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

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.