Inside EPA reports that the United States Chamber of Commerce has objected to the inclusion of the forever chemicals known collectively as PFAS in the 2021 ASTM standard for Environmental Site Assessments that EPA was attempting to quickly adopt as its standard for "All Appropriate Inquiries" insulating an owner of contaminated property from Superfund liability.
This will likely mean that EPA will need to engage in full notice and comment rule making before it substitutes the 2021 ASTM standard for the 2013 ASTM standard.
The Chamber of Commerce says that including PFAS in the standard may lead to premature Superfund liability. It doesn't explain why it thinks that and I can't explain it. If something isn't a "hazardous substance" under CERCLA, it can't be the basis for CERCLA liability.
But EPA's PFAS road map promises that at least some PFAS will in fact be "hazardous substances" by next year. And many States have already identified PFAS as "hazardous substances". So, whether or not the Chamber of Commerce's objection delays EPA's adoption of the 2021 standard, potential purchasers of property should want their Environmental Site Assessments to evaluate the possibility that the property is a source of or affected by releases of PFAS to the environment.
Caveat emptor, quia ignorare non debuit quod jus alienum emit have been words to live by for a long time and PFAS are no exception to the rule.
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