ASTM E1527-21: Emerging Contaminants
February 27th, 2023
You might read ASTM E1527-21 and think I accidently typed my password on top of the title of this article. But what all those letters and numbers add up to is one of the most important standards in the environmental consulting field. And not knowing what it is could be costly! And of course, it’s because of that ever present specter of PFAS (cue thunder and lighting and spooky music).
New definitions, required attachments, and revised standards of practice for research and site reconnaissance distinguish the ASTM E1527-21 from the ASTM E1527-13. One of the most significant changes is the addition of emerging contaminants (e.g., per- and polyfluoroalkyl substances, or PFAS) to non-scope considerations. Emerging contaminants are not required to be assessed by environmental professionals as they are not defined as “hazardous substances” under CERCLA.
However, this may change soon. The EPA recently released its intention to designate certain of the many thousands of PFAS chemicals as “hazardous substances” under CERCLA. If the EPA follows through, designated PFAS must be assessed to comply with “all appropriate inquiry” requirements to enable bona fide prospective purchaser, contiguous property owner, and innocent landowner liability protections under CERCLA.
Where this can really trip you up is that CERCLA enforcement can be applied to pollution issues pre-dating the “hazardous substance” designation, meaning recent property owners that did not assess for PFAS before this change may not qualify for CERCLA liability protections and may be left footing the bill for pricey EPA-mandated cleanups.
These potentially significant costs can make lending and insurance entities uneasy during property transactions. Amid all this uncertainty, the best way to protect potential purchasers, lending and insurance parties may be to assess potential PFAS risks even if it isn’t currently required.
The good news is that HRP is here to help. We’re on top of the latest news from the regulatory world, as well as what’s happening with PFAS. To get all the details, follow our social channels and subscribe to the PFAS Pulse, HRP’s subscription service for all things PFAS!
Sarah Boison, Senior Consultant at HRP Associates, Inc.
Contact Us
Register for Training
Join Our Mailing List
