Thomas Brugato’s commentary appeared in an Agenda article about the EPA's proposal to limit Per- and Polyfluoroalkyl Substances, or PFAS, in drinking water. PFAS are man-made chemicals used to make nonstick cookware, water-repellent clothing and firefighting foams, among other products, and feature in the supply chain of everything from cosmetics to semiconductors. They are known as “forever chemicals” because they don’t break down in the body and take thousands of years to break down in the environment.
According to Thomas, the EPA’s proposal to regulate PFAS is significant, but relatively narrow because it would apply only to water supply systems that serve at least 25 people per year, which can include private facilities that have their own water supply system, and because it limits the concentration of only six PFAS.
Highlighting why companies should be bracing for the potential of increased litigation, Thomas said that the proposal “is also likely to lead to increased efforts by public water suppliers to recover costs necessary for PFAS treatment from parties who may have been responsible for historic releases of those chemicals into the environment.”
Thomas determines that one of the most significant environmental issues facing many companies in the coming years will be identifying and appropriately managing chemicals in their supply chain. “Companies have faced immense challenges in obtaining — and then deciding how to act on — accurate information from their suppliers, which may number in the thousands and supply tens or hundreds of thousands of different components,” he said. “With respect to chemicals in the supply chain, companies will need to develop a comprehensive, long-term strategy for how to prioritize categories of chemicals for identification, or risk abrupt regulatory restrictions and potential litigation over the continued sales of their products.”
Thomas added that such a strategy should not only address chemical identification, but also include a plan for determining how to respond to the presence of those chemicals in the supply chain. “Companies that adopt a proactive, forward-looking approach will be better positioned to adapt to a regulatory landscape that is rapidly shifting at the federal, state and international levels, but will face significant challenges in appropriately managing the burdens and risks associated with conducting a detailed evaluation of chemicals in their supply chain,” he said.
Thomas concludes that the proposal is “emblematic of EPA and states’ increasing focus on PFAS, and is a harbinger of additional federal restrictions on PFAS usage to come.”
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