The Environmental Protection Agency (EPA) is proposing to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances. The proposed rule published in the Federal Register designates two per- and polyfluoroalkyl substances (collectively, PFAS) constituents as CERCLA Hazardous Substances. While this is a small subset of PFAS constituents, PFOA and PFOS are reportedly the most commonly used and likely to be detectable. Additional PFAS compounds are certainly on the horizon for consideration by EPA and, in fact, an Advance Notice of Proposed Rulemaking was issued by EPA in April of 2023 to seek input for seven additional compounds for hazardous substance designation.
What Could This Mean For Property Transactions and Real Estate Development?
When the CERCLA hazardous substance rule becomes final (anticipated in 2023 or 2024), it will be mandatory to consider these PFAS constituents when performing Phase I Environmental Site Assessments (ESAs) to identify Recognized Environmental Conditions (RECs) in connection with a property. Because of the ubiquitous use of PFAS, often called “forever chemicals,” in residential, commercial, and industrial products, some Environmental Professionals are concerned that PFAS-related RECs will be commonplace.
In their recent paper, “How Will EPA’S Proposed CERCLA Hazardous Substance Designation of PFOA and PFOS Impact the Environmental Due Diligence Practice?” Jeff Marshall, PE, and Mike Miller, CHMM, discuss the anticipated impacts of the PFAS rule on environmental due diligence. Depending on the former uses, the number of RECs, and ESA results, some sites are more likely to feel the impact on the potential value of a property.
As our PFAS knowledge continues to evolve, so will applying this knowledge to the environmental due diligence practice and, ultimately, real estate conditions. Read the technical paper to understand the terminology and types of properties more likely at risk.
Jeffrey D. Marshall, PE – Vice-President. Mr. Marshall is a Vice President and the practice leader for the Environmental Services Practice for SCS offices in the mid-Atlantic region. He is also the SCS National Expert for Innovative Technologies and Emerging Contaminants. His diversified background is in project engineering and management, with an emphasis on the environmental chemistry and human health aspects of hazardous materials/waste management, site investigations, waste treatment, risk-based remediation and redevelopment, and environmental compliance/permitting issues. He has over 40 years of environmental experience and directs and manages environmental due diligence projects in the mid-Atlantic. He is a chemical engineer, Professional Engineer (VA, MD, WV, NC, and SC) and meets the credentials of an Environmental Professional.
Michael J. Miller, CHMM – Vice President. Mr. Miller is a Vice President and the practice leader for the Environmental Services Practice for SCS offices in the Central region. He also serves as an SCS National Expert for Environmental Due Diligence. He supports firm operations throughout the United States related to Phase I and II Environmental Site Assessments and the completion of large portfolios and complex site assessments. A Certified Hazardous Materials Manager (CHMM) since 2009, Mike has more than 28 years of experience in environmental management and consulting with an extensive background in RCRA-related matters and industrial compliance, planning, and permitting.
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Charm Industrial’s (Charm) $53M deal with Frontier to voluntarily sequester bio-oil underground is an example of early market leadership for alternative subsurface deployment methods in the negative carbon emissions market. SCS was instrumental in developing the pilot programs, initial testing, and regulatory approvals allowing Charm to scale up its processes and deliver on this commitment.
This deal will remove 112,000 tons of carbon dioxide by 2030. Charm’s method involves converting excess organic material, like corn stover, into bio-oil and putting that oil into abandoned oil wells.
Carbon capture has been a focus for Frontier for some time now. Prior to this announcement, they partnered with early-stage startups to remove 9,000 tons of carbon. This landmark deal is a continuation of Frontier’s efforts to spark growth and bring attention to the industry and is one of the largest legally binding agreements to date. SCS is thrilled for Charm and Frontier and this huge step forward. See the recent CNBC news article below for more information on this deal and its carbon offset impact.
As you may recall, in September 2022, EPA issued a proposed rule to designate two per- and polyfluoroalkyl substances (PFAS) — perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers — as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as “Superfund.” EPA is currently reviewing comments received on this proposed rule.
On April 13, 2023, EPA issued an Advance Notice of Proposed Rulemaking (ANPRM) asking the public for input regarding potential future hazardous substance designations of additional PFAS substances under CERCLA. The ANPRM includes:
The ANPRM announcement in the Federal Register is available at: https://www.govinfo.gov/content/pkg/FR-2023-04-13/pdf/2023-07535.pdf
More solutions and information at Liquids Management.
EPA will hold three complementary competitions to strategically distribute grant funding under the $27 billion Greenhouse Gas Reduction Fund program. EPA will implement these programs in alignment with the President’s Justice40 Initiative and expects to open competitions for funding under the Greenhouse Gas Reduction Fund by the summer of 2023.
