How Will EPA’s Proposed CERCLA Hazardous Substance Designation of PFOA & PFOS Impact the Environmental Due Diligence Practice?

EPA published a proposed rule in the Federal Register designating two per- and polyfluoroalkyl substances (PFAS) constituents as CERCLA Hazardous Substances. Once the CERCLA hazardous substance (H.S.) rule becomes final (anticipated in 2023 or 2024), it will be mandatory to consider these hazardous PFAS constituents when performing Environmental Site Assessments (ESAs) and identifying Recognized Environmental Conditions (RECs).

Because of the ubiquitous use of PFAS, often called “forever chemicals,” some Environmental Professionals are concerned that PFAS-related RECs will be commonplace. This paper discusses some anticipated impacts of the PFAS H.S. rule on the Phase I ESA practice.


About the Authors:

Jeff MarshallJeff Marshall is a Vice President of SCS Engineers, Environmental Services Practice Leader for offices in the Mid-Atlantic region, and the firm’s National Expert on Emerging Contaminants and on Innovative Technologies. He is a licensed professional engineer in Virginia, Maryland, West Virginia, North Carolina, and South Carolina. His decades of experience include a diversified background in project engineering and management, with an emphasis on environmental chemistry, hazardous materials/waste, CERCLA/Superfund, and human health risk issues.

Michael Miller is a Vice President, Project Director, and the firm’s National Expert on Environmental Due Diligence. He provides environmental management and consulting to private, municipal, and federal clients. He has extensive experience with environmental laws and regulations pertaining to environmental due diligence and all appropriate inquiries. He develops and implements environmental health & safety (EH&S) programs and solutions at industrial facilities in the agricultural processing, chemical processing, distribution/transportation, metals, and pharmaceutical manufacturing sectors.


Additional Resources:



Look for an article by these authors in the fall issue of Development Magazine, the NAIOP’s Commercial Real Estate Development Association publication.