December 2017
and a growing public perception that
“no risk” is acceptable from chemicals,
there may even be public pressure to
address conditions even when
concentrations are below regulatory
limits (e.g., public water supplies).
• Since there are only a few technologies
that appear effective in treating
PFAS, finding a cost-effective
method to treat and clean up these
contaminants will be challenging.
What can industry do?
1. In the absence of institutional
knowledge, consider conducting a
preliminary assessment (PA) of
your current and former operations
to evaluate whether you may have
used PFAS. Make sure you keep
good records.
2. Review the historic material safety
data sheet or current safe ty data
sheet of materials used in your
operations. If you are using PFAS,
consider whether an alternative
non-PFAS containing material can
be used instead.
3. Understand the specific fate and
transport mechanisms for each
location possibly impacted.
4. Monitor the activities of MPART,
develop standards and consider
commenting on rules and regulations,
either on your own or through
organizations such as the MMA.
The state has created a website,
michigan.gov/pfasresponse, where
developments can be monitored.
MiMfg Magazine
5. In some instances, it may be
advisable to investigate in order
to evaluate whether potential
environmental liability issues
require additional attention or
document that no liability exposure
exists based on the PA.
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Todd Fracassi is a partner at
Pepper Hamilton LLP. He may
be reached at 248-359-7304
and [email protected].
Pepper Hamilton is an MMA Associate member.
Visit online: www.pepperlaw.com.
James Colmer is vice president
of operations at BB&E. He may be
reached at 248-489-9636 x309
and [email protected].
BB&E Inc. is an MMA Associate member.
Visit online: www.bbande.com.
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