Tuesday, October 20, 2020
The Division of Ecology (Ecology) and the Division of Well being have collectively launched the Draft Chemical Motion Plan (CAP) for per- and polyfluoroalkyl substances (PFAS). The Draft CAP can be accessible for public remark via December 7, 2020. CAPs are advisory and don’t themselves create new restrictions, however the suggestions in a CAP could result in legislative or regulatory motion. stakeholders ought to take this chance to supply enter to Ecology.
The Draft CAP builds on earlier work by Ecology to advocate actions to check and handle PFAS within the atmosphere, together with an Interim CAP in April 2018 and Preliminary CAP suggestions in Could 2019. By this work, Ecology has developed the next 4 broad classes of suggestions spanning a number of packages.
Guarantee protected consuming water
The Draft CAP recommends figuring out sources of funding to mitigate PFAS in consuming water, with the long-term expectation that such prices can be reimbursed by accountable events, if PFAS are categorised as a hazardous substance beneath state or federal legislation. Along with funding, the Draft CAP recommends technical help at PFAS contamination websites and research to analysis well being impacts.
Handle environmental contamination
There are at the moment no enforceable federal or Washington State PFAS requirements. The Draft CAP recommends that Ecology act beneath the Mannequin Toxics Management Act (MTCA) to develop soil and groundwater cleanup ranges for PFOA and PFOS plus further PFAS compounds, the place applicable. Ecology may also discover strategies for investigation and cleanup.
Ecology at the moment addresses firefighting foam via the Firefighting Brokers and Tools Poisonous Chemical Use legislation and can proceed implementing that legislation. The CAP additionally consists of suggestions for improved coordination with communities.
Cut back PFAS in merchandise
Ecology’s Safer Merchandise for Washington legislation requires Ecology to contemplate regulatory actions to cut back using precedence chemical substances in merchandise and packaging. Carpets and carpet remedies have been the primary PFAS-containing product that Ecology recognized for analysis. The Draft CAP recommends that Ecology proceed to find out by June 2022 whether or not safer options for PFAS containing carpet merchandise are possible. That dedication can be accompanied by proposed regulatory motion to cut back publicity.
The Draft CAP recommends that Ecology proceed to determine further sources of PFAS for a second Safer Merchandise for Washington cycle. Merchandise talked about embrace:
Consider PFAS in wastewater therapy, landfills, and biosolids
The Draft CAP recommends evaluating PFAS in wastewater therapy vegetation, which has not but been finished on a big scale in Washington. Sampling can also be beneficial at landfills to check for PFAS in leachate, groundwater, and air emissions. Ecology may also consider biosolids however acknowledges that information gaps exist and can focus preliminary efforts on growing evaluation strategies, relatively than regulatory necessities.
Subsequent steps for the Draft CAP
The Draft CAP is a part of a complete plan to handle PFAS within the state. Ecology has beforehand developed CAPs for PCBs, PAH, lead, PBDE, and mercury. Rulemaking is at the moment underway to handle PFAS in consuming water, PFAS in firefighting foam is regulated by the Firefighting Brokers and Tools Act, and merchandise are regulated bu a collection of necessities together with the Packages Containing Metals and Poisonous Chemical substances legislation, the Safer Merchandise for Washington program, and the Kids’s Protected Merchandise Act.
Ecology will host a collection of public remark webinars on the Draft PFAS CAP in November. Feedback can be submitted by e-mail at ChemActionPlans@ecy.wa.gov.