PFAS regulations and Phase I ESA in Texas are becoming increasingly important for developers, lenders, and property owners. With new environmental standards emerging across the country, understanding how PFAS—often called “forever chemicals”—impact Phase I Environmental Site Assessments (ESAs) is essential to staying compliant and avoiding environmental liability.
What Are PFAS and Why Should Texas Businesses Care?
PFAS stands for Per- and Polyfluoroalkyl Substances — a group of man-made chemicals that are great at resisting heat, oil, water, and stains. That’s why they’ve been used in everything from non-stick cookware to waterproof clothing and industrial processes.
The problem? They don’t break down. PFAS stick around in the environment — and even in our bodies — for years. Studies have linked them to serious health issues like cancer, hormone disruption, liver damage, and developmental delays in children.
New PFAS Regulations: 2024 and Beyond
In 2024, the EPA finalized drinking water limits for several PFAS chemicals — and by 2025, public water systems and industries across the U.S. must comply. That includes:
- PFOA and PFOS capped at just 4 parts per trillion (yes, trillion!)
- Other PFAS like GenX and PFBS now monitored under new “hazard index” rules
Texas is following suit. The TCEQ (Texas Commission on Environmental Quality) is updating its own standards, which means:
- More PFAS testing in groundwater, surface water, and discharge permits
- Stricter reporting for industries like oil & gas, chemical manufacturing, and waste facilities
- A bigger focus on site cleanup where PFAS is detected
Why It Matters to Your Business
The biggest change is that the EPA is moving to label certain PFAS as hazardous substances under CERCLA (aka Superfund law). That means:
- Property owners could be on the hook for past contamination — even if they weren’t directly responsible
- Developers, lenders, and investors will expect stronger environmental due diligence
- Cleanup costs could go through the roof
In short: if PFAS is found on or near your site, regulators and liability lawyers will be paying attention.
What About Phase I and Phase II Site Assessments?
If you’ve ever gone through a Phase I ESA (Environmental Site Assessment) before buying or selling property, you know it’s all about identifying environmental risks. Until recently, PFAS wasn’t always part of that. But now? It’s becoming a key issue.
- In a Phase I ESA, we look at property history and past use. If there’s reason to believe PFAS could be present (like past use of firefighting foam, manufacturing, or waste disposal), that could trigger further investigation.
- A Phase II ESA might then involve soil and groundwater testing to detect PFAS and understand how far it’s spread.
At BuildEng Environment, we’ve started integrating PFAS assessments into our environmental due diligence process — especially for clients in industrial zones or dealing with redevelopment projects.
What Should You Do Now?
If you’re planning to buy, sell, or develop property — or you’re just concerned about compliance — this is the right time to get ahead of the curve. PFAS rules are tightening, and staying proactive can help you avoid costly surprises down the road.
✅ Need help evaluating your site for PFAS risks?
✅ Want to understand how the new regulations apply to your business?
We’re here to help. At BuildEng Environment, we offer turnkey environmental solutions, including PFAS sampling, regulatory compliance, and full Phase I and II site assessments.
📩 Contact BuildEng Environment today for expert advice and turnkey environmental solutions.