EPA Attorney Hanselman Takes on the Challenges of PFAS

Polyfluoroalkyl substances, otherwise known as PFAS, are a pernicious group of synthetic organofluorine chemical compounds that have been used in industry and consumer products for decades. They are known to build up in our bodies and never break down in the environment. Very small doses of PFAS have been linked to cancer, reproductive and immune system harm, and other diseases.

Erik Hanselman is an attorney-advisor for the Office of Site Remediation Enforcement at the U.S. Environmental Protection Agency. Hanselman’s presentation focused on PFAS and explained what they are, as well as exposure pathways, actions undertaken by the government, and a roadmap for ways to continue addressing PFAS concerns.

PFAS affects a wide variety of consumer products, from pizza boxes to nonstick pans, and is also found in manufacturing and processing facilities. Firefighting foams used to quickly and safely extinguish fuel fires are a surprising but vital use of PFAS. Due to the prevalence of PFAS throughout the commercial chain, most people around the world have been exposed to the compounds. Hanselman was careful to emphasize that, in analyzing PFAS exposure and possible consequences, analysts look for concentrated sources over a long period of time.

One of the foundation cases that brought PFAS into the public’s awareness was the class-action lawsuit filed in Parkersburg, West Virginia. Hanselman traced how this 1998 private lawsuit, following the release of PFAS chemicals in the Parkersburg community, led the way for the first study to link PFAS to adverse side effects. The EPA responded in 2006 with a stewardship program designed to reduce the emission and product content of perfluorooctanoic acid or PFOA (a type of PFAS) and work toward its complete elimination. These non-enforceable drinking water advisories allowed for monitoring PFAS in drinking water as an unregulated contaminant, recommendations for groundwater cleanup for long-chain varieties of PFAS, and interim guidance on destroying and disposing of certain PFAS.

Highlighting some of the key enforcement actions that the EPA has taken to address PFAS, Hanselman explained that the Agency has used its enforcement tools to address the release of PFAS under the Safe Drinking Water Act, the Toxic Substances Control Act, and the Resource Conservation and Recovery Act. The EPA has also addressed PFAS in seventeen cases, sometimes entering administrative orders on consent as a result. These orders have allowed for the restriction of discharge and payment for cleanup of contamination, as well as some emergency orders under the Safe Drinking Water Act. Similarly, the Agency has used the Safe Drinking Water Act to issue emergency orders to protect underground sources of drinking water and public water systems from imminent and substantial endangerment from PFAS contamination.

Hanselman also noted that under the PFAS strategic roadmap for the future, suggestions for concrete action, use of EPA enforcement authority as appropriate, and better communication with affected communities all have a role to play. As seen with many pollutants, PFAS discharge from facilities is analyzed within the EPA’s Environmental Justice screening tool. This tool allows communities overburdened in terms of environmental contamination and discharges to be prioritized at an enforcement level.

For students looking to break into environmental law, Hanselman encouraged putting yourself out there because “people are so happy to talk.” Additionally, for those looking for a more artistic understanding of PFAS and the West Virginia case that kickstarted the public’s awareness of contamination, Hanselman recommended the film Dark Waters. A breakdown of the EPA’s Strategic Roadmap for addressing PFAS can be found here.