Are stricter PFAS standards coming your way?

PFAS chemicals were first invented in the 1930s and have since been used in several applications from non-stick coatings to waterproof fabrics to firefighting foams. In recent years, PFAS studies and research funding have increased remarkably, but as of right now the EPA has yet to implement regulations on the chemicals. Many states have leapfrogged the EPA by implementing regulations on PFAS use, safe PFAS levels in drinking water, and by suing manufacturers of PFAS chemicals. This creates a complex set of regulatory requirements, depending on where you operate.

Updated August 30, 2021

PFAS Lawsuits and Drinking Water Limits in US

Locus offers software solutions for PFAS management and tracking. Our EHS software features tools to manage multiple evolving regulatory standards, as well as sample planning, analysis, validation, and regulatory reporting—with mobile and GIS mapping functionality. Simplify tracking and management of PFAS chemicals while improving data quality and quality assurance. With future PFAS regulations being an inevitability, the time is right to adopt a software that can track and manage these and other chemicals.

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    In most cities in the US, drinking water quality conforms with the norms of the Safe Drinking Water Act, which requires EPA to set Maximum Contaminant Levels (MCL) for potential pollutants. Besides, the EPA’s Consumer Confidence Rule (CCR) of 1998 requires most public water suppliers to provide consumer confidence reports, also known as annual water quality reports, to their customers.

    PFAS stands for “perfluoroalkyl and polyfluoroalkyl substances,” with the most important thing to know that this large group of synthetic chemicals includes perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS).

    Not Regulated by EPA

    When it comes to drinking water from the tap in the US, the phrase that fits concerning PFOA and PFOS is “caveat emptor” (buyer beware). The EPA has not regulated these chemicals. There are no federal regulations for PFOA and PFOS in drinking water in the US.

    In May 2016, the EPA established a drinking water “health advisory” of 70 parts per trillion (ppt) for the combined concentrations of PFOA and PFOS. While that was a start, there’s a big difference between a health advisory and a regulation that has teeth. Moreover, many scientists consider 70 ppt too high a limit. Reportedly, the EPA is considering turning its 70 ppt health advisory into regulation.

    Meanwhile, some states have stepped up to the plate to protect their residents and visitors better. In April 2019, for instance, the New Jersey Department of Environmental Protection (DEP) proposed maximum contamination levels (MCLs) of 14 ppt for PFOA and 13 ppt for PFOS in the state’s drinking water.

    As a water consumer, you should be aware of this crisis, as it has the potential to affect both your health and wealth.

    What are PFOA and PFOS?

    This toxic couple has contaminated the drinking water supply in areas surrounding some industrial sites and military bases. They’re the most studied of the PFAS group because they’re the ones that have been produced in the most significant quantities in the United States, according to the US Environmental Protection Agency (EPA).

    PFOA and PFOS, which repel water and stains of various types, have been used as coatings on fabrics and leather and in the production of stain-repellent carpeting and are found in firefighting foams — which have been used extensively on US military bases for decades — among other products. Moreover, some related polyfluoroalkyl compounds can be transformed into these chemicals in the environment, per the National Institutes of Health (NIH), with the Environmental Working Group (EWG) stating that some perfluorinated chemicals not only break down into PFOA in the environment but also can do so in the human body.

    While PFOA and PFOS are no longer made in the US, that hardly matters in our global economy. Both are still produced internationally, which means they end up in our country via imports of consumer goods such as carpet, apparel, textiles, and paper and packaging.

    Why all the concern about PFOA and PFOS?

    These chemicals — dubbed “forever chemicals” because they’re persistent in the environment and the human body — have been linked to cancer, thyroid disease, weakened the immune system and liver function, low infant birth weight, and other health problems, according to many sources.

    And this is what the EPA says: “There is evidence that exposure to PFAS can lead to adverse health outcomes in humans. If humans, or animals, ingest PFAS…the PFAS are absorbed and can accumulate in the body. PFAS stay in the human body for long periods. As a result, as people get exposed to PFAS from different sources over time, the level of PFAS in their bodies may increase to the point where they suffer from adverse health effects.”

    Locus Platform will provide “out-of-the-box” configurable software to streamline PSE&G’s regulatory compliance and spill management, tracking, and reporting.

    MOUNTAIN VIEW, Calif., 4 April 2019 — Locus Technologies, (Locus), the industry leader in EHS, sustainability, and compliance management software, is pleased to announce that the Public Service Electric & Gas (PSE&G), the largest provider of gas and electric service in New Jersey, servicing 1.8 million gas customers and 2.2 million electric customers in more than 300 urban, suburban, and rural communities, selected the multi-tenant SaaS Locus Platform to streamline its spill compliance and incident tracking and reporting programs.

