Earlier this year, the Pennsylvania Department of Environmental Protection (“PADEP”) published for public comment its proposed update to the Chapter 250 regulations under the “Land Recycling and Environmental Remediation Standards Act” – frequently referred to as Act 2. As part of its regulatory update, PADEP proposed to include remediation standards for three Per- and polyfluoroalkyl (“PFAS”) compounds – Perfluorooctanoic acid (“PFOA”), Perfluorooctanesulfonic acid (“PFOS”), Perfluorobutanesulfonic acid (“PFBS”). Once finalized, these compounds will be “regulated substances”…

On June 1, 2020, NJDEP published its final rule (52 N.J.R. 1165(b)) setting drinking water standards, also known as maximum contaminant levels or “MCLs,” and final groundwater standards for the PFAS compounds perfluorooctanoic acid (“PFOA”) and perfluorooctane sulfonate (“PFOS”) pursuant to the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1, et seq., and the New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq. The rule also designates both PFOA and PFOS as “hazardous…

One of the potential challenges with starting and completing site characterizations for PFAS compounds (in addition to the lack of approved cleanup standards for many of the environmental media) is the lack of approved and/or certified laboratory analytical methodologies, both at the federal and state levels (in many states), for media other than drinking water and groundwater. As noted by ITRC in its Site Characterization Considerations, Sampling Precautions, and Laboratory Analytical Methods for Per- and …

In April 2020, the Town of East Hampton in eastern Long Island, N.Y., filed suit over PFAS contamination against the Village of East Hampton, a separate, smaller jurisdiction located in the Town. The Town alleges that the Village’s Fire Department caused PFOA and PFOS contamination on property owned by the Town that migrated to private wells. The Town also named the Village’s insurer, American Alternative Insurance Corporation, as an interested party in the suit. Town…

On December 20, 2019, the United States Environmental Protection Agency (EPA) issued its Interim Recommendations for Addressing Groundwater Contaminated with Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonate (PFOS) under federal cleanup programs, such the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). EPA’s guidance recommends the use of a “screening level” of 40 parts per trillion (ppt) to determine if either PFOA or PFOS is present at a…

Dover Air Force Base (DAFB) installed house water filtration systems at four off-base properties in Dover, Delaware. The wells supplying water to those properties were found to have levels of PFOS and PFOA in excess of the 70 parts per trillion Health Advisory Level. The properties will continue to receive bottled water until DAFB is able to confirm the efficacy of the filtration systems. DAFB has been responding to PFAS exceedances in groundwater at the…

In 2019, the Attorney General of Illinois joined in a letter with 22 other states in urging Congress to address the public health threat associated with per- and polyfluoroalkyl substances (PFAS). This approach was no surprise, as the Illinois Environmental Protection Agency (IEPA) had, since 2018, determined that it was time to start assessing PFAS in the environment. See Annual Groundwater and Drinking Water Program Review (IEPA June 2018). Subsequently, the IEPA decided to sample…