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You are here: Home » Resources » Articles » EPA’s Actions Mean that CRE Will Have to Deal with PFAS

June 4, 2024

EPA’s Actions Mean that CRE Will Have to Deal with PFAS

By Kathryn Peacock and Steven Luzkow

EPA designates two PFAS “Forever Chemicals” as hazardous substances and sets legally enforceable drinking water standards.

By Kathryn Peacock, National Client Manager; and Steve Luzkow, Technical Director, both work at Partner Engineering and Science, Inc., published June 4, 2024

In April 2024, the EPA took a series of steps to crack down on PFAS or “forever chemicals,” which have significant implications for the commercial and industrial real estate sectors. In one of the more significant moves, the EPA finalized the National Primary Drinking Water Regulation (NPDWR) for six PFAS chemicals, which establishes safe drinking water levels referred to as Maximum Contaminant Levels (MCLs).  Additionally, the EPA issued a final rule to designate two of the most widely used categories of PFAS, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate acid (PFOS) and their isomers and salts, as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) also known as Superfund.  The rule has an effective date of July 8, 2024.  Other steps by EPA included updated guidance on the disposal and destruction of PFAS, guidance on enforcement priorities, and moving toward including PFAS in RCRA’s “cradle to grave” framework (February 2024). Read further below for more details about EPA’s actions and the current regulatory environment.

In this Globe St. article, Kathryn Peacock and Steve Luzkow discuss EPA’s crack down on PFAS or “forever chemicals” for drinking water standards.

About the Authors

Kathryn Peacock

Kathryn Peacock

Strategic Director
Kathryn Peacock serves as Principal and National Client Manager for Partner Engineering and Science, Inc. With 20 years of experience under her belt, Kathryn has worked on thousands of transactions, subsurface investigations, and site remediation projects for some of the nation’s largest lenders and investors. She holds a bachelor’s degree in Soil Science from Prescott College and a Master’s in Education from the Arizona Teachers Institute. Kathryn speaks and writes frequently on a wide range of environmental due diligence topics, and is dedicated to advancing standards and best practices through her active involvement with industry associations such as ASTM. Kathryn is also a founding member of EFMR (Environmental Facilities Management Roundtable). Environmental Professionals are frequently unique within their companies, having few peers who understand the unique challenges of their day-to-day. This group was formed to help facilitate dialogue amongst industry professionals.
Steven Luzkow

Steven Luzkow

Technical Director
Steven Luzkow is an Environmental Professional (EP) with more than 30 years of experience as an environmental consultant. Mr. Luzkow serves as a strategic team member in the financial and commercial real estate sectors by combining his extensive knowledge in environmental due diligence with Partner’s national reach of a broad spectrum of services for the management and assessment of real estate to satisfy client objectives. As a Technical Director for Partner Engineering and Science, Inc. (Partner), Steve will be focused on Lender Services, including SBA services, policy development, bank-owned or leased asset due diligence, and more. He drives team participation to manage and satisfy client objectives with a responsive and timely resolution, quality work products, adherence to budgets, and meeting scheduled deadlines. He is responsible for managing due diligence assignments, third party reviews, and lender support services, including underwriting and lender-owned asset assessments. Mr. Luzkow has extensive experience in the all appropriate inquiries (AAI) requirements promulgated under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and related ASTM E1527 Standard Practice for Environmental Site Assessments. Mr. Luzkow integrated CERCLA and the ASTM standard practice in the finance and consulting sectors.

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