Two common forms of perfluoroalkyl and polyfluoroalkyl substances (PFAS) are scheduled to become designated as “hazardous substances” and be subject to the federal Comprehensive Environmental Response, Compensation, and Liability (CERCLA) Act in the fall of 2023. The two forms of PFAS that will become part of the Act as hazardous substances are PFOA and PFOS. This longstanding act provides a Federal "Superfund" to clean up uncontrolled or abandoned hazardous-waste sites as well as accidents, spills, and other emergency releases of pollutants and contaminants into the environment. The rule making was completed in the fall of 2022.

IMplications and Funding

PFOA and PFOS being subject to CERCLA are significant because it casts a wide net of implications with regard to environmental law and property law.  These implications for PFOA and PFOS will be sorted out in the coming years. The removal actions under CERCLA are meant to be undertaken promptly to abate, prevent, minimize, stabilize, mitigate, or ideally eliminate the threat of a hazardous substance or hazardous waste at a particular site.

A funding mechanism for municipalities dealing with PFOA and PFOS remediation and waste products (e.g. spent water treatment media) is provided under CERCLA.

Changes to Other Standards

The change also has implications to other standards that relate to CERCLA hazardous substances.  For example, the American Society for Testing and Material (ASTM) has a standard for conducting Phase 1 Environmental Assessments (Phase 1).  These protocols are published in ASTM E1527 standard.  A Phase 1 assessment identifies and outlines potential risks associated with specific properties. In general, a Phase 1 assessment is used in property sale transactions or when construction work is being planned at a particular site. The E1527 standard was not originally written with PFAS included as a CERCLA hazardous substance.  The ASTM E1527 standard is now being modified and streamlined to take into account PFOA and PFOS.  A detailed article on this specific topic is available in the Municipality publication in the February 2023 issue.  See the link to this article here.

As a reminder, effective August 1, 2022, communities are required to conduct the initial sampling for PFOA and PFOS as follows: 

  • Systems serving more than 50,000 people – Sample beginning November 2022 

  • Systems serving between 10,000-49,999 people – Sample beginning February 2023 

  • Systems serving less than 10,000 people – Sample beginning May 2023 

 

If you have questions or need help complying with PFAS implications, please contact an expert with RM today.

 

About the Author

DavID W. Arnott, P.E.

TEAM LEADER / Senior Project Manager

Dave has extensive experience in the planning, design, and construction project management of wastewater treatment facility renovation and upgrade projects. Areas of expertise include treatment processes, hydraulics, mechanical equipment, and wastewater disinfection. He also has experience in sanitary and water pumping station design and sanitary sewer wet weather facilities.