In a significant development, the U.S. Environmental Protection Agency (EPA) could mandate additional examinations and clean-ups related to Per- and polyfluoroalkyl substances (PFAS) at properties that were already considered remediated. This information comes from a conversation between Sarah Mattalian, an Inside EPA reporter, and an EPA official, highlighting the agency’s deepening commitment to managing the impact of PFAS.
PFAS are a group of human-made organic compounds used in a wide variety of commercial, industrial and residential products given their resistance to heat, water, and oil. Their ubiquitous nature and stability render them a complex environmental concern. Depending on its extent, the newly proposed measures could necessitate significant expenditure for both public and private entities, even in areas thought to be “closed” Brownfield sites.
While the EPA’s plan is in its initial stages, it does indicate the regulator’s continual concern on the issue of PFAS. Traditionally, PFAS have not been high on the priority list of remediation efforts, particularly in the context of Brownfield sites. Brownfield sites are properties that may have an actual or potential presence of hazardous substances, pollutants, or contaminants that can make reuse complicated.
According to the conversation with the EPA official, the EPA may require further PFAS investigations and remediation efforts even in already remediated properties. This might stand due to PFAS presence alongside other chemicals existing in both soil and groundwater at these properties. This new requirement could potentially disrupt existing and future land use plans and incur additional costs for cleanup.
This revelation is an essential notification to corporations and law firms, particularly those dealing with real estate and environmental law. It throws light on the emerging regulatory landscape surrounding PFAS and the financial obligations that might subsequently fall on companies and municipal authorities.
Recognition of PFAS contamination and corresponding legislation fall under an increasingly scrutinized area of environmental law. Firms and corporations should monitor the situation closely and prepare for possible regulatory changes. Corporates could be well-advised to begin estimating potential impacts and strategizing about how best to manage risks relating to PFAS remediation.
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