We have published in recent years several times on PFAS air emissions issues, including legislative efforts to compel standards for PFAS in air emissions and EPA’s long process to determine a reliable and proper testing method for measuring PFAS in air sampling. The issue finds itself back in the news this month as EPA faces renewed pressure from several states to take regulatory action and establish certain PFAS as Hazardous Air Pollutants (HAP) under the Clean Air Act. The states argue that an 18 month period for EPA to respond to their original petition for such action is now passed.
Under the Clean Air Act, a pollutant can be listed as a HAP if it is known or suspected to cause cancer, serious health effects (like reproductive defects), or adverse environmental impacts. The EPA regulates 187–188 specific toxic pollutants (such as benzene, mercury, and asbestos) emitted from industrial sources. in August 2024, North Carolina, New Jersey and New Mexico formally petitioned EPA to designate PFOA, PFOS, PFNA and HFPO-DA (“GenX”) as HAPs under the Clean Air Act. EPA has 18 months under the Clean Air Act to grant or otherwise respond to petitions such as the one related to these four PFAS. While the 18 months has now passed and the states are pressing EPA for a response, legal action may be the next recourse to attempt to get EPA to take action. However, the complexity of the air pollution issue specific to PFAS makes it an issue that is more time-consuming for EPA to investigate, as there is considerably less scientific material published on the issue of PFAS risks to human health from air pathways (contrast that to exposure from drinking water, for which there are thousands of articles).
Regardless of the course that New Mexico, New Jersey and North Carolina choose to take, expect more non-federal scrutiny and investigation into the issue of PFAS air emissions and impacts on human health during this Presidential term. These courses of action will be taken in the absence of federal EPA action on the air emissions issue. Similar “non-federal” action or investigation into chemical issues has occurred historically when inaction by EPA reaches a level that some see as unacceptable. For companies, it is important to monitor the developments on the PFAS air emissions front, especially now that EPA in 2025 issued acceptable testing methodology for PFAS in air emissions.
