An EPA rule that would have limited the amount of PFAS that can be discharged into waterways by companies has been withdrawn by the Office of Management and Budget (OMB), due to the regulatory freeze issued by President Trump. Because the proposed rule had not yet been finalized, it was subject to the freeze.
If finalized, the rule (Clean Water Act Effluent Limitations Guidelines and Standards for PFAS Manufacturers Under the Organic Chemicals, Plastics and Synthetic Fibers Point Source Category) would have limited the amount of PFAS discharged from PFAS manufacturing facilities, both directly into surface water and indirectly via Publicly Owned Treatment Works. As detailed in the OMB summary of the proposed rule’s statement of need, exposure to certain PFAS can harm the health of humans and animals, and is difficult to destroy and extremely persistent in the environment. But “PFAS manufacturer wastewater discharges contain measurable levels of PFAS and there currently are no national limitations on wastewater discharges of PFAS from these facilities.”
While this proposed rule has been withdrawn, an ASDWA publication notes that this is not the same as the PFAS National Primary Drinking Water Regulation (NPDWR). Because that was finalized in April 2024, it is not subject to the freeze (though some news outlets have confused the two regulatory actions). The withdrawn rule, however, would have helped further protect drinking water sources against PFAS.
What the regulatory freeze and review order means for other proposed rules is yet to be determined, but TAG will continue to stay updated and keep our readers informed. For more information on PFAS, its regulatory focus, and impacts of these on the food industry, view TAG’s Insights articles on PFAS.
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