Regulation of PFAS in Canada and Complications of Banning PFAS

Posted by on Jan 22, 2024 in Blog | 0 comments

In May 2023, the Draft State of Per- and Polyfluoroalkyl Substance (PFAS) Report was issued by the federal government.  We are eight months or so from this Draft report being issued.  Where are we now, what actions might be forthcoming, and what are the potential unintended consequences of restricting or banning PFAS?

In October 2023, we reported that the federal government planned to issue a mandatory information-gathering notice for PFAS sometime in the fall of 2023. The authority to gather this information is in section 71 of the Canadian Environmental Protection Act (CEPA).

While the data collection initiative did not take place as planned and comments to the Draft PFAS Report have yet to be published, there is an expectation that PFAS will be addressed federally in 2024.  The environmental group, Environmental Defence wrote, “In 2024, we expect to see the improved CEPA being used to finally drive action to eliminate PFAS forever chemicals in Canada.”

PFAS are Pervasive

PFAS are a group of thousands of man-made chemicals that have been used worldwide for decades in industrial processes, consumer and healthcare products, firefighting foams, food packaging, and more.  Consequently, they are found around the world in soil, rainwater, groundwater, and surface water.

In 2020, the CBC, using data from Transport Canada, Department of National Defence, Federal Contaminated Sites Inventory, Environment and Climate Change Canada, and others published a map of PFAS “hotspots” and “multiple hotspots.”  Not surprisingly, the areas of PFAS concern are near airports, military bases, and areas where firefighting training has occurred.

From Public Health Ontario, “Currently, all Canadians are exposed to some PFAS however health effects cannot be clearly attributed.  Where individuals are exposed to elevated levels of PFAS over an extended period, actions to reduce exposures can be taken.  For example, elevated concentrations above applicable guidelines may result from living in areas of known PFAS contamination, or from occupational exposures in a workplace (e.g., individuals working with AFFF [Aqueous Film Forming Foam]).”

Airports and military bases are areas of potential PFAS contamination (Photo by David Preston on Unsplash).

Disparity in Defining “Safe” Levels

Unlike other environmental contaminants that are regulated, we lack clear scientific data with respect to what is considered “safe levels” of individual PFAS chemicals.  Further, not all PFAS are “the same.”  Two of the most researched PFAS compounds are Perfluorooctanoic acid (PFOA) and Perfluorooctanesulfonic acid (PFOS).  And yet, as we recently pointed out in our US blog with respect to PFOA, “there is a wide disparity (140,000-fold difference) across the globe in establishing ‘safe levels’.”

Eliminating PFAS has Serious Consequences Too

Calls to simply eliminate all PFAS are not realistic.  Again, from our US blog, we reported the United States Department of Defense (DoD) stated, “Losing access to PFAS due to overly broad regulations or severe market contractions would greatly impact national security and DoD’s ability to fulfill its mission.”

In Europe, there are similar concerns as the European Commission is proposing to ban all PFAS including fluoropolymers (a $7.9 billion global market).  The fluoropolymer manufacturers have stated these compounds are essential for many applications, and there are no substitutes (Source: Chemical Engineering and News).

PFAS and Renewable Energy

The European PFAS ban would also cause disruption in the clean energy market.  As reported in Energy Monitor, “One type of PFAS, fluorogases (F-gases), are a key element for electrobinders in every type of electric car battery currently on the market, used to combine precious metals to build the cathode and the anode.  F-gases are also used as compression agents in most heat pumps, which governments are trying to roll out to replace fossil fuel gas boilers.”

The pharmaceutical industry in Europe stated that “A total ban would see medicines’ manufacturing in the EU grind to a halt in under three years” (Source: Reuters).

Falling PFAS Concentrations in Human Blood

There is some good news with respect to the concentration of PFAS found in human blood serum.  Again from Public Health Ontario, “In general, concentrations of PFAS in blood plasma of Canadians aged 12 to 79 (or aged 20 to 79) have decreased over time.  Between 2007–2009 and 2018–2019, PFOA concentrations declined by 52%, PFHxS concentrations declined by 64% and PFOS concentrations declined by 67% in Canadians aged 20- 79. Between 2009–2011 and 2018–2019, PFNA concentrations declined by 47% and PFDA Per-and Poly-Fluoroalkyl Substances (PFAS) concentrations declined by 36% in Canadians aged 20-79.  Comparisons between age groups found higher blood plasma concentrations among adults versus children, with highest levels reported in the 60 to 79 age group.”

The Agency for Toxic Substances and Disease Registry shows similar trends in the US.

What’s next for PFAS in Canada?

In addition to the anticipated Final State of PFAS Report (and comments) and the mandatory information gathering, there will likely be increased pressures to address areas in Canada that are known areas of PFAS contamination (e.g., airports and military bases).  As stated by Osler, “The commenting period on the Draft Report and the Risk Management Report closed on July 19, 2023.  Publication of the comments received on the reports has yet to occur, but is anticipated to take place concurrently with the publication of a ‘Final State of PFAS Report’ and the government’s proposed risk management approach.”

Our colleagues in the US have shared that they are seeing significant PFAS regulatory actions (mandatory collection of historical PFAS data going back to 2011 and classification of certain PFAS as hazardous substances).  There has also been significant PFAS litigation in the US (the largest settlement to date is over $12 billion).  While we don’t expect the same level of activity in Canada, we will continue to monitor PFAS developments closely.

In the meantime, if you need assistance with a matter involving PFAS, we have substantial experience in assessment, remediation, and litigation support with PFAS.

For more information or assistance, contact Christopher Pare’, P.Geo. Q.P. at 519-948-7300, Ext. 114.

Dragun Corporation does not use artificial intelligence in drafting our blogs or any other material.

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.

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