Mar 29, 2023
Evaluating Emerging Contaminants, like PFAS, as a Non-Scope Consideration
ASTM's updated Phase I Environmental Site Assessment Standard finally goes live
The American Society for Testing and Materials (ASTM) International E1527-21 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" became effective on February 13, 2023, after a multi-year collaboration process and addressing significant public comments. Highlights of the changes to the standard include details on the role of the Environmental Professional, clarity on definitions, expansion of historical review of adjoining properties and the addition of the evaluation of Emerging Contaminants, including per- and polyfluoroalkyl substances (PFAS) as a non-scope consideration. This adds the evaluation of these organofluorine chemicals to the list of traditional non-scope considerations, such as asbestos, lead paint, mold, and wetlands.
What are PFAS, and what are the current regulations?
PFAS are a family of man-made chemicals widely used in industrial, commercial, and consumer applications since the 1950s. They are resistant to heat, water, and oil, making them useful in non-stick cookware, stain-resistant fabrics, firefighting foam, and many other products and processes. Due to their persistence and potential health impacts, there has been increasing regulatory attention and public concern over PFAS in recent years. Perfluorooctane sulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) are the most commonly known as they received the earliest attention. PFAS are not listed as "hazardous substances" under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); however, the U.S. EPA proposes to designate PFOS and PFOA as such and is in the process of reviewing public comments. Currently, only a few states regulate one or more PFAS as hazardous substances.
Why evaluate properties for PFAS?
Evaluating emerging contaminants such as PFAS during a Phase I Environmental Site Assessment is becoming more germane as the body of regulations around these substances evolves and subsequent liability increases. Performing a preliminary evaluation of PFAS can help identify potential liability and regulatory risks associated with future ownership and use of a property. Environmental risks associated with PFAS are increasing, as demonstrated by the U.S. EPA's proposed Drinking Water Regulations to establish legally enforceable Maximum Contamination Levels for PFOA and PFOS. Many states are moving forward in developing soil, groundwater and drinking water standards, in addition to restrictions on the manufacturing and selling articles containing PFAS.
What does this mean for organizations using Phase I ESAs?
An evaluation of emerging chemicals, like PFAS, can be performed during a Phase I ESA. Processes commonly used to analyze other environmental conditions during due diligence can also help develop an understanding of otherwise unclear site risks associated with these chemicals, like reviewing (i) current and historic site and surrounding land use; (ii) chemical use and reporting; and (iii) proximity to known sources of PFAS. This work could lay the foundation for what should come next: further property assessment that incorporates the testing for PFAS in soil, groundwater, and surface water; or using other resources such as contracts and insurance to help manage potential exposure.
