Source: https://www.defence.gov.au/Environment/pfas/PFAS.asp
PFAS may seem like an obscure scientific acronym, but we encounter these chemical compounds—dubbed “forever chemicals”—in our food, water, air, and soil.
PFAS are perfluoroalkyl and polyfluoroalkyl substances, a family of over 4,000 man-made surfactant compounds manufactured to repel water and oil/grease. Since the 1940s, PFAS have been widely used in commercial and industrial applications, including many consumer products that can be found in every household: Teflon non-stick pans, food packaging, stain-resistant upholstery, and more.
Recent studies point to PFAS as a growing concern for communities and clients, including at water systems and brownfield sites. Aspect has recently worked on sites with PFAs concerns, and we summarize the history, background, and current regulations (both the state and federal scale) around this emerging environmental concern.
A Brief History of PFAS: Why Should We Care?
In 1956, researchers discovered that PFAS compounds bind to human proteins, and by the 1970s PFAS were found to accumulate in human blood. In 2000, the American Chemical Society published a study showing the distribution of people with detectable concentrations of PFAS in their blood was at a global scale. Research groups worldwide, including the U.S. Environmental Protection Agency (EPA), are increasingly evaluating the toxicity and potential human health risks of PFAS exposure.
Though limited human epidemiological studies have been conducted to date, laboratory animal studies suggest that adverse health effects due to PFAS may include irregular fetal development, cancer, and liver and thyroid damage, among others.
PFAS in the Environment
Source: https://pfasproject.com/2018/10/02/analysis-of-state-by-state-differences-in-pfas-regulation/
PFAS are released into the environment primarily from locations with long-term use of aqueous fire-fighting foams (military sites, airports, and fire-training facilities), industrial facilities that produce metal plating or directly produce PFAS, and landfills that receive municipal or industrial wastes. One of the main exposure pathways for the general public is via PFAS-impacted drinking water.
Of about 6,000 public water systems monitored by the EPA for PFOA and PFOS between 2013 and 2015, approximately 80 public water systems were found to contain the compounds at concentrations above the EPA’s Lifetime Health Advisory level of 70 parts per trillion (ppt). In Washington State, Aspect is incorporating testing for select PFAS compounds into drinking water aquifer monitoring programs at the request of municipalities.
Current State vs. Federal PFAS Regulatory Context
Despite the public and regulator awareness and general acceptance of the risks associated with PFAS exposure, PFAS compounds are not currently identified as hazardous substances in federal regulations to enforce investigation and cleanup standards. In 2019, the EPA released a PFAS Action Plan outlining an approach for their response, which is in progress. The plan suggests that in the relatively near future, we can expect to see at least the two most well-researched compounds, PFOA and PFOS, listed as hazardous substances at the federal level, by Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or other pathways.
In the meantime, 28 states are forging ahead with state-level regulations in lieu of EPA enforceable action and CERCLA status. In Washington, the state legislature recently passed two bills limiting uses of PFAS in food packaging and Aqueous Film-Forming Foams (AFFFs) in 2018 (Engrossed State House Bills 2658 and 6413). Additionally, the Washington State Department of Health (DOH) is developing an amendment for Chapter 246-290 of the Washington Administrative Code (WAC) to address PFAS in drinking water in Washington. This amendment includes state action levels for the EPA’s two target compounds, PFOA and PFOS, as well as three additional compounds (PFHxS, PFNA, and PFBS).
The DOH is proposing a more protective approach than the EPA by setting the draft state action levels for PFOA and PFOS for Group A public water systems at 10 ppt and 15 ppt, respectively—lower values than the EPA’s Lifetime Health Advisory value of 70 ppt. DOH is projecting to finalize the amendment in 2021.
Learn More About PFAS
PFAS Draft Chemical Action Plan (CAP) – October 2020
Long-awaited Washington state plan (a joint publication by the DOH and Ecology) that offers recommendations to reduce PFAS exposure to humans and the environment. The public comment period is currently open until December 7, 2020.
Click here to access the public comment form.
Washington State Department of Health
Resource to learn more about PFAS, and a guide to statewide and nationwide initiatives to address public health concerns related to PFAS.
EPA PFAS Action Plan
National PFAS Action Plan detailing how the EPA is addressing PFAS identification, mitigating exposure, and engaging with affected communities. Refer to the EPA’s homepage for more information.
Safer States
A nationwide coalition of advocates, policymakers, and scientists who collect data on current PFAS policies and guidelines by state, which is then used to make PFAS policy and mitigation recommendations to the federal government.
PFAS-Free Products
A comprehensive list of products and brands from apparel to cookware to furniture that do not contain PFAS.
PFAS Next Steps in the Pacific Northwest
In October 2020, Washington State Departments of Health and Ecology published their PFAS Draft Chemical Action Plan (CAP). The draft CAP has been in development since 2016 and includes recommended actions to reduce human and environmental exposure based on a comprehensive assessment of known and potential sources and occurrences of PFAS in Washington State. The public comment period started on October 7, 2020, and closes on Monday, December 7, 2020. DOH and Ecology are projecting to finalize the CAP in 2021.
Applying State-of-the-Science Insight to PFAS Cleanup and Monitoring
The lack of federal PFAS guidance creates significant challenges for industry and public officials as they assess environmental liability and community impacts. Aspect is working on several projects to help clients problem-solve PFAS challenges, including applying state-of-the-science PFAS data to help municipalities evaluate and monitor wellhead protection programs.
On December 9, 2020, Aspect Senior Geologist Ali Cochrane and Associate Environmental Scientist Kirsi Longley will be presenting on PFAS at the CLE Bootcamp, an annual event for the continuing education of legal professionals, hosted by The Seminar Group. If you are interested in arranging a PFAS presentation for your team/organization or want to learn more about how Aspect can provide PFAS support, please reach out to Ali Cochrane and Kirsi Longley.