18 Feb Getting Ahead of PFAS Regulation
If you’re like the rest of us, you probably need a moment to think about how to correctly pronounce “perfluorooctanesulfonic acid.” This substance, known by the acronym PFOS, is one of several chemical compounds that are referred to as Per- and Polyfluoroalkyl Substances (PFASs). These compounds are considered by the New Jersey Department of Environmental Protection (NJDEP) and the United States Environmental Protection Agency (USEPA) to be contaminants of emerging concern and, as such, ESA’s inbox is filled with emails on this subject. Our clients want to know just one thing: how will PFASs impact my business?
PFAS compounds are man-made chemicals that have been used in numerous manufacturing processes since the 1950s. They have been used as petroleum fire suppressants by your local fire departments for decades. They are a main component of stain resistant and water-repellent clothing and household items. And they are also widely used in the manufacture of non-stick cookware. Thus, PFAS compounds are widespread throughout industrialized areas. They migrate easily into soil and groundwater, and they are persistent; they do not readily degrade. While manufacturers who utilize PFASs in their processes are looking to develop more environmentally friendly compounds, property owners are left to bear the cost of potential testing and remediation associated with PFASs.
The most common route for PFAS exposure is ingestion, which can occur through drinking contaminated municipal water, eating fish caught or raised in PFAS-contaminated bodies of water, or from eating foods that were stored in direct contact with a PFAS-coated surface. Other, less common, routes of exposure include the use of cosmetics, non-stick cookware, stain-repellent/water-resistant household goods, and cleaning products containing PFASs.
The full extent of potential adverse effects of PFAS exposure in humans is still being debated by scientists and medical experts. It has been linked to changes in thyroid, liver, and pancreatic function; high cholesterol levels; learning disabilities in children; fertility problems in females; and an increase in the risk of some cancers. Federal and state governments recognize PFAS as a potential health issue. Some environmental experts predict that the scope of this problem may be worse than the asbestos issue of the 70s, 80s, and 90s.
So, how does a property owner or owner representative protect their commercial assets from the possible consequences of PFAS contamination, which can include personal exposure, liability issues, and financial repercussions? First, you need to determine if PFAS contamination exists on the property. This can be achieved by engaging the services of a qualified environmental consultant who will perform a detailed due diligence investigation. If, as a result of due diligence, PFAS presence is suspected, your consultant will follow up with an environmental sample analysis. From there, a baseline PFAS level can be established to determine your property’s compliance with proposed environmental cleanup standards. This baseline can protect you from future claims against your property from neighboring property owners. Additionally, identification of potential impacts will also alert you to possible groundwater contamination issues that may impact local sources of drinking water.
Environmental regulations constantly change and expand to include previously unknown compounds of concern; PFASs are an example. And, while specific cleanup standards for PFASs have not yet been established, amendments to the Safe Drinking Water Act were proposed on August 7, 2017, and several interim drinking water standards have been established for PFAS compounds. The NJDEP has already included testing for PFAS compounds during groundwater sampling at some sites, and this requirement is soon likely to expand considerably. It is imperative that your environmental consultant and/or Licensed Site Remediation professional (LSRP) be aware of the potential impacts PFASs may have on you, your property, your clients, and your business. ESA has the qualifications and experience to identify your potential PFAS risks and to confirm them through a diligent review of historical data and environmental sample analysis. Ask ESA. We’re here to help.
More information regarding PFAS can be found at NJDEP’s PFAS webpage: http://www.nj.gov/dep/srp/emerging-contaminants/