UPDATE: NJDEP, EPA, and PFAS Management

17 Sep UPDATE: NJDEP, EPA, and PFAS Management

Since ESA published its first article on the subject of per- and polyfluoroalkyl substances (see “Getting Ahead of PFAS Regulation“), the New Jersey Department of environmental Protection (NJDEP) and the United States Environmental Protection Agency (EPA) have begun aggressive information campaigns to notify the public of the potential hazards and adverse health effects related to these chemical compounds. During the past four months, the EPA has hosted a National Leadership Summit addressing this issue, traveling to multiple states to visit communities with known PFAS impacts. By fall of 2018, the EPA plans on issuing a PFAS Management Plan. The NJDEP has added PFAS to its list of emerging contaminants and has posted official recommendations on its web site. Clearly, there is concern within the regulatory community, and it is only a matter of time until that concern trickles down to property owners and their environmental consultants.

PFAS compounds are man-made chemicals that have been used in a variety of industries around the globe, including in the United States, since the 1940s. Perfluorooctanoic acid (PFOA, i.e., Teflon) and PFOS have been the most extensively produced and studied of these chemicals. Both are highly persistent in the environment and in the human body — meaning they don’t break down and they can accumulate over time. There is evidence that exposure to PFAS can lead to adverse human health effects.

The good news is, sampling methods have been established in New Jersey and other states, and a laboratory method for measuring PFOS, PFOA, and 12 other PFAS in drinking water (EPA Method 537) has been developed.  However, the sampling procedure is complex and time consuming. In addition, the analytical costs are high because few laboratories can run the analysis. As with any emerging contaminant, the number of labs offering PFAS analysis is expected to grow, which should ultimately reduce analytical costs.

There is no doubt that PFAS contamination, especially regarding drinking water, is a major concern to state and federal regulatory agencies.  That is why we have seen, and expect to see, the following actions from the EPA in the coming months:

• Creation of a PFOA Stewardship Program to phase out manufacturing of PFAS (Completed)
• Development of a treatment process for PFOA/PFOS in drinking water (Completed)
• Continued site-specific technical assistance to identify and reduce PFAS exposure (Ongoing)
• Updated EPA Drinking Water Treatability Database for multiple PFAS Compounds (Ongoing)
• Development of groundwater cleanup recommendations for PFOA/PFOS (Expected Sept. 2018)

In thirty years, ESA has only seen NJDEP take such aggressive action once before — in 2006, immediately following the discovery of mercury at the former Kiddie College in Gloucester County, New Jersey.  However, the scope of that action centered around improving due diligence procedures for child care centers. It was not an investigation into the toxicity and pervasiveness of mercury exposure. The concern over PFAS impacts may outweigh that of Kiddie College, and the level of action is expected to be significant.

Is your property affected by PFOA/PFOS? Although a relatively new area of concern, ESA has collected and analyzed numerous groundwater samples for PFAS compounds. We can identify your potential risks by performing a diligent review of historical data and an environmental sample analysis. Ask ESA — we’re here to help.

More information regarding PFAS can be found at NJDEP’s PFAS webpage.