As we reported last year, in May 2023, Environment and Climate Change Canada and Health Canada prepared the “Draft State of Per- and Polyfluoroalkyl Substances (PFAS) Report.” While we have yet to see final regulatory action concerning PFAS, the topic is continuing to get attention (see February 2024 House of Commons Session, “Standing Committee on Environment and Sustainable Development”).
Current PFAS Prohibitions
Some PFAS are regulated under “Prohibition of Certain Toxic Substances Regulations, 2012.” Perfluorooctane sulfonic acid (PFOS), Perfluorooctanoic Acid (PFOA) and long-chain perfluorocarboxylic acids (LC-PFCAs), and products containing these substances, are subject to certain limited exceptions and permitted activities, including for use in certain Aqueous Film Forming Foam (AFFF) fire-fighting foams and photolithography and photographic film (Source: Osler).
Wide Disparity in Global PFAS Action Levels
PFAS are a group of thousands of chemicals and some of these chemicals likely pose a threat to human health and the environment. The question remains, which of the PFAS chemicals and at what concentration? As we covered earlier this year, an outright ban of all PFAS would have serious negative consequences on the market segments as varied as green energy to national defence.
Health-based standards for various PFAS chemicals differ considerably across the globe (see the ITRC table of global standards). For example, the World Health Organization “proposed provisional guidance values of 100 ppt individually for PFOA” in drinking water (see ACS Publications). In 2022, the United States Environmental Protection Agency proposed a maximum contaminant level of 4 ppt for PFOA.
With the above as background, here is some recent regulatory activity involving PFAS.
PFAS Use in Cosmetics Violation of CEPA
A cosmetics firm was using Perfluorononyl Dimethicone, which is a PFAS. Using the substance is considered a “new activity” under the Canadian Environmental Protection Act (CEPA). CEPA requires a person or company to provide certain information to the government when a substance is used in a new activity that may pose a risk to the environment.
In a Press Release, Environment and Climate Change Canada stated, “By using Perfluorononyl Dimethicone in cosmetic products, without having previously provided the government with the required regulatory information, Groupe Marcelle Inc. has committed an offence under subsection 81(4) of the Canadian Environmental Protection Act, 1999. The products concerned have been withdrawn from the distribution chain.”
The company was fined $500,000 and the company’s name will be added to the Environmental Offenders Registry.
PFAS in Cosmetics
Cosmetics are one of the many products that have been identified as containing PFAS. The United States Food and Drug Administration (FDA) has a webpage devoted to PFAS in cosmetics. The FDA refers to a 2018 study by Denmark’s Ministry of Environment and Food, which according to the FDA is the only risk assessment that has evaluated PFAS in cosmetics. The FDA states that “The researchers determined that the levels of PFAS in the individual products tested are unlikely to pose a health risk for consumers.” Also, see the “Risk Assessment of Fluorinated Substances in Cosmetic Products” (Ministry of Environment and Food Denmark).
One of the sources of PFAS is Aqueous Film Forming Foam (AFFF), which has been used at airports and military bases (Image by Andrea from Pixabay).
North Bay/DND Remediation Set to Commence
As we reported on July 28, 2021, the City of North Bay, Ontario, and the Department of National Defence (DND) reached an agreement to address PFAS contamination. It is believed that the PFAS contamination is from the use of AFFF at the DND facility.
According to a report by the CBC, “The City of North Bay, Ont., and the Department of National Defence (DND) are set to begin a $20-million project this spring to remediate a site contaminated with perfluoroalkyl and polyfluoroalkyl substances (PFAS) — often referred to as ‘forever chemicals.’”
According to the City of North Bay, DND will provide up to $19.4 million, while the City will contribute up to $600,000.
It is anticipated that the remediation will begin in 2024.
Dragun’s PFAS Projects
While the assessment and remediation of PFAS is still relatively new, Dragun Corporation has been involved in assessing PFAS on several projects including litigation support in one of the many PFAS litigation cases.
Currently, we are involved in addressing contamination at a former US Military site (4,000 acres) that includes PFAS. The site in Salina, Kansas, involves complicated subsurface conditions. The Remedial Investigation and Feasibility Study (RI/FS) are a matter of public record.
For more information on PFAS, see our PFAS Resource Page.
If you have questions or need assistance in addressing a PFAS concern, contact Christopher Paré, P. Geo., CPG at 519-948-7300, Ext. 114.
Alan Hahn drafted this blog. Alan holds an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes HazMat Magazine, BizX Magazine, Michigan Lawyers Weekly, GreenStone Partners, Manure Manager Magazine, and Progressive Dairy.
Christopher Paré, P.Geo, reviewed this blog. Chris is a senior geoscientist and manager of Dragun’s Windsor, Ontario, office. Chris has more than 30 years of experience on projects ranging from environmental site assessments (Phase One/Two ESA), excess soils, remedial investigations, soil and groundwater remediation, Permits to Take Water, Records of Site Conditions, vapour intrusion, and site decommissioning. Chris is a frequent speaker, author, and expert witness. See Chris’ bio.
Follow Dragun Corporation on LinkedIn, X, or Facebook.
Sign up for our monthly environmental newsletters.
Principled Foundation | Thoughtful Advice | Smart Solutions
Established in 1988