Emerging Contaminants Emerging Contaminants PFAS Welcome Per- and Polyfluoroalkyl Substances May 2020
Presenters Presenters Joshua Neudorfer Josh is a Senior Consultant with 25 years of experience in the environmental and engineering consulting industry with a background in contaminant hydrogeology, property transactions, and urban redevelopment. He is responsible for developing project strategies, overall project direction and content, and implementation. In addition, Josh helps lead project development activities at Sigma. Mr. Neudorfer has led numerous sessions focused on community awareness and involvement. Serves on Clean Wisconsin Board of Directors and is an Urban Ecology Center Development Committee Member and long time NAIOP Programs Committee Member. Adam Roder, P.E., P.G. Adam is a Senior Engineer responsible for managing all aspects of environmental brownfield redevelopment projects: designing and implementing subsurface investigations; interpreting soil, groundwater, and soil vapor data; designing and implementing remediation strategies; performing computer analyses; and completing reports for clients and regulatory agencies. He has over 22 years of experience as a geological engineer.
Emerging Contaminants Emerging Contaminants PFAS : Per- and Polyfluoroalkyl Substances • PFOS – Perfluorooctane Sulfonate • PFOA –Perfluorooctanoic Acid ● Category of 4,000+ human made industrial chemicals ● Carbon backbone with functional group “Tail” hydrophobic & oleophobic ● “Head” hydrophilic ● ● Persistent in the environment ● Mobile ● Bioaccumulative Carbon-fluorine bond is incredibly strong ● Fluorine atoms shield carbon from chemical ● reactions Do not undergo biotic or abiotic ● degradation Thermally degrade only above 1,800 F ●
Where did PFAS Come From? Where did PFAS Come From?
Industrial Uses Industrial Uses Sector Example Uses Factory or consumer applied coatings to repel water, Textiles & Leather oil, stains, including outer-ware, umbrellas, tents, sails, carpets, upholstery, etc. Surface coatings to repel grease and moisture. Non- Paper Products food paper packaging, food contact materials. Metal Plating & Etching Corrosion prevention, mechanical wear reduction, surfactant, fume suppressant for chrome, copper, nickel and tin electroplating. Wire Manufacturing Coating and insulation. Manufacture of plastics and fluoropolymers, Industrial Surfactants, rubber, compression mold release coatings; Resins, Molds, Plastics plumbing fluxing agents; composite resins, etc.. Photolithography, Photoresists, anti-reflective coatings, etchants, etc. Semiconductor Industry Firing Fighting Foams Automobile & chemical fires, training facilities, airports
Consumer Products Consumer Products • Paper & packaging ( fast food wrapping ) • Clothing and carpets • Outdoor textiles and sporting equipment • Ski and snowboarding waxes • Non-stick cookware – teflon • Teflon plumbing tape • Cleaning agents and fabric softners • Polishes, waxes, latex paints • Paints, varnishes, dyes, and inks • Adhesives • Medical products • Personal care products (e.g., shampoo, cosmetics, dental floss )
Common PFAS Sites Common PFAS Sites ● Fire Training / Response Sites / Airports ● Industrial & Chemical Manufacturing Sites ● Landfills ● Wastewater Treatment Plants (WWTPs) ● Metal Plating Facilities (fume suppressants) ● Biosolids Spreading Locations (farm fields)
What is the problem with PFAS? What is the problem with PFAS? Exposure + Toxicity = Potential Health Risk Animal studies have shown negative effects on: • Liver • Immune System • Reproduction and development • Thyroid • Cancers Probable links to human health effects (highly exposed populations): • Childhood growth and development • Hormone regulation • Increased cholesterol levels • Immune system effects • Cancer risk Epidemiological studies continue...
