Environmental consultants who conduct ESAs (environmental site assessments) are likely to see PFAS start playing a much larger role in their work. For those of you who are already dealing with PFAS, some of this may be remedial, but the goal of this post is to bring everyone up to date. This includes business leaders who may be buying, selling, or transferring property, including through merger or acquisition.
What are PFAS?
Per- and Polyfluoroalkyl Substances (PFAS) are a diverse group of several thousand known synthetic compounds valued for their inherent properties, such as resistance to heat, water, and oil. For decades, they have been used in the production of hundreds of industrial and consumer products such as carpeting, apparel, upholstery, food packaging, cosmetics, fire-fighting foams, and metal plating.
Unfortunately, PFAS are bioaccumulative, meaning they build up in the bloodstream and tissues. Since at least the 80s, research has found links between PFOS and PFOA (two common PFAS chemicals) and several health challenges such as chronic kidney disease, thyroid issues, and certain types of cancers.
The U.S. EPA and others are conducting more research to determine the toxicity of the thousands of other PFAS that are or have been widely used in industry and consumer products. In the meantime, states, the EPA, and Congress are aggressively enacting rules and legislation designed to monitor, control, and remediate PFAS contamination.
What is a Phase I ESA?
An Environmental Site Assessment (ESA) evaluates the environmental condition of a property, often prior to a sale, purchase, or transfer. ESAs typically include three distinct phases, with Phase I involving research and a visual inspection to identify Recognized Environmental Conditions (RECs), examine past property uses, and review regulatory records.
A Phase I ESA does not include the collection or analysis of samples, e.g., soil, groundwater, or building materials. However, if the Phase I assessment identifies potential contamination, a Phase II ESA, which involves sampling and laboratory analysis to confirm the presence of hazardous substances, may be recommended.
Why Are PFAS Now in Scope for Phase I ESAs?
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The American Society for Testing and Materials (ASTM) Standard E1527-21 provides the guidelines for performing a Phase I ESA. A core objective of ASTM E1527-21 is to provide a framework that allows a user to satisfy one of the requirements to qualify for Landowner Liability Protections (LLPs) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
According to the ASTM Standard, a Phase I ESA should look for the possibility of contamination from hazardous substances or petroleum products in, on, or at a property. The term “hazardous substances” is used intentionally as it is a designation specific to CERCLA. A compound designated a hazardous substance under CERCLA is automatically in-scope for Phase I ESAs. There are hundreds of compounds already on the list.
ASTM E1527-21 (the 21 designates the year the standard was published) calls out PFAS as a substance for which our understanding is evolving. These, and other similar compounds, may be included in a Phase I ESA but are considered non-scope compounds. That is, they are optional, even recommended, but not required for Phase I. (Unless, of course, required for some other reason such as the fulfillment of a state regulation or mandate.)
The role of PFAS in ESAs changed in early 2024 when the EPA finalized its designation of PFOA and PFOS as hazardous substances under CERCLA. While the many thousands of other PFAS chemicals are still non-scope compounds, the publication is this rule made PFOA and PFOS automatically in-scope.
If you are new to PFAS and not sure what to look for in your Phase I research, PubChem is a good first resource. You can type in PFOA or PFOS in the search bar and get a lot of details, including the uses and sources of each compound.
How Pace® Can Help
As noted above, Phase I ESAs do not involve sampling or testing, although we are certainly willing to answer any questions you may have about PFAS. If you are new to the subject, you can also learn more on PFAS.com.
If PFOA or PFOS are suspected, Phase II may include sampling of environmental matrices, and that is where we come in. Pace® provides PFAS testing for all relevant environmental matrices and building products. Feel free to reach out to us with questions, download our Statement of Qualifications, or request a quote for services.