    “With Locus’ configurable solution, we can set up applications, dashboards and reports to align with our current compliance application and tailor the functionality to our specific business needs.  We can continue to use our same data collection forms, but with more robust tracking tools to help our team keep on top of our EHS regulations and reporting requirements throughout PSE&G,” said Robert Pollock, Sr. Dir Environ Projects & Services.

    “By using Locus Platform Compliance and Spill Management application, PSE&G is combining the advantages of off-the-shelf software with Locus Platform’s powerful configuration tools. This means PSE&G will get exactly the software solution they need to fit their business processes in the shortest time,” said Wes Hawthorne, President of Locus.

    Environmental Business Journal (EBJ) Recognizes Firms for Growth and Innovation in 2015

    MOUNTAIN VIEW, CA–(Marketwired – February 02, 2016) — Locus Technologies announced today that Environmental Business Journal (EBJ), a business research publication which provides high value strategic business intelligence to the environmental industry, granted the company the 2015 award for Information Technology in the environmental and sustainability industry for the tenth year running.

    Locus was recognized for continuing its strategic shift to configurable Multitenant pure Software as a Service (SaaS) EHS solutions and welcoming new, high profile customers. In 2015 Locus scored record revenue from Cloud software with annual growth over 20 percent. Locus also achieved a record renewal rate of 99 percent and signed up new customers including Shell Oil Company, Philips 66, Ameresco, California Dairies, Cemex, Frito-Lay, Genentech, Lockheed Martin, PPG Industries, United Airlines and US Pipe & Foundry. Locus also became the largest provider of SaaS environmental software to the commercial nuclear industry; currently over 50 percent of U.S. nuclear generating capacity uses Locus’ flagship product. Locus’ configurable Locus Platform gained momentum in 2015 with new implementations in the manufacturing, agricultural and energy sectors, including a major contract with Sempra Energy for greenhouse gas management and reporting.

    “Locus continues to influence the industry with its forward-thinking product set, pure SaaS architecture, and eye for customer needs,” said Grant Ferrier, president of Environmental Business International Inc. (EBI), publisher of Environmental Business Journal.

    “We are very proud and honored to receive the prestigious EBJ Information Technology award in environmental business for a tenth time. We feel it is a testament to our unwavering commitment and dedication to accomplish this level of recognition, especially now as we lead the market by providing robust solutions for the emerging space of cloud and mobile-based environmental information management,” said Neno Duplan, President and CEO of Locus Technologies.

    The 2015 EBJ awards will be presented at a special ceremony at the Environmental Industry Summit XIV in San Diego, Calif. on March 9-11, 2016. The Environmental Industry Summit is an annual three-day executive retreat hosted by EBI Inc.

    The Colorado mine spill that sent three million gallons of toxic sludge into a river last month highlighted the struggles of the federal Superfund program to clean up contaminated mining sites across the American West, reported Wall Street Journal on 12 September 2015.

    The program, administered by the Environmental Protection Agency, was set up in the 1980s to remediate the nation’s most polluted places, from old factories to landfills. But it has been especially strained by legacy mining sites, which are often impossible to permanently clean up and instead require water-treatment plants or other expensive measures to contain widespread pollution, experts say.

    The result is that some old mining sites widely acknowledged to be severely contaminated—such as the Gold King mine that led to last month’s spill, and others dotting the Upper Animas River Basin near Silverton, Colo.—haven’t been contained or cleaned, as the EPA and other stakeholders squabble about the best solution.

    Currently, dozens of mining sites around the U.S. are on the EPA’s “National Priorities List” for Superfund cleanups or proposed to be added to the tally. But the taxes designed to fund cleanup costs when responsible parties can’t be found expired in 1995, and the multibillion-dollar fund dwindled to zero in the 2003 fiscal year, according to EPA data. Congressional appropriations have since helped support the program, but they decreased to nearly $1.1 billion this fiscal year from $1.3 billion in 2010.

    Environmental Business Journal (EBJ) recognizes firms for growth and innovation in 2014

    MOUNTAIN VIEW, Calif., 10 March 2015 — Locus Technologies announced today that Environmental Business Journal (EBJ), a business research publication which provides high value strategic business intelligence to the environmental industry, granted the company the 2014 award for Information Technology in the environmental and sustainability industry for the ninth time.

