Per- and polyfluoroalkyl substances (PFAS) have been identified as a group of contaminants of concern around the globe. While used for decades in a variety of consumer and industrial products, in recent years there has been growing concern that this group of chemicals may pose risks to human health and the environment.
What Are PFAS?
PFAS are a group of manmade fluorinated compounds that have been widely used in commerce. Estimates with respect to the number of PFAS chemicals range from 4,000 to more than 9,000. PFAS have been used in a variety of industries and commercial products around the world dating back to the 1940s.
To illustrate the widespread application of PFAS, they have been used in food packaging (pizza boxes and sandwich/hamburger wrappers) because they repel grease. PFAS are found in stain- and water-repellent fabrics (e.g., Scotchguard and Gore Tex), nonstick products including cookware (e.g., Teflon), polishes, waxes, paints, cosmetics, and cleaning products. They are also in fire-fighting foams called Aqueous Film Forming Foam or A-Triple F (AFFF). Additionally, they have industrial applications in metal plating and paper mills.
PFAS in Humans
Because their chemical bond is strong, PFAS do not easily break down. They are often referred to as “forever chemicals.” Since they have been widely used in a myriad of products, they have been found in the blood of nearly everyone tested. For example, one study in Europe stated:
- A spectrum of 37 PFAS was determined in 100 human plasma samples from 2009 to 2019.
- The two legacy substances PFOA (Perfluorooctanoic Acid) and PFOS (Perfluorooctane Sulfonate) were detected in every plasma sample.
(see Human biomonitoring of per- and polyfluoroalkyl substances in German blood plasma samples from 1982 to 2019).
The US Centers for Disease Control previously stated that 98% of Americans have PFAS in their blood.
Federal Regulations aside, in Canada, will lenders who may have concerns about future environmental liability begin to request an assessment of PFAS in Phase I ESAs (Image by Pete Linforth from Pixabay)?
PFAS in Canada
An article in JDSupra in December 2020 stated, “The Canadian federal government has assessed PFAS and determined that certain chemicals in the PFAS family could be entering the environment under conditions that may have immediate or long-term adverse effects. Canada introduced federal regulations restricting the use, sale and import of perfluorooctanoic (PFOS) and PFOS-containing products in 2008 and has since extended this prohibition to include the manufacture and sale of such products, albeit with significant exceptions. The use, manufacture and import and sale of many other PFAS chemicals are currently unregulated.”
Additionally, Environment and Climate Change Canada has issued a Notice of intent to address the broad class of per- and polyfluoroalkyl substances (Canada Gazette | 2021). It appears that Canada is in the very early stages of the process of evaluating and regulating PFAS.
We know of at least one Province, British Columbia that has established maximum allowable concentrations for ambient water quality for drinking water sources for PFOA and PFOS.
In a November 2020 article, the CBC provided a map of PFAS Hotspots in Canada. Not surprisingly, many of the hotspots in Canada are found near airports where AFFF was likely used for firefighting purposes.
PFAS in the United States
Our neighbours in the United States have taken several steps to regulate PFAS. For example, certain PFAS chemicals must be reported each July under the Toxic Release Inventory. It also appears that two PFAS compounds, PFOA and PFOS, will be designated as hazardous substances under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) also known as Superfund.
Finally, the standard for Phase I Environmental Site Assessments in the US, ASTM E1527-21, was amended last fall to include PFAS as a non-scope consideration when conducting a Phase I ESA. While non-scope items are not required to be assessed/reported, with the possible adoption of certain PFAS under CERCLA, PFAS will likely become a part of Phase I ESAs in the United States.
You can find much more information about PFAS on our US website including regulatory information, litigation activity, and more. See our blogs and our PFAS Resource Page.
Questions about the Future Regulation of PFAS in Canada
Federal Regulations aside, in Canada, will lenders who may have concerns about future environmental liability begin to request an assessment of PFAS in Phase I ESAs? What about mergers that can often include foreign investors, will PFAS be part of their environmental assessment process? Will other provincial governments do as British Columbia and many state governments have done in the US and set their own maximum contaminant levels? Finally, what will future toxicological studies reveal about the toxicity of PFAS? This is important as we still lack critical toxicological data for PFAS chemicals.
Environmental Expertise
If you have questions about PFAS, Dragun has hands-on experience in assessment, remediation, and litigation support on projects involving PFAS. If you have questions or want additional information, contact Christopher Pare’ at 519-948-7300, Ext 114.
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