Understanding the EPA’s New PFAS Rules: A Guide to Compliance and Cleanup
Are PFAS regulated? This question is increasingly essential for businesses as they navigate evolving environmental standards and ensure compliance with emerging regulations.
The U.S. Environmental Protection Agency (EPA) has been focusing intensively on regulating per- and poly-fluoroalkyl substances (PFAS), given mounting evidence of their potential health risks and persistence in the environment.
Often referred to as “forever chemicals,” PFAS compounds, such as perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), are used in many industrial applications and consumer products.
How do the new EPA regulations on PFAS impact businesses, essential compliance, and cleanup steps? Let’s start with some history.
PFAS Regulations Background
As of 2024, the EPA has implemented several significant rules for PFAS, targeting these chemicals under multiple statutes to minimize public and environmental exposure. Key regulatory actions include:
National Drinking Water Standards: The EPA introduced a maximum contaminant level of four parts per trillion (ppt) for certain PFAS, which includes PFOA and PFOS. This rule affects public water systems nationwide, holding them to strict testing and filtration requirements to limit PFAS in drinking water.
Toxic Release Inventory (TRI) Updates: The agency added seven more PFAS chemicals to the Toxic Release Inventory and imposed lower thresholds for reporting, aiming for better transparency and tracking of PFAS use and emissions.
CERCLA Hazardous Substance Designation: The EPA’s 2024 rule now designates PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. This designation holds entities that contribute to PFAS contamination financially accountable for cleanup.
What Do the New CERCLA PFAS Regulations Mean for Businesses?
CERCLA is the primary framework for addressing hazardous waste sites, and the recent inclusion of PFOS and PFOA has significant implications. For businesses involved in manufacturing, airports, fire training sites, or industries with high PFAS usage, this designation means potential liability for cleanup costs if contamination occurs. Even if a business does not directly use PFAS, it could still face liability if PFAS are detected on their property or in nearby environments.
To establish liability, the EPA requires proof of the following:
A release of a hazardous substance, such as PFAS, from a facility
Resulting cleanup response costs
Business responsibility, whether as a current or former owner/operator, transporter, or arranger of hazardous substances
Compliance Steps for Businesses
Compliance with EPA PFAS regulations involves both immediate and proactive measures. A critical first step is to conduct a Phase I Environmental Site Assessment (ESA), which helps determine any recognized environmental conditions (RECs) on the property. If PFAS presence is suspected or confirmed, a Phase II ESA can offer a more detailed analysis to assess the extent and potential source of contamination.
Phase I ESA: This preliminary assessment helps businesses identify potential sources of PFAS and decide whether to proceed with further investigation.
Phase II ESA: In cases where PFAS contamination is likely, this assessment focuses on site-specific conditions, including PFAS sources and soil and groundwater contamination levels.
Remediation Plans: Once PFAS are detected and verified as a REC, companies may need to formulate a remediation strategy, such as using filtration systems to prevent contamination spread. Filtration methods like granular activated carbon and ion exchange resins are standard for PFAS removal.
Consulting with Experts: Working with knowledgeable consultants at CES who are well-versed in EPA’s evolving PFAS regulations is essential. Our expertise in CERCLA, the Safe Drinking Water Act, and other regulatory frameworks allows for tailored solutions that help clients manage liability and stay compliant with EPA standards.
EPA’s Enforcement Discretion and Florida’s Response to PFAS Regulation
The EPA has signaled its intent to target significant contributors to PFAS contamination, including manufacturers and specific federal facilities. However, it has also issued an enforcement discretion policy to shield certain entities, such as community water systems or municipal landfills, from liability if they indirectly receive PFAS contamination. This memo provides relief for businesses with minimal PFAS involvement, emphasizing a balanced approach to enforcement.
In Florida, the Department of Environmental Protection (FDEP) has also responded by establishing Provisional Cleanup Target Levels (P-CTLs) and setting thresholds for PFAS in groundwater and soil to guide site assessments and remediation. The FDEP has enforced standards of 70 ppt for PFAS in groundwater, with plans to update regulations in line with EPA’s standards if no federal guidance is provided by early 2025.
Essential Steps for Cleanup and Liability Management
To effectively manage cleanup and mitigate liability risks, businesses should consider the following steps:
Establish PFAS Source and Spread: Understanding the extent and source of PFAS is critical, particularly in groundwater or areas where contamination could impact adjacent properties.
Develop a Cleanup Strategy: Options include in-situ filtration systems that restrict PFAS migration and ex-situ treatments for water supplies, which prevent PFAS from reaching consumers.
Prepare for Future Regulation: Staying informed and proactive is crucial as the EPA expands its PFAS regulations. Developing a compliance plan with environmental consultants helps ensure that all necessary steps are taken for ongoing regulatory shifts.
Navigate PFAS Compliance By Partnering With Environmental Experts
As the EPA expands PFAS regulations, businesses and property owners face increased challenges in ensuring compliance. Adapting to the latest CERCLA amendments and new drinking water standards can be complex, especially when determining if PFAS are regulated and considering potential liabilities and response costs.
At CES, we’re equipped to navigate these evolving regulations and address contamination concerns with thorough assessments, compliance guidance, and strategic remediation planning. If your business is affected by EPA PFAS regulations or you want to manage your environmental responsibilities proactively, contact us to secure a safer, compliant future.
