Navigating the Latest Ruling: “Forever Chemicals” Impact on Phase I Environmental Site Assessments

Written by: Scott Dombrowski

Back in April of 2024, the Environment Protection Agency (EPA), announced designating two per-and-polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). These substances, also known as “forever chemicals” are a group of contaminants often found in consumer goods and household products. The nickname “forever chemicals” alludes to the fact that these chemicals do not break down and persist in our environment.

While research has pointed to inhalation and possible direct contact human exposure pathways, ingestion of PFAS is considered a major route of exposure from drinking PFAS contaminated water or ingesting food contaminated with PFAS from packaging (popcorn bags, fast food containers, and pizza boxes). These substances, while useful in their ability to repel water, grease, and oil have become a serious health risk.

With the effective date of July 8, 2024, EPA’s designation of two PFAS compounds, namely perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), inclusion of PFAS will now be a critical factor in Phase I Environmental Site Assessments (ESAs).

What does this mean for your commercial property transactions?

• There will be an increased level of inquiry into current and historical reviews of subject properties, adjoining properties, and surrounding properties that are suspected to have used PFAS in their processes.
• Various manufacturing processes will now be under consideration as potential sources of PFAS. This may result in an increase of identified Recognized Environmental Conditions (RECs) which may warrant further investigation at subject properties in the form of Phase II related soil and groundwater sampling.
• An increase in costs for Phase I ESAs as well as Phase II sampling services.

While these forever chemicals may seem scary, Patriot is committed to helping our clients navigate commercial transactions and the new regulatory landscape created by the PFAS hazardous substance designation. Our knowledge of PFAS chemicals and consulting expertise can help guide our clients through the complications PFAS may present for their property transactions.

Please reach out to Patriot’s Environmental Practice Group with your PFAS related concerns or questions at info@patrioteng.com.  For more information about PFAS, check out an earlier blog here.

Scott Dombrowski is a Senior Project Manager and the Practice Lead for the Due Diligence & Industrial Hygiene Sections at Patriot and has over 22 years of experience providing environmental consulting services.