Environmental Review Laws and PFAS
State environmental impact review laws—California’s CEQA, Washington’s SEPA, and similar statutes—require assessment of environmental impacts from proposed projects and government actions. PFAS is increasingly integrated into environmental review processes as awareness of its significance as a project-level and cumulative environmental impact has grown.
CEQA and PFAS in California
California environmental review practitioners are incorporating PFAS analysis in EIRs for projects involving AFFF storage and use, industrial facilities with fluorochemical processes, biosolid land application, and development of PFAS-contaminated sites. CEQA Guidelines updates in 2024 explicitly address PFAS as a chemical substance requiring assessment in appropriate project contexts.
Cumulative PFAS Impact Analysis
Environmental review requires assessment of cumulative impacts—the combined effect of multiple projects and existing conditions on a receptor. PFAS cumulative impact analysis for projects in already-contaminated areas must evaluate the marginal increase in community PFAS burden from the proposed action against existing baseline contamination. Environmental justice communities facing cumulative PFAS burdens deserve heightened cumulative impact scrutiny.
Mitigation Measures and Monitoring
CEQA and SEPA can require PFAS mitigation measures as project conditions: PFAS testing of site soils and groundwater, treatment requirements for PFAS-contaminated soil or water encountered during construction, PFAS monitoring during project operations, and remediation commitments for discovered contamination. These mitigation conditions provide community protection that regulatory permits alone may not achieve