PFAS Standards In Pennsylvania Now Set

December 6, 2021

Read the full article by John Gardella (National Law Review)

"On November, 2021, Pennsylvania officially publishes PFAS soil standards for cleanup processes in the state. It is important to note that the soil concentrations would not create liability standards, at least not explicitly. Instead, the standards aim to be guidelines by which site remediators can gauge PFAS removal steps in instances of soil pollution. Nevertheless, the steps by Pennsylvania represent a new step forward in PFAS regulatory action that other states are exploring, but have yet to affirmatively propose standards at this time. As other states follow suit, though, it is likely that other states will begin setting PFAS soil standards that include both a remediatory guideline and liability purpose. Companies are well-advised to closely follow developments at the state level with respect to PFAS soil standards.

PFAS Soil Standards In Pennsylvania

The Pennsylvania Department of Environmental Protection’s (PADEP) first published its proposed revision to the state’s Act 2 Chapter 250 regulations for PFAS soil standards in February of 2020. New attention is being given to these proposals due to the fact that the state has since cleared two of its regulatory amendment process hurdles before the proposed PFAS soil standards can be finalized.

Under the proposal, Pennsylvania set Medium Specific Concentrations (MSC) for PFOA, PFOS and PFBS in soil, as follows:

PFOA: 4.4 mg/kg (residential); 64 mg/kg (non-residential)
PFOS: 4.4 mg/kg (residential); 64 mg/kg (non-residential)
PFBS: 66 mg/kg (residential); 960 mg/kg (non-residential)

The state notes in the regulations that the PFOA and PFOS values are for individual or total combined purposes."