    Locus was recognized for significant strategic strides in 2014 including entering the water quality management (drinking water supplies and waste water) market; introducing its new Locus Platform (a highly configurable, user-friendly interface to fully meet individual organizations’ environmental management needs); and launching Locus Mobile (a field data collection solution that is fully integrated with Locus’s flagship Environmental Information Management [EIM] platform). In addition, Locus continues to maintain its leadership position in the commercial nuclear industry by solidifying business with more than 50 percent of all U.S. commercial reactor facilities that use Locus EIM for radionuclides monitoring management.

    “Locus continues to influence the industry with its forward-thinking product set and eye for customer needs,” said Grant Ferrier, president of Environmental Business International Inc. (EBI), publisher of Environmental Business Journal.

    “We are very proud to receive the prestigious EBJ Information Technology award in environmental business for the ninth time. It is a statement of our vision and perseverance to accomplish this level of recognition, especially now as we lead the market by providing robust solutions for the emerging space of cloud and mobile-based environmental information management,” said Neno Duplan, President and CEO of Locus Technologies.

    The 2014 EBJ awards, hosted by EBI Inc., will be presented at the annual executive retreat called the Environmental Industry Summit XIII in San Diego, Calif. on March 11-13, 2015.

    In recent years, the Environmental Protection Agency (EPA) has become much more vigilant about oil spill regulation—regardless of the spills origin. After a series of inspections over the past two years, the EPA announced seven New England companies who have all created or updated their spill prevention plans to be in compliance with federal oil pollution prevention laws.

    The companies, who all store or distribute oil, agreed to pay fines under an expedited settlement program, their penalties ranging from $3,000 to $9,500. This expedited program allows companies to pay reduced penalties if they quickly correct violations against the Oil Pollution Prevention regulations. These companies also were required to have a certain minimum storage capacity with no accompanying spill in order to qualify for these reduced fines.

    The EPA’s Spill Prevention, Control and Countermeasure (SPCC) rules designate certain requirements for oil spill prevention, preparedness, and response to prevent oil discharges into navigable waters and adjoining shorelines. These rules call for facilities to adhere to guidelines pertaining to their ability to prepare, amend and implement SPCC Plans.

    For many companies, complying with these regulations created by the EPA requires an additional focus on detailed actions in SPCC procedures.  Often times tracking and reporting spills if and when they occur—along with the root causes and inspection findings—can be a significant challenge without the appropriate management tools. However, when properly prepared, abiding by these necessary SPCC rules will ensure that organizations stay within compliance, thus avoiding fines and penalties and any harsh effects on our environment.

    While the amount of damage that Hurricane Sandy caused is still being tallied up, particular attention needs to be paid to one environmental issue: Sandy’s impact on Superfund toxic-waste sites. The Wall Street Journal recently identified that out of the 198 sites in both New York and New Jersey, 45 are within a half-mile from coastal areas, thus making them extremely vulnerable to the effects of storms.

    Even though a specific number was not given as to how many of these Superfund sites were flooded, it’s clear that several felt the impact of Sandy. The Environmental Protection Agency (EPA) has tested water samples from Brooklyn’s Gowanus Canal and nearby flooded buildings and has only found low levels of potentially cancer-causing pollutants. However, there are many more sites that need examined, such as the Raritan Bay Slag Superfund site in Sayreville, New Jersey, that poses the possible threat of lead contamination. The amount of hazardous toxic-waste that Sandy may have unearthed at Superfund sites like these makes it essential that there is a thorough evaluation of possible waste disturbance.

    In addition to the Superfund sites, other concerns such as fuel spills and issues at water treatment facilities have members of the Coast Guard, officials from the EPA and the states of New York and New Jersey working to quell the threats. One thing is for certain: a considerable amount of work still needs to be done in order to assess the flooding damage.

    To accurately determine the extent of the contamination caused by Sandy, numerous water samples must be collected and analyzed. The management of this data becomes extremely important due to the possible outcomes that may be discovered. By organizing this critical data in a centralized, Cloud-based environmental management platform, its accuracy is improved, and information can be analyzed at portfolio level a thousand times faster, providing actionable insight in real time- which is crucial in a situation like this.  Having a system like this in place will help the EPA and affected parties to not only assess the nature and extent of possible contamination spread more accurately and faster, but it will also help to prepare better for future events of a similar nature.  Information on which remedies worked, and which did not work as well, will assist the EPA and owners of contaminated sites with knowing what improvements are necessary.

    The most significant discussions focused on the recent Nuclear Energy Institute (NEI) guidance to combine Underground Piping and Tank Integrity efforts with the Groundwater Protection program as a whole.

    The DoD Environmental Data Quality Workgroup is pleased to announce the 9th annual DoD Environmental Monitoring & Data Quality (EMDQ) Workshop.