On March 14, 2023, the Environmental Protection Agency (EPA) announced a new proposal for the regulation of six PFAS substances: PFOS, PFOA, PFNA, PFBS, PFHxS, and GenX. These regulations have not been enacted, with concentration limits as low as 4 parts per trillion (ppt), a concentration that is likely to be exceeded in groundwater across the country. Additionally, PFOS and PFOA have been designated as hazardous substances, expanding liability to property owners or operators where PFAS-containing products have been utilized.
The EPA's finalized regulations aim to mitigate thousands of deaths and serious illnesses attributed to PFAS contamination. The implementation of these regulations requires all states and water systems to take on the responsibility of cleanup efforts, which typically involves installing treatment systems or switching to an alternative water supply. Managing the testing, handling, and disposing of PFAS can be a complicated, costly process, and requires water contamination expertise. Water systems nationwide have already begun seeking effective communication, treatment, and funding strategies.
At SL Environmental Law Group, we understand the concerns and challenges that water systems face in dealing with PFAS contamination. This playbook offers guidance on communication strategies, treatment options, and preparation for regulatory compliance and cost recovery.
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Communication Strategy
Between the upcoming federal regulations proposed by EPA and the growing public concern over PFAS contamination, water systems affected by PFAS will continue to garner even more public attention.
Treatment Options
PFAS cleanup often requires complex, expensive treatment processes. Understanding what all of your options are, their pros and cons, and which option is best for you is the first step in choosing the right technology.
Strategy for Cost Recovery
One prominent option to offset the compounding costs of PFAS detection is to use the legal process to hold the manufacturers of the products containing PFAS accountable, a strategy that is building momentum.