The goal is to ensure that households, small businesses, schools, and community institutions in low-income and disadvantaged communities have access to financing for cost-saving and pollution-reducing clean technology projects. EPA aims to deliver tangible benefits, including lower energy costs, good-paying jobs, and improved public health outcomes to households, businesses, and communities. The three competitions will be:
EPA Feedback and Listening Sessions
EPA invites written technical feedback and comments on the competition descriptions as the Agency prepares the program for release as early as June 2023. Stakeholders may send their written feedback to by 11:59 pm ET on May 12. Over the next two weeks, EPA will convene six public listening sessions on this implementation framework. Listening session details and other information about the program are on the GGRF website.
Additional Greenhouse Gas Reduction Resources
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Play with ReFED’s interactive, fun, and educational tool!
Earth Day is a great time to remind you that food waste reduction is a top climate change strategy! As you’ll see in this addicting, educational, and fun ReFED tool – everyone helps make a difference. Every small change citizens and businesses make has a major impact on our planet’s health and well-being. Try it out and see how we are building solutions to reduce the 91 million tons of surplus food annually in the U.S.
The ReFED Insights Engine offers the most comprehensive examination of food waste in the United States by incorporating current data from a variety of sources, including public and proprietary datasets, expert interviews, case studies, and industry research. This powerful engine has several components, including:
Food Waste Monitor – A centralized repository of information built with data from more than 50 public and proprietary datasets and providing granular estimates of how much food goes uneaten in the U.S., why it’s happening, and where it goes.
Solutions Database – A stakeholder-specific, comprehensive cost-benefit analysis of 40+ food waste reduction solutions based on a range of impact goals, plus detailed fact sheets on each.
Impact Calculator – An interactive resource that quantifies the greenhouse gas emissions reduction, water savings, and donated meal recovery potential of different food surplus management scenarios in the U.S. by sector and food type.
Capital Tracker – A dashboard to monitor the flow of capital into food waste innovation, allowing users to understand the landscape, identify key players, and plan out future funding strategies.
Use a reusable water bottle, drinking straws, and shopping bags.
Around 380 million metric tons of plastic are being produced yearly; that’s roughly the same as the entire weight of humanity. Approximately 91% of plastic is not recycled. Roughly half of our global annual plastic production is destined for a single-use product.
The average per person use is astounding; some can take 1,000 years to disintegrate.
Think of the money you’ll save along with planet Earth!
SCS Engineers periodically prepare SCS Technical Bulletins – short, clear summaries of rules, plans, and standards. In 2021, ASTM International published an updated consensus guidance document for evaluating environmental conditions at properties involved in commercial real estate transactions.
This SCS Technical Bulletin for the revised E1527-21, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process addresses definitions and terminology, clarifies industry practice for the historical records review of the subject and adjoining properties, and provides for updates and additions to appendices, report outlines, and other collateral.
Our updated edition now includes the revised guidance speaks to the business risk associated with emerging contaminants, such as Per- and polyfluoroalkyl substances (PFAS).
Read, share, download the A New Standard Practice for Phase I Environmental Site Assessments Tech Bulletin here.
For more information about Environmental Due Diligence, please visit our website.
With climate change becoming a center of attention globally, much focus has pointed toward carbon capture and storage (CCS) in recent years. While USEPA has published general guidance for Class VI permitting, it is still a new permitting challenge for both scientists and regulators alike. Drawing on lessons learned from more familiar and well-developed regulatory frameworks will be beneficial.
In our Technical Bulletin, Applying Lessons Learned From Municipal Solid Waste and Coal Combustion Residuals to the Development of Testing and Monitoring Plans for CO2 Storage Projects, we focus on the testing and monitoring aspect of Class VI permitting and related complexities, including the project’s overall scale, enhanced costs, and enhanced regulatory risk. We discuss the key considerations for developing an effective CCS Testing and Monitoring Plan based on lessons learned from developed MSW and CCR monitoring programs, as well as how early planning and good judgment can help navigate the complexities associated with CCS projects and ultimately reduce those complexities and associated project costs.
Recommendations include meticulous site characterization efforts early in the CO2 storage project and tailoring the monitoring network. The latter includes placing monitoring wells based on multiphase modeling predictions, designing geochemically and geomechanically compatible monitoring wells, and using strategic statistical techniques to analyze and interpret monitoring data.
It is important to remember that for CO2 storage, groundwater monitoring is not intended to be the primary monitoring method for detecting fluid leakage and migration. It is only one of many required testing and monitoring methods. Even so, the monitoring network must be planned and established appropriately and then tightly coordinated with the other testing and monitoring methods to maximize the protection of underground sources of drinking water.
SCS Engineers will continue to post timely information, resources, and presentations to keep you well informed. These include additional guidance, industry reaction, and webinars with our teams using our website, on SCS Engineers LinkedIn, and on SCS YouTube on-demand forums.
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Green hydrogen is a clean fuel that produces only water when consumed in a fuel cell. Because it is produced from domestic resources, such as natural gas, nuclear power, biomass, and renewable power like solar and wind it is an attractive energy option for transportation and electricity generation applications.
