Emerging Contaminants Emerging Contaminants PFAS Welcome Per- and - - PowerPoint PPT Presentation

Emerging Contaminants Emerging Contaminants

Welcome May 2020

PFAS Per- and Polyfluoroalkyl Substances

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

• 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
• Category of 4,000+ human made industrial chemicals
• Carbon backbone with functional group
• “Tail” hydrophobic & oleophobic
• “Head” hydrophilic
• Persistent in the environment
• Mobile
• Bioaccumulative

PFAS : Per- and Polyfluoroalkyl Substances

• PFOS – Perfluorooctane Sulfonate
• PFOA –Perfluorooctanoic Acid

Where did PFAS Come From? Where did PFAS Come From?

Industrial Uses Industrial Uses

Textiles & Leather Paper Products Metal Plating & Etching Wire Manufacturing Industrial Surfactants, Resins, Molds, Plastics Photolithography, Semiconductor Industry Firing Fighting Foams

Factory or consumer applied coatings to repel water,

• il, stains, including outer-ware, umbrellas, tents, sails,

carpets, upholstery, etc. Surface coatings to repel grease and moisture. Non- food paper packaging, food contact materials.

Corrosion prevention, mechanical wear reduction, surfactant, fume suppressant for chrome, copper, nickel and tin electroplating.

Coating and insulation.

Manufacture of plastics and fluoropolymers, rubber, compression mold release coatings; plumbing fluxing agents; composite resins, etc..

Photoresists, anti-reflective coatings, etchants, etc. Automobile & chemical fires, training facilities, airports

Sector Example Uses

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

• nly 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

• f

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

Site Investigation - Challenges Site Investigation - Challenges

Our perspective is that there will be some sites for which delineation is required by the WDNR, a Buyer, or be appropriate based on past use. As with other contaminant compounds, WAC, Chapter NR 716 requires vertical and horizontal delineation - Emerging Contaminants are no different in this regard. Challenges exist:

• Sampling challenges (potential for cross-contamination)
• Analytical method/certifications (none currently in Wisconsin)
• Groundwater – surface water mobility
• Licensed landfill disposal (won’t currently accept PFAS contaminated soil if

known to exist)

• Limited soil standards; no groundwater standards
• Undefined clean-up goals
• Background concentrations

Clean-up Options Clean-up Options

Industry has found ways to remove PFAS from water matrix. These technologies include activated carbon treatment, ion exchange resins, and high- pressure membranes, like nanofiltration or reverse osmosis.

• Granular Activated Carbon (GAC) – Chemicals like PFAS stick to the small pieces
• f carbon as the water passes through.
• Ion Exchange Resins –Small beads (called resins) are made of hydrocarbons that

work like magnets. The chemicals stick to the beads and are removed as the water passes through.

• Nanofiltration and reverse osmosis –A process where water is pushed through a

membrane with small pores. The membrane acts like a wall that can stop chemicals and particles from passing into drinking water.

• Very limited soil/in situ clean-up technologies at this point in time.

Background Concentrations Background Concentrations

Other Concentrations Other Concentrations

Note: blood levels are dropping in the population Note: parts per billion

Voluntary Party Liability Exemption Program Voluntary Party Liability Exemption Program

The VPLE Program was established by the WDNR to limit owner’s liability.

• WDNR may require evaluation of Emerging Contaminants based
• n Phase I ESA findings or their belief that PFAS could have

historically been used at the property;

• Investigation activities may include soil and groundwater (and
• ther media) sampling;
• WDNR is currently evaluating whether to provide a liability

clarification either with or without Emerging Contaminants – possibility to issue an Exemption (Certificate of Completion) and have the option to exclude Emerging Contaminants;

• WDNR is evaluating insurability.

Past Examples of Changing Regulations Past Examples of Changing Regulations

• Polycyclic Aromatic Hydrocarbons (PAHs)
• Evolved from TPH/DRO bulk analysis to analysis of

individual compounds

• Very low standards for some compounds
• Ubiquitous in the urban environment
• WDNR has recently relaxed the standards and is

considering doing so again in the near future

• Vapor Intrusion
• Relatively recent regulatory requirement that affected

investigation and closure requirements

• Requirements have continued to change with time and have

become progressively prescriptive and exhaustive

Conclusions Conclusions

• Don’t panic – we’ve seen moving regulatory targets before and will again
• A thoughtful Phase I ESA is all the more important – know what you’re

looking at

• Currently a State vs Federal regulatory issue
• The water standards will be extremely low, and samples may be easily

cross-contaminated

• If you have a potential source of Emerging Contaminants, consider being

proactive (i.e., source reduction)

• Be patient
• Be prepared and hire a strong team