If you’re familiar with PFAS, you likely know how turbulent the regulatory landscape can be. The last few months have brought us two new federal regulations, and if you’re concerned about PFAS in your operations, you may realize that it’s time to prepare for action because the clock is ticking.

New regulations focused on the detection, treatment, or destruction of PFAS will soon affect almost every industry.

Assessing PFAS risk profiles is becoming increasingly important for manufacturers and public water systems, but you may not know that these new regulations also extend to secondary users of PFAS. In other words, new regulations focused on the detection, treatment, or destruction of PFAS will soon affect almost every industry.

In April 2024, the EPA designated two PFAS compounds, PFOA and PFOS, as hazardous substances under what is commonly known as Superfund (its formal name is the Comprehensive Environmental Response, Compensation, and Liability Act, or CERCLA). The rule states that one pound or more of PFOA or PFOS released in a 24-hour period must be immediately reported to the National Response Center, as well as to state, tribal, and local emergency responders.

Earlier in April, the EPA also announced the much-anticipated National Primary Drinking Water Regulation (NPDWR) for six PFAS under the Safe Drinking Water Act (SDWA). The regulation, like NPDWR for other chemicals, includes enforceable maximum contaminant levels (MCLs). The new federal MCLs are considered the maximum allowable concentrations in parts per trillion (ppt) of select PFAS in public drinking water systems.

Even though these rulings impose the most urgency on facilities that produce PFAS and public water systems, they will expand to industries that may not yet be equipped to keep up with the ever-shifting regulatory landscape.

Secondary users of PFAS should now evaluate their PFAS risk profile, which is not an easy task.

“Public water systems, landfills, original manufacturers of PFAS, and other notable industries that have PFAS present in their systems or used PFAS in their processes have likely been evaluating their risk profiles for many years, as most states have taken the lead in regulations until now,” said Barr’s Nick Palatiello, who has been tracking the PFAS regulatory evolution since 2015 and connects clients with technical staff who can help them. “However, secondary users of PFAS—such as mines, medical device manufacturers, oil and gas companies, steel recyclers, and many others—should now evaluate their PFAS risk profile, which is not an easy task.”

No matter the industry you work in, you don’t want to be caught off guard by the compliance realities of these new rules and regulations. Getting ahead of the curve with these new standards and adapting to regulations will offer forward-thinking companies a competitive edge in compliance leadership, risk mitigation, customer preference, and long-term sustainability. And there’s no time like the present to get started: The policy for mandatory reporting of PFOA and PFOS releases is already in effect, and MCL regulations will be enforced for public water systems by 2026.

“For secondary PFAS users, identifying where PFAS-containing products may be present or used throughout your portfolio is a key first step to understanding potential compliance with these new regulations and mitigating risk,” said Sara Ramsden, senior environmental engineer and PFAS investigation and remediation expert.

“Perhaps PFAS is a minor component of your product, or firefighting foam containing PFAS is used at your facility in an emergency,” she continues. “Working with experts to identify the presence, type, and quantity of PFAS that may be present can help determine whether these new rules and regulations apply to your operations.”

If you need a partner on this journey, look to Barr. Before PFAS was even considered a contaminant of concern, we were on the scene. Our early and continued involvement in the development of stack testing methods (such as OTM-45) and our experience assessing fate and transport of PFAS in the air, soil, and groundwater at manufacturing facilities have made us a trusted, award-winning partner in helping companies approach PFAS compliance standards.

It’s becoming increasingly urgent to consider PFAS liabilities and plan ahead to address them.

We have been working with clients on PFAS issues for more than two decades and have seen these new federal rules on the horizon for the last several years. And although these rules create general standards that provide clearer goal posts to those in the process of addressing their PFAS risk profile, it’s becoming increasingly urgent to consider PFAS liabilities and plan ahead to address them. In short, no matter your industry, you’re on the clock—but with careful planning and the right help, you can stay in compliance with these new regulations.

Contact us to learn more about our wide range of PFAS services.

About Nick Palatiello and Sara Ramsden

Nick Palatiello, a market analyst and strategy-development specialist, works with clients to understand market and regulatory drivers and help them solve complex issues related to emerging contaminants and energy developments. As Barr’s PFAS market lead, Nick connects engineering and environmental teams with clients to develop strategies for addressing PFAS contamination and developing compliance programs.

Sara Ramsden, vice president and senior environmental engineer, has more than 15 years of experience with contaminated site investigation and cleanup for a variety of soil, groundwater, and vapor remediation projects. Her experience includes managing a high-profile investigation of PFAS with multiple stakeholders.