SCS Engineers’ recent publication “Green Hydrogen – A New Frontier in Energy” evaluates the feasibility of hydrogen as green energy from production, transportation, storage, infrastructure investment, and environmental impact aspects. He discusses the technical and environmental challenges being addressed now through research, design, and development, and addressing the environmental obstacles to successful implementation of fuel cells and the corresponding hydrogen infrastructure.
Keep an eye on the Department of Energy’s Hydrogen and Fuel Technologies Office site where DOE publishes the developing and testing complete system solutions that address all elements of infrastructure and vehicle technology, integrated hydrogen and fuel cell technologies validations for transportation, infrastructure, and electric generation in systems using real-world operating conditions.
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A couple of decades ago, industry Environmental Managers (EM) reviewed and interpreted regulations, permit requirements, and reporting obligations and educated their operations personnel on requirements from the Clean Air Act and Clean Water Act. As usual, time flies, and those major pieces of environmental legislation are more than 50 years old now, and much of the framework remains unchanged. There have also been advances in the best control technologies and great strides in automated record keeping and reporting, enabling us as environmental compliance professionals to be more efficient and offering “clear skies” regarding a manageable workload. Sure, occasional exceedances, deviations, or releases require a four-alarm fire drill as an appropriate response or the integration of the most recent ISO 14001 version release. Still, for the most part, times were good.
Sustainability changes everything.
Environmental Managers read press releases from CEOs making bold claims that their company is adopting “zero” carbon or “net neutral” goals without a real baseline carbon inventory or a roadmap for accomplishing such aggressive measures. Not to say that setting stretch targets are a “bad thing.” On the contrary, they are good targets that improve environmental stewardship for companies that may not otherwise focus on such activities. John F. Kennedy’s famous “We choose to go to the Moon” speech set a bold target for landing on the moon, stretching our space program to new limits.
Meeting the New Challenge
The challenge for you, the EM, comes into play when the responsibility of this relatively new sustainability practice is now on your desk. Larger companies are hiring Sustainability Directors at a record pace which is vital to the planning and programming of new sustainability initiatives. But even then, there are situations where EMs are responsible for implementation and retrofitting plans or projects that are conceptual in nature. And if you don’t have the luxury of a Sustainability Director to lean on, you now have the additional responsibility of developing road maps and strategies.
Where can an Environmental Manager focus on impactfully?
After concluding your version of the Serenity Prayer, we suggest starting in these three areas:
These steps will go a long way toward planning, programming, and launching sustainability initiatives with measurable results. Environmental Managers are making a difference by collaborating with operations to convert sustainable ideas and goals into reality. SCS works with large and small public and private entities to support their actions.
About the Author: Steven D. Stewart, P.E. PMP, SCS Engineers. Project Director. LinkedIn. I look forward to hearing, ‘One small step for man, one giant leap for Environmental Managers.’ If you need help with your sustainability program, don’t hesitate to contact us at SCS Engineers. Look for Steve this week at the GreenBiz 2023.
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Abdul Mulla-Saleh, PhD, PE, BCEE, joins SCS Engineers as a Project Director specializing in civil and environmental services for solid waste management and master planning, landfill permitting, site development, landfill expansions and closures.
“Abdul brings superior credentials to serve SCS’s clients. Our Southeastern engineering teams bring a holistic approach to solid waste management by combining field skills, advanced technology, and engineering experts to focus on sustainable solutions,” states Vice President Shane Fischer.
Dr. Mulla-Saleh is a licensed Professional Engineer in Alabama, Florida, Georgia, and South Carolina and a Board Certified Environmental Engineer who has supported large civil and environmental projects globally. His portfolio includes new site development and infrastructure projects, master plans for drainage and wastewater, solid waste management, hydrologic and hydraulic studies, flood control structures, pump stations, and roadways.
His successful track record includes projects in the US, where he completed environmental projects, including landfill engineering and solid waste management facilities design, sustainable waste management, including zero waste and carbon neutral concepts, and technical quality assurance.
Abdul is a published author and presents at industry and association educational events. He is a member of the American Academy of Environmental Engineers, the American Society of Civil Engineers, the International Solid Waste Association, and the Solid Waste Association of North America. He earned his PhD in Civil Engineering at the University of South Florida; his MS in Environmental Engineering also at the University of South Florida; and his BS in Civil Engineering at the University of South Alabama.
There is a demand for qualified professionals such as Abdul, and opportunities for those just beginning their careers at SCS Engineers. Each and every team at SCS has opportunities to help protect our water, air, and land for those interested in gaining experience or sharing their expertise with industries responsible for safeguarding the environment as they deliver essential services and products.
For more information about us, please watch our video to see what you can do for your business and community. If you prefer working outdoors as part of a talented, unique team please watch this short video. No matter your job at SCS, you will make a difference!
