Polyfluoroalkyl substances (PFAS) have been a focal point of environmental litigation for well over a decade. However, these “forever” chemicals have been prevalent in American manufacturing since the 1950s, well before last year’s designation of two widespread PFAS (PFOS and PFOA) as hazardous substances under CERCLA. This can present a daunting challenge for PFAS litigants: how to document historical PFAS usage when there was no requirement to regulate or report it.
Fortunately, Taylor Research Group (TRG) regularly deals with similar questions. From asbestos to PCBs to PFAS, we have developed a process that has allowed us to uncover sought after, yet hard to find historical documentation. While PFAS research can present unique challenges, the tools and techniques that we use are generally the same when researching other environmental contamination matters, some of which date back to the 18th century. While there are no guarantees when it comes to what types of records were generated for a specific site, or how well they were preserved, our approach has routinely uncovered critical information for our clients.
Knowing Where to Look
When conducting research, we combine our contextual knowledge with our familiarity with a wide array of federal, state, and local regulatory bodies and the types of records that they historically generated and retained. TRG routinely conducts research across the United States, experience that is extremely valuable for any project. Especially at the state and local level, documents that may not appear immediately relevant to environmental matters can often provide valuable insights, including confirmation of the presence of PFAS at a site–and even volumetric data and information regarding manufacturing processes.
We are also familiar with key repositories holding company and industry-specific publications, from corporate minutes to trade journals. These sources frequently provide crucial information, both in terms of specific PFAS usage and providing important context and leads that help guide us during the course of our research.
TSCA Will Eventually Help, But Historical Research Will Remain Important
In previous blogs, we touched on the anticipated reporting requirements for manufacturers of PFAS under the Toxic Substances Control Act (TSCA). Earlier this year, the Environmental Protection Agency (EPA) once again extended PFAS reporting for manufacturers and importers under TSCA. The new reporting deadline of October 13, 2026 for most manufacturers, and April 13, 2027 for small manufacturers, will require reporting on PFAS usage from the period of 2011 through 2022.
These records will serve as an important data set for future environmental litigation and, like other required TSCA disclosures, we expect to make routine use of it in our work. Still, approximately six decades of potential PFAS usage will remain undocumented under the new TSCA requirements. We know that our clients will continue to rely on TRG’s expertise in finding, understanding, analyzing, and contextualizing the historical record in order to document the use and disposal of PFAS and other constituents of concern.
