS, is evaluating the published literature on specific PFAS, to determine whether exposure could have immune effects that would weaken responses to vaccination.

NIEHS and EPA developing class-based understanding of PFAS health effects

The NIEHS and the EPA are developing a chemical class-based understanding of the health effects of PFAS. The goal is to achieve a more-efficient understanding of potential health effects across the class of chemicals.

NIEHS funding tools to remediate and understand PFAS fate/transport

Through its Superfund Research Program, the NIEHS is funding research and development of tools to remediate PFAS, and to better understand the fate and transport of PFAS chemicals once they are released into the environment.

ATSDR expanding measurements to identify non-drinking water PFAS exposure

The Agency for Toxic Substances and Disease Registry is partnering with the EPA to expand on the environmental measurements gathered as part of exposure assessments to identify significant non-drinking water sources of PFAS exposure.

ATSDR reports on 10 exposure assessments of more than 2,300 people

In September 2022, the ATSDR released reports for 10 PFAS exposure assessments, which looked at exposures in more than 2,300 individuals from over 1,400 households.

Initiatives to investigate/remediate, protect emergency responders

The DHS inventoried its PFAS use, such as firefighting foams, and prior releases, including possible water source contamination. To address PFAS at DHS facilities, a recent Policy Directive establishes procedures for alerting the Office of the Chief Readiness Support Officer, conducting follow-up investigations, and taking appropriate response actions. A new DHS-wide Emerging Contaminants Working Group will coordinate additional steps to remediate PFAS.

OSTP Publish interagency strategic research plan

The White House Office of Science and Technology Policy is mobilizing the National Science and Technology Council to form a team focused on coordinating and further accelerating federal scientific work on PFAS. In March 2023, the White House published a report

 

on the state of PFAS science.

CEQ strategies for research/remediation for communities

The White House Council on Environmental Quality leads the newly-formed Interagency Policy Committee on PFAS, which will work to coordinate and help develop new policy strategies to support research, remediation, and removal of PFAS in communities across the country.

CEQ implementing instructions for Executive Order 14057 to limit PFAS

In December 2021, President Joe Biden issued Executive Order 14057, “Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability,” to reestablish the federal government as a leader in sustainability. The order says the CEQ shall coordinate with the director of the White House Office of Management and Budget to issue implementing instructions for the duties contained in section 504 of the order, which outlines the CEQ’s duties.