Over the past decade, State and Territorial Regulators have begun to prioritize contaminants of emerging concern (CEC) as information on substances like Per- and Fluoroalkyl Substances (PFAS) surfaces. ASTSWMO defines CECs to include any physical, chemical, biological, radiological substance or matter in any environmental media that may pose a risk to human and/or ecological health, is under regulated, and the presence, frequency of occurrence or source of which is not well understood, routinely monitored, and/or may lack analytical methods. Recent experiences with CECs, like PFAS, present unique challenges for States and Territories (States) at Federal Facility cleanups related to:
- Regulatory frameworks;
- State Involvement;
- Incorporating evolving science into government regulations and policies;
- Varied sources, processes, and findings in research; and
- Risk communication.
The discovery of CECs and a dearth of scientific information about their toxicity creates situations where risks at some Federal Facility cleanup sites are uncertain and potentially underestimated. Project teams may not have reliable information regarding site concentrations and risks, fate and transport, or standardized policies or methods for sampling or remediation of these contaminants. Stemming from this lack of information, public concern over CECs can create tension between regulatory agencies which can erode trust in public health institutions.
The purpose of this paper is to 1) identify issues that have complicated and slowed CEC evaluation at Federal Facilities, and 2) make recommendations for more efficient and comprehensive responses in the future. The paper is primarily focused on experiences with PFAS and related compounds as they are the most recent and pressing class of CECs regulators are faced with.