TRC is continually tracking environmental standards related to PFAS to provide timely information for our clients. In May 2022, the U.S. Environmental Protection Agency (EPA) announced the addition of five new PFAS to the list of RSLs. These PFAS are in addition to perfluorobutanesulfonic acid (PFBS), which was added to the RSLs in 2014 and updated in 2021:
- Perfluorooctanesulfonic acid (PFOS)
- Perfluorooctanoic acid (PFOA)
- Perfluorononanoic acid (PFNA)
- Perfluorohexanesulfonic acid (PFHxS)
- Hexafluoropropylene oxide dimer acid (HFPO-DA), known as GenX chemicals
What are EPA Regional Screening Levels and How are They Used?
EPA RSLs are generic acceptable levels of contaminant concentrations in water, soil and air using risk assessment guidance from the Superfund program. RSLs are derived from standard exposure assumptions and EPA toxicity data. Generally, if a site has concentrations greater than the RSL, then further investigation is warranted. However, RSLs are not enforceable standards. The EPA usually requires a site-specific risk assessment for further evaluation of the potential exposure to contaminants of concern for receptors at the site. While it may be possible that concentrations exceed the RSL, a response action may not be required. The RSL can also be used as a preliminary remediation goal for guiding a Remedial Investigation/Feasibility Study. However, RSLs should not be used as final remediation goals because final remediation goals should be derived from a site-specific risk assessment.
The EPA uses toxicity data from several sources to generate RSLs. These sources include:
- EPA Integrated Risk Information System (IRIS)
- Agency for Toxic Substances and Disease Registry (ATSDR)
- EPA Provisional Peer-Reviewed Toxicity Values (PPRTV)
- California Environmental Protection Agency (CalEPA)
- EPA Office of Water – Drinking Water Standards & Health Advisories (DWSHA)
What are the RSL Changes for PFAS and Why?
As previously stated, in spring 2022, the EPA issued new RSL tables that included several revisions regarding PFAS. It is important to note that the RSLs contain different forms of the PFAS, including the anion, acid and salt (cation) forms for PFBS and PFOS; the acid and anion forms for PFOA, PFNA, and PFHxS; and the acid and salt forms for HFPO-DA (GenX). While most PFAS exist in the anionic form in the environment, the RSL provided is the same regardless of the chemical’s form for each PFAS (with the exception of GenX chemicals, which have different values for the acid and salt forms).
A table with the updated toxicity reference data and new RSLs (as well as soil screening levels [SSLs]) is presented below. The reference dose (RfD) data and RSL data tables can be found at Regional Screening Levels (RSLs) – Generic Tables | US EPA.
| Chemical | EPA Regional Screening Levels (RSLs) |
|||||
|---|---|---|---|---|---|---|
| Residential Soil (mg/kg) | Industrial Soil (mg/kg) | Tap Water (ug/L) | Risk Based Protection of Groundwater SSL (mg/kg) |
Reference Dose (RfD) (mg/kg-day) | RfD Source | |
| New PFAS Chemicals | ||||||
| Perfluorooctanesulfonic acid (PFOS) |
0.13 | 1.6 | 0.04 | 3.80E-05 | 2.00E-05 | ATSDR |
| Perfluorooctanoic acid (PFOA) | 0.19 | 2.5 | 0.06 | 9.10E-04 | 3.00E-06 | ATSDR |
| Perfluorononanoic acid (PFNA) |
0.19 | 2.5 | 0.059 | 2.50E-04 | 3.00E-06 | ATSDR |
| Perfluorohexanesulfonic acid (PFHxS) | 1.3 | 16 | 0.39 | 1.70E-04 | 2.00E-05 | ATSDR |
| Hexafluoropropylene oxide dimer acid (HFPO-DA) (known as GenX) | 0.23 | 3.5 | 0.06 | N/A | 3.00E-06 | DWSHA |
| Existing PFAS Chemical | ||||||
| Perfluorobutanesulfonic acid (PFBS) |
19 | 250 | 6.0 | 1.9E-03 | 3.0E-04 | PPRTV |
|
Notes: All RSLs shown in the table are based on noncancer toxicity. The Residential and Industrial Soil RSLs for the salt form of HFPO-DA (ammonium perfluoro-2-methyl-3-oxahexanoate) and the SSL for the salt form of PFBS (potassium perfluorobutanesulfonate) are different than those listed for the acids. mg/kg = milligrams per kilogram ug/L = micrograms per liter |
||||||
What are the Implications?
- Since PFAS are not yet regulated federally, many states and entities will rely on the EPA RSL for guidance and to determine if further PFAS investigation is necessary at their sites.
- Additional PFAS are being added to the RSL tables and revisions are resulting in lower screening levels, which may result in more sites being investigated for PFAS.
- Any site with PFAS at, near, or over the RSLs should consider a site-specific evaluation to better understand if exposure may potentially cause adverse health effects.
- Specialized waste treatment technologies for PFAS contamination or migration may need to be considered, including removal, treatment or remediation.
What Happens Next?
- The timeline for establishing water regulatory standards (maximum contaminant levels [MCLs] and possibly secondary standards) includes a proposed rule in fall 2022 and a final rule in fall 2023.
- PFAS reporting under Toxic Substances Control Act (TSCA) is expected in winter 2022.
What Can You Do?