Federal Regulations Federal Regulations • Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) • At this time, PFAS, including PFOA and PFOS, are not listed as CERCLA hazardous substances but may be addressed as CERCLA pollutants or contaminants per 40 CFR 300.5. • While not considered a hazardous substance, the CERCLA statutes require that Superfund response actions ensure protectiveness of human health and the environment and establishes the calculation of risk-based goals to determine clean-up levels when chemical-specific “applicable or relevant and appropriate requirements (ARARs) are not available or determined to not be sufficiently protective.” • Safe Drinking Water Act (SDWA) • The SDWA is the federal law that protects public drinking water supplies. • Under the SDWA, the USEPA has the authority to set enforceable Maximum Contaminant Levels (MCLs) for specific chemicals and require testing of public water supplies. • USEPA has not established MCLs for any PFAS . However, in May 2016, USEPA established a Health Advisory Limit (HAL) for PFOA and PFOS in drinking water of 70 ng/L. The HAL is advisory only and not legally enforceable. • Toxic Substances Control Act (TSCA) • TSCA authorizes the USEPA to require reporting, record-keeping, and testing of chemical mixtures that may pose a risk to human health. • TSCA allows USEPA to issue Significant New Use Rules (SNURs) to limit the use of chemicals; the USEPA has issued SNURs for at least 277 chemically-related PFAS (USEPA 2017) placing significant restrictions on the use and import of PFAS and allowing only limited uses in select industries
WDNR Regulations WDNR Regulations • In February 2018, the WDNR stated they had the authority to regulate emerging contaminants, which include perfluoroalkyl substances (PFAS) via Wis. Stat. § 292.01. As such, discharges of PFAS require immediate notification, investigation and remediation in Wis. Admin. Code chs. NR 700 through 754 ( assuming they’ve been detected ). • With respect to soil, non-industrial direct contact RCLs for both PFOA and PFOS were set at 1.26 mg/kg. The industrial direct contact RCLs for both PFOA and PFOS were set at 16.4 mg/kg. WDNR did not yet establish pre-determined, protection of groundwater RCLs for these compounds. • The WDNR did not specify groundwater cleanup standards, but referenced the federal EPA’s cumulative Health Advisory Level (HAL) of 70 parts per trillion (ppt) for two of the most prevalent PFASs detected in drinking water. • Pending: WI Dept of Health Services has recommended the adoption of NR140 Groudwater Quality Standards of 2 ng/L (ppt) Preventative Action Limit (PAL) and 20 ng/L (ppt) Enforcement Standard (ES). Rule-making process progressing with expected rule publication in summer 2022.
Concentration Analogies Concentration Analogies ppt = part per trillion = ng/L • vs. part per million (ppm or mg/L) • or part per billion (ppb or ug/L) Part per trillion analogies: 1 square inch in 250 square miles 1 second in nearly 32,000 years 1 ounce in 7.5 billion gallons of water 6-inches out of the 93 million-mile journey toward to the sun
Other States’ Regulations Other States’ Regulations Many states have adopted or proposed a patchwork of water regulations and standards: NY PFAS 10ppt Proposed (Regulation) CA PFOS 13ppt Approved (Regulation) NJ PFOS 13ppt Pending (Regulation) NJ PFNA 13ppt Approved (Regulation) MN PFOS 15ppt Approved (Health Advisory) MN PFOA 35ppt Approved (Health Advisory) VT 5 PFAS 20ppt Approved (Enforcement Standard) MA 5 PFAS 70ppt Approved (Regulation) WI PFAS 2/20ppt Pending (PAL/ES Regulation)
What does ASTM Say? What does ASTM Say? E1527 – Standard practice for environmental site assessments - Phase I ESA: • In April 2019 ASTM E50 Committee on Environmental Assessments met in Denver to discuss revisions: • Clarifications to the HREC (Historic – closed to below residential standards with no use restrictions) and CREC (Controlled – closed with contamination in place) ; • Expansion of Historical Research to adjoining properties (expand to require investigation of neighboring properties); • A footnote and edits to the Non-Scope Considerations appendix to acknowledge growing regulator attention to emerging contaminants, especially PFAS (chemicals will not be expressly named in the standard, but language will be included to alert Phase I ESA providers that releases of chemicals that are not classified as “hazardous substances” may be considered “in scope” for compliance with state regulations or contractual obligations). • Proposed revisions to standard being considered for 2021 release.
Due Diligence – What should you do? Due Diligence – What should you do? Phase I ESA • Evaluate industrial processes & uses • Potentially address as a Business Environmental Risk – Cover Letter • Await ASTM updates anticipated for 2021 • Expect discussions with client & consultant If current/former/adjacent to: • Major fire(s) • Airport/military base • Fire training facility/fire station • Industrial manufacturer/user • Landfill • Dry cleaner • Biosolids – farm field spreading (check land application records) Then consider: • Phase II ESA
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