PFAS and your business: remediating PFAS impacts | JD SupraEPA’s PFAS Strategic Roadmap identifies several avenues for organizations that have...

PFAS and your business: remediating PFAS impacts | JD SupraEPA’s PFAS Strategic Roadmap identifies several avenues for organizations that have...PFAS and your business: remediating PFAS impacts | JD Supra
EPA’s PFAS Strategic Roadmap identifies several avenues for organizations that have historically used or currently use PFAS to remediate these compounds or remove them from waste streams or drinking water. While there are viable technologies to support these actions, detailed evaluations are needed to optimize their deployment.

As your business considers taking future actions in an evolving regulatory landscape, this article offers information regarding:

Proposed federal regulations that could require businesses to remediate PFAS substances;
The latest in remediation technologies, approaches, and efficacy; and
The importance of considering proactive PFAS investigation and remediation.
I. Federal Laws Could Require PFAS Remediation
There are two federal laws that could serve as an impetus for businesses to remediate PFAS substances in the near future: (1) the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”); and (2) the Resource Conservation and Recovery Act (“RCRA”).

While this article is focused on federal laws and regulations, it is important to note that several states are already requiring the investigation and remediation of PFAS impacts under state law.

A. CERCLA
EPA has confirmed that it will issue a final rule in the summer of 2023 designating PFOA and PFOS as “Hazardous Substances” pursuant to CERCLA. See BCLP’s Client Alert for additional details. The final rule will have significant impacts on industries that have interacted with these two PFAS compounds and any other PFAS compounds that are subsequently added to the CERCLA “Hazardous Substances” list. These impacts include the following: