Contributed by Joe Patrick, Senior Project Manager, PPM Consultants
When I recently tuned into a PFAS webinar, I expected a technical discussion. What I got was something bigger—a sobering legal and regulatory snapshot from an environmental attorney. He underscored what many of us in the environmental field already sense: the regulation of PFAS is uncertain, enforcement deadlines are looming, and private industry would be wise to act now rather than later.
The message was clear: while EPA has set its sights on 2029 (or 2031, depending on how final enforcement plays out) for full Maximum Contaminant Level (MCL) enforcement, industry will not get the luxury of waiting that long. Between the threat of third-party lawsuits, mounting state-level actions, and increasing public awareness, companies that use or may have legacy PFAS contamination must prepare themselves today.
PFAS and the New Regulatory Landscape
On May 8, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule designating perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as CERCLA hazardous substances. At the same time, EPA rolled out its PFAS Strategic Roadmap, a multi-year framework designed to tackle the environmental and public health challenges posed by PFAS.
This designation is no minor update. By categorizing PFOA and PFOS under CERCLA, EPA has effectively opened the door to cost recovery and enforcement. Responsible parties may now be pursued for cleanup costs associated with PFAS contamination, much like they are for petroleum and other regulated hazardous substances.
For industry, the practical takeaway is simple but daunting: if your facility uses, has used, or is even suspected of containing PFAS, you are on the hook. Sampling programs must not only be thorough but defensible, because the legal and financial stakes are high.
What Makes PFAS Different
PFAS (per- and polyfluoroalkyl substances) are not new. They’ve been around since the 1930s, commercialized in the 1940s and 1950s with products like Teflon and Scotchgard, and widely adopted in firefighting foams, textiles, metal plating, and food packaging. Their unique properties—heat resistance, chemical stability, and water repellency—made them useful in nearly every industrial sector.
The unique properties also make them nearly indestructible in the environment. PFAS are frequently referred to as “forever chemicals” because they resist degradation, accumulate in ecosystems, and persist in human bloodstreams. They were not detected for decades because they weren’t listed as compounds of concern under EPA’s Safe Drinking Water Act regulations. That changed in 2021 with revisions to the Unregulated Contaminant Monitoring Rule (UCMR 5), which put PFOA and PFOS on the radar.
Fast-forward to today, and PFAS are not just regulated—they’re at the top of EPA’s priority list. In fact, EPA is proposing to include more fluorinated compounds on their list.
Presumptive Sources and the Scope of the Problem
EPA has gone so far as to cite a list of 88 industrial facility groups, organized by NAICS codes, as presumptive sources of PFAS. The implication is stark: your facility may already be viewed as a potential contributor, whether you have data in hand or not.
That’s why the next five years are critical. Facilities must determine whether they are impacted, assess their exposure, and develop a defensible management plan. Sitting idle until regulators or plaintiffs come knocking is no longer a viable strategy.
Why a BMP Plan Is Essential
One of the clearest paths forward is the development of a Best Management Practices (BMP) Plan for PFAS. This is not just a compliance exercise—it’s a way to protect operations, reduce long-term risk, and stay ahead of regulators and litigators alike.
A strong BMP Plan should include:
- Source identification & monitoring: Auditing current and historical PFAS use, including adjacent properties.
- Targeted treatment solutions: Granular activated carbon (GAC), ion exchange resins, and advanced membranes.
- Operational protocols: Segregating wastewater streams, isolating PFAS sources, and ensuring defensible sampling.
- Validation and reporting: Documentation to satisfy both EPA and state agencies.
PPM can help integrate these measures in a way that minimizes disruption to ongoing operations while positioning your facility for compliance.
Elements of an Effective PFAS BMP Plan
- Supply Chain and Product Development
- Identify materials and components that contain PFAS.
- Request compliance certifications from suppliers.
- Transition toward PFAS-free alternatives where feasible.
- Manufacturing Operations
- Reduce PFAS use and adopt alternatives.
- Isolate and manage PFAS-containing processes.
- Capture and treat PFAS in wastewater and emissions before release.
- Environmental Monitoring and Remediation
- Conduct thorough site assessments.
- Develop remediation strategies in partnership with regulatory agencies.
- Train employees to recognize and reduce PFAS risks.
- Compliance and Reporting
- Stay current with evolving state and federal rules.
- Report releases immediately when thresholds are exceeded.
- Communication and Outreach
- Involve employees in BMP planning.
- Communicate transparently with the public and regulators.
Why the Urgency? Litigation and Liability
While EPA’s enforcement deadlines stretch out to 2029 or 2031, private industry cannot assume that means seven years of breathing room. In fact, the opposite is likely true. Third-party lawsuits—whether from downstream water utilities, local governments, or community groups—are already being filed against manufacturers, refiners, and users of PFAS.
The threat of litigation will almost certainly drive faster adoption of PFAS management plans than federal enforcement alone. Companies without a proactive strategy may find themselves defending costly lawsuits, not to mention reputational damage.
Moving Forward
Every facility faces the same starting point: first, identify if PFAS are present; then, decide how to reduce their impact. For some, that will mean phasing out use. For others, it will mean implementing rigorous monitoring and treatment. For all, it will mean taking ownership now instead of waiting for regulators or third parties to force the issue later.
A Final Word to Environmental Managers
If you’re an environmental staff member at an industrial facility, the road ahead is clear. PFAS regulation may feel uncertain, but your liability is not. The companies that survive and thrive will be those that get ahead of the curve with defensible sampling, proactive BMP plans, and transparent management strategies.
As the webinar made plain, the clock is ticking toward 2029 (or 2031)—but lawsuits, public scrutiny, and regulatory momentum will arrive much sooner. The question isn’t “whether your facility can afford to act now”; It’s “whether your facility can afford not to”. If you want to discuss this topic in more detail or how it relates to your business, please don’t hesitate to reach out to me at joe.patrick@ppmco.com.