On April 19, 2024, the Environmental Protection Agency (EPA) designated two types of per- and polyfluoroalkyl substances (PFAS), perfluorooctanoic acid and perfluorooctanesulfonic acid, as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). PFAS are a large group of manufactured chemicals first created in 1940 for use in a wide range of industrial and consumer products from fire-fighting foam to non-stick cookware and water-resistant fabrics. PFAS are referred to as “forever chemicals” because of their persistence in the environment. Exposure to PFAS has been linked to serious health consequences for humans, which spurred the EPA to establish regulatory requirements.
Designating PFAS as a hazardous substance under CERCLA will have significant implications for design professionals, especially environmental consultants who routinely prepare Phase 1 Environmental Site Assessments (ESAs) to assess contamination on a property. Going forward, Phase 1 ESAs must address PFAS as a recognized environmental condition. In providing the Phase 1 ESA, design firms must advise clients that a project with potential PFAS contamination has to be addressed proactively to forestall adverse consequences initiated by the EPA or the client. This resource map from the Environmental Working Group details sites that are known to have PFAS contamination in the US.
As we noted in our earlier blog post, if a contaminant has not been declared a hazardous substance under CERCLA, inclusion in a Phase 1 ESA is optional.