- Determine if there is any possibility that your site, installation, facility, or industry could be at risk for PFAS contamination. Consider conducting an audit of the processes and chemical formulations used on site.
- Consider replacing PFAS materials with non-PFAS products.
- Dispose PFAS materials appropriately and understand the potential for PFAS discharges in your waste stream.
- Take actions to prevent further PFAS contamination/migration, including operational changes, removal or cleanup if necessary.
TRC is prepared to assist you with your PFAS-related and Environmental, Health and Safety (EHS) questions.
For more information, please contact Victor Medina at VMedina@trccompanies.com or Emily Larson at ELarson@trccompanies.com.
Sharing Our Perspectives
Our practitioners share their insights and perspectives on the trends and challenges shaping the market.
Changes to EPA’s Risk Management Program (RMP) Regulations Are Coming
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Support an Integrated EHS/ESG Management System
June 10, 2022
What is FERC and NERC Compliance? At its May 2022 meeting, the Federal Energy Regulatory Commission (FERC) issued Order No. 881-A, to clarify a December 2021 order that represented a major change in utility operating practices and planning. In the new order, FERC denied requests for rehearing Order No. 881, and reaffirmed its Ambient Adjusted Ratings (AAR) pronouncements. These actions will have a significant impact on NERC compliance programs related to both PRC standards and facilities ratings. Utilities should review the Order’s requirements and prepare for changes needed to remain compliant. Order 881-A Requirements The new FERC order specifically requires: Public utility transmission providers to deliver transmission service; Regional transmission organizations and independent system operators (RTO/ISO) to establish and implement the systems and procedures necessary to allow transmission owners to electronically update transmission line ratings at least hourly; Public utility transmission providers to use uniquely determined emergency ratings Public utility transmission owners to share transmission line ratings and transmission line rating methodologies with their respective transmission provider(s) and with market monitors in RTOs/ISOs; and Public utility transmission providers to maintain a database of transmission owners’ transmission line ratings and transmission line rating methodologies on the transmission provider’s Open Access Same-Time Information System (OASIS) site or other password-protected websites.
NERC’s Revised PRC-024-3 Standard for Inverter-Based Generation Effective in October 2022
May 11, 2022
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FERC Issues Notice of Inquiry Regarding Dynamic Line Ratings
April 25, 2022
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How to Use an Integrated Approach To Manage EHS and ESG Risks
April 20, 2022
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November 22, 2021
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November 3, 2021
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NERC Proposes Revisions to CIP-008
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EPA continues to aggressively address PFAS wastewater with two new strategies
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NERC Calls for New Approach to Reliability Planning Due to Gas Supply Disruption Risks
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SEC Rules in Favor of Climate-Related Disclosures
March 8, 2024
In a long-awaited climate ruling, the Securities and Exchange Commission (SEC) ruled 3-2 in favor of the climate-related disclosures on March 6, 2024.
EPA Proposes Rules for IRA-mandated Waste Emissions Charge for Methane
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EPA Proposes Regulation of Green House Gas Emissions
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TRC Companies Pledges to Achieve Net Zero GHG Emissions by 2040
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Why Are ESG Frameworks Important?
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What Is Environmental, Social and Corporate Governance?
October 10, 2021
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NJDEP Implements New Jersey Environmental Justice Law Through Administrative Order
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On September 22, 2021, the New Jersey Department of Environmental Protection (NJDEP) Commissioner announced the issuance of Administrative Order (AO) No. 2021-25 to implement New Jersey’s Environmental Justice (EJ) Law. This order is effective immediately, and applicants seeking to site new major source facilities, renew major source permits or expand existing facilities with major source permits (e.g., Title V air permits) in overburdened communities are affected. There are more than 4.5 million people that live within 331 municipalities that are overburdened communities in the state of New Jersey.
Cryptocurrency: The Environmental Threats and Opportunities
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It has been more than 50 years since the development and establishment of the federal Environmental Protection Agency (EPA) and the federal Occupational Safety & Health Administration (OSHA) which were formed to protect our environment and workplaces across the United States. Significant laws, policies and regulations followed to establish the “regulatory programs” that all applicable businesses and entities must address and meet to ensure these compliance-driven legislative programs would create a foundation to protect our society.
TRC Announces Collaboration with Greenstone Reinforcing Integrated ESG, Sustainability and Climate Risk Solutions
June 26, 2020
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Recently TRC’s Rick Sisk, Vice President – Transaction Advisory Services, was part of Intralinks virtual roundtable series Oil & Gas Part II, “Has Oil & Gas Run Out of Steam?” Like many industries, oil and gas has been significantly impacted by the COVID-19 pandemic. In the first part of our industry roundtable on the topic held this past spring, a distinguished panel of experts outlined how the dramatic plunge in oil demand hit the industry hard. There was little optimism for quick recovery at the time. So where are we now? To learn more, Intralinks reconvened a panel of experts — Jamie Garrett, Principal at JoyCap Advisory LLC (formerly VP M&A, Direct Energy); Ian Graham, Senior Finance Director, Corporate Development Tax & Treasury at Trican Well Service, and Rick Sisk, Vice President, Transaction Advisory Services (oil & gas) at TRC Companies — to see the how oil and gas market has fared over the past few quarters. We also considered what 2021 might look like for an industry in flux.
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TRC Brings Environmental Services to Manchester with Second UK Office
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