EPA PFAS air testing method standards were recently published by the EPA to measure substances such as PFAS in air emissions. The new standard is not only applicable to PFAS and is broader in reach; however, it would apply to PFAS. While the EPA previously issued testing methods in 2021, it was much anticipated by many that the EPA would issue updated testing methods that would directly apply to PFAS. The draft test method, Other Test Method 50 (OTM-50), will likely help the EPA shape its draft PFAS destruction and disposal guidelines, a draft that sits with the White House Office of Management and Budget (OMB) for comment. The OTM-50, for example, will allow companies incinerating PFAS-containing waste with testing methods to use to determine PFAS in air emissions from such practices. It should be noted that OTM-50 currently applies to chemical manufacturers, industrial users of PFAS and destruction technologies, and could certainly be expanded to apply to other industry types in the future as EPA’s understanding of air emission issues and reliable testing methods evolves.

The OTM-50 testing methods could also provide a foundation for EPA to begin to shape air emissions standards for PFAS under the Clean Air Act or other regulations. The EPA is currently in the data collection phase for determining how to approach the question of drafting air emissions standards for PFAS. Having testing methods available by which to test air emissions will assist EPA in gathering further data and ensuring that any future air emissions levels are able to be tested by industries.

CMBG3 Law is following judicial, legislative, administrative, and scientific developments relating to PFAS. More information about the services we can provide, including litigation defense, compliance and risk assessments, to ensure your business is ready for any intersection with these substances can be found on our PFAS Litigation page.

Our attorneys have been at the forefront of PFAS issues, including giving presentations as to the future waves of litigation stemming from PFAS issues. For more information, please contact the Chair of our PFAS – Toxic Torts Team: John Gardella.