DEP launches its Tier II PFAS investigation earlier than expected.

Members of the 130th Maine Legislature: 

The Department of Environmental Protection (DEP) will start broadening its assessment into the presence of per- and polyfluoroalkyl substances (PFAS) at recognized Tier II sites throughout Maine in August. The Department's staff has made significant progress in structuring and implementing new programs under 2021 Public Law Chapter 478, An Act To Investigate Perfluoroalkyl and Polyfluoroalkyl Substance Contamination of Land and Groundwater, which took effect on October 18, 2021. This advancement into the next phase occurred several months earlier than anticipated.

Within the next two weeks, DEP staff will make initial contact by phone with municipal officials to inform them of the Tier II investigation, and to answer any questions. Once each community has been informed, DEP staff will continue to research and gather Tier II site information, then contact landowners and residents in those communities to start scheduling PFAS soil and groundwater sampling events.  It is anticipated that the Tier II evaluation will continue throughout 2023. More information about scheduling of Tiers III and IV is anticipated to be known by late 2023.

The DEP prioritized the evaluation of all sites located around the state into four Tiers (I, II, III, IV) to designate the approximate schedule for sampling.  Tier I sites were sampled first with the intent of following with the subsequent Tiers in order. Information about DEP’s Tiered system is available at the DEP PFAS website.

The initial evaluation of Tier I sites is anticipated to be complete by the end of August. The process for each site includes sampling of soils at licensed land application sites as well as nearby private drinking water wells (groundwater) determined to be at risk for PFAS impacts from these sites. Initial evaluation sampling locations are developed by DEP scientists based on several site-specific factors including land application records, hydrogeology, and proximity to licensed sites. Once DEP staff have completed the initial evaluation, DEP scientists review the data and make a determination as to whether an expanded investigation is necessary, referred to as a “step-out investigation”. Where groundwater levels exceed Maine’s interim drinking water standard surrounding a land application site, the radius of investigation may be expanded. Not all sites will require step-out sampling. Step-out sampling may take a few extra weeks or in some cases may take years for larger sites that have many fields contributing to potential contamination.

In locations where it is determined that private drinking water wells exceed Maine’s interim drinking water standard for PFAS, and contamination is likely due to the land application of sludge or septage, DEP will work with homeowners to ensure that they have clean water to drink. In these circumstances, DEP will provide homeowners with bottled water until a filtration system can be installed and determined to be effective.

To ensure that the system is effective, DEP will sample the system 1-3 months after installation. If the system is working effectively, bottled water will no longer be provided, and instead a schedule will be developed for the monitoring and maintenance of the installed filtration system. Installation, monitoring and maintenance will be paid for by the state until such time as funds are no longer available.

At active farms, sampling of PFAS in agricultural products, irrigation water, and at specific soil locations is coordinated through the Maine Department of Agriculture, Conservation and Forestry as the needs for farmers are different than other types of landowners and homeowners.  

By way of background, sludge and septage that may contain PFAS was applied to various “sites” throughout Maine. This activity was licensed because at the time it was considered a beneficial agricultural practice, and little was known about PFAS as an emerging contaminant.  Sites have been identified based on decades of licensing information gathered, reviewed, and evaluated by the DEP. Each site typically includes multiple fields (i.e., agricultural land, pasture, or other land), and may also cross district, town, and even county boundaries.  Some sites may have different owners than when a license was first issued, requiring DEP’s evaluation to include identifying land use changes and practices. Moreover, some sites may have also been used by multiple generators meaning that sludge from several different sources was sometimes land applied at the same site. 

Inquiries should be directed to David Madore, Deputy Commissioner and Communications Director, David.Madore@maine.gov. Additionally, you can go to the DEP website at http://www.maine.gov/dep/spills/topics/pfas/index.html. This webpage is updated regularly as new information becomes available. Your constituents can also ask specific questions by submitting an e-mail to the DEP at: pfas.dep@maine.gov.