Impacts of PFOA & PFOS Designations as Hazardous Substances Effective July 8th
PFAS Designated as Hazardous Substances
Over the past two months, the U.S. Environmental Protection Agency (“EPA”) has announced significant new rules regarding PFAS in the environment, including the adoption of new PFAS drinking water standards and the designation of some PFAS as hazardous substances. The rules are creating wide-ranging impacts.
On May 8, 2024, the EPA published in the Federal Register its Final Rule designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). The rule becomes effective on July 8th.
New PFAS Drinking Water Standards
On April 10th, the EPA announced new maximum contaminant levels (MCLs) for six PFAS compounds in drinking water.
- MCLs for PFOA and PFOS = 4.0 parts per trillion (ppt).
- MCLs for PFHxS, PFNA, and HFPO-DA (GenX) = 10 ppt
- For mixtures of two or more of PFHxs, PFNA, HFPO-DA, and PFBS: Hazard Index = 1
Significant Impacts of These Rules
- Cleanup Standards: Many States have adopted 4.0 ppt as a Cleanup Standard for PFOA and PFOS in groundwater.
- Due Diligence & Phase I Environmental Assessments: At a minimum, PFOA and PFOS liabilities must be considered in ASTM Phase I and Phase II ESAs.
- Cost Recovery: EPA will be able to pursue cost recovery claims against Potentially Responsible Parties for PFAS cleanups. Also, as always, private parties may seek contribution or cost recovery from Potentially Responsible Parties (PRPs), including only minor contributors.
- Natural Resource Damages: States may pursue Natural Resource Damages from responsible parties.
- Release Reporting: A release of PFOA or PFOS exceeding its reportable quantity is required to be reported to the National Response Center.
Additional PFAS Considerations:
- Investigation Derived Wastes (IDW): Management of these wastes has now become much more difficult and expensive.
- Dewatering of Excavations: Groundwater pumping and discharging to the ground surface or storm sewers could lead to unexpected liabilities.
- NPDES Stormwater Permits: Some facilities and construction sites will need to manage PFAS in their stormwater runoff.
These are some of the more immediate concerns related to environmental site assessments and remediation. There are many other PFAS issues related to public water suppliers, PFAS waste management, landfills, POTWs, municipal sludge application sites, and community right-to-know reporting, to name a few. And the list will continue to grow as the regulations continue to expand.
ARM Group is here to support you!
ARM Group’s scientists and engineers have been working with landfills, water suppliers, attorneys, developers, lenders, business owners, municipalities, regulators and more to help address their PFAS challenges. And we would be glad to assist you with any questions or issues that you may have.
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