Are PFAS Regulated? What New EPA Rules Mean for Businesses
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. They earn this nickname because their strong carbon-fluorine bonds make them highly resistant to natural degradation, allowing them to persist in the environment and the human body for years.
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.
Frequently Asked Questions About PFAS Regulations
Are PFAS regulated at the federal level?
Yes, the U.S. Environmental Protection Agency (EPA) has implemented several regulations to limit PFAS contamination. The most significant include:
A national drinking water standard limiting PFAS concentrations to four parts per trillion (ppt).
The designation of PFOA and PFOS as hazardous substances under CERCLA, holding businesses financially accountable for contamination.
Updates to the Toxic Release Inventory (TRI), requiring industries to report PFAS emissions.
How are PFAS regulated under CERCLA?
Under CERCLA, PFAS contamination can trigger liability for property owners, businesses, and other responsible parties. If PFAS are found on a site, the owner or operator may be required to conduct an investigation, implement remediation measures, and cover cleanup costs.
Which industries are most affected by PFAS regulations?
Manufacturing and Chemical Processing – Facilities using PFAS in coatings, plastics, or textiles.
Aerospace and Defense – Airports and military bases where firefighting foams contain PFAS.
Waste Management – Landfills and wastewater treatment plants that receive PFAS-containing waste.
Property Development and Real Estate – Sites with potential legacy contamination from industrial activities.
What are the penalties for PFAS non-compliance?
Fines and financial liability for cleanup under CERCLA.
Lawsuits from affected communities or regulatory agencies.
Increased scrutiny from investors and stakeholders concerned about environmental risks.
How can businesses protect themselves from PFAS liability?
Proactive site assessments, regulatory compliance monitoring, and working with environmental consultants like CES can help businesses identify and manage PFAS risks before they become costly liabilities.
How Businesses Can Stay Compliant with PFAS Regulations
As PFAS regulations expand, businesses must proactively assess risks, mitigate contamination, and remain compliant. Here are the essential solutions:
Conduct a Phase I Environmental Site Assessment (ESA)
A Phase I ESA is a critical first step in determining whether PFAS contamination may be present on a property. This assessment involves:
A historical site review to identify past uses that may have involved PFAS.
Interviews with property owners, facility managers, and regulatory agencies.
A visual inspection to check for potential contamination sources.
A more detailed Phase II ESA may be required if a Phase I ESA identifies Recognized Environmental Conditions (RECs) related to PFAS.
Perform PFAS Sampling and Laboratory Testing
Unlike traditional pollutants, PFAS require specialized testing methods. If contamination is suspected, businesses should conduct:
Groundwater and soil sampling to determine PFAS concentration levels.
Drinking water testing to comply with new EPA limits.
Air emissions monitoring for industries where PFAS may be released.
Implement PFAS Containment and Remediation Strategies
If PFAS contamination is confirmed, remediation strategies may include:
Granular Activated Carbon (GAC) Filters – Used to remove PFAS from drinking water supplies.
Ion Exchange Resins – Effective in capturing and separating PFAS from water.
Soil Stabilization Techniques – To prevent PFAS from migrating into groundwater.
Pump-and-Treat Systems – Used in industrial facilities to extract and filter contaminated water.
Develop a PFAS Compliance Plan
A strong compliance plan should include:
Regular monitoring and reporting to meet EPA and state requirements.
Employee training on PFAS handling and disposal best practices.
Emergency response plans in case of accidental releases.
Work with Environmental Consultants
Navigating PFAS regulations is complex, and non-compliance can result in severe financial and legal consequences. Partnering with an environmental consultant like CES ensures businesses stay ahead of regulatory changes, liability risks, and remediation challenges.
Stay Updated on Emerging PFAS Regulations
PFAS regulations are rapidly evolving, with federal and state agencies introducing new limits and reporting requirements. Businesses should:
Monitor regulatory updates from the EPA, FDEP, and other agencies.
Adjust their environmental strategies based on new compliance mandates.
Plan for future liabilities by staying proactive rather than reactive.
Protect Your Business from PFAS Liabilities with CES
Are PFAS regulated? Yes, and the evolving regulations can significantly impact your business. Navigating PFAS compliance requires expert guidance and proactive management to avoid costly liabilities. Whether you need site assessments, regulatory compliance assistance, or remediation strategies, CES has the experience and resources to help.
Contact us today to develop a PFAS compliance plan that protects your business and ensures adherence to the latest regulations.
