Legal and Regulatory Framework Challenges in Consideration of Multiple Types of Uncertainties
facilitie that has resulted in the presence of per- and polyfluoroalkyl substances (PFAS) in a complex
fractured bedrock potable groundwater aquifer. Downgradient residential properties which rely on
groundwater as a potable water source (private wells) have initiated a class-action lawsuit.
As an emerging contaminant, the long-term effects of PFAS exposure to receptors is still being studied, which leads to challenges in communicating information to affected residents and other stakeholders that include local politicians, Public Health officials, environmental departmental representatives, the media, and ultimately, lawyers involved in the Class Action suit. How are evolving regulatory levels and complex uncertainties affecting decisions and trust?
The presentation will examine the three main types of uncertainties (1. Natural variability; 2. Model and Parameter uncertainty; and 3. Deep Uncertainty) and sources of uncertainty to assess, characterize, reduce, communicate, and tie into decision-making and support the legal aspects of decisions. Discussion on considerations for the reductions of modeled uncertainties from a fractured bedrock environment as well as asking how much effort (merits vs costs) to put into reducing the uncertainty – and accept that deep uncertainties are unlikely to be able to be reduced during a project timeframe, will be examined. Given the rapidly evolving PFAS regulatory environment, the presence of detectable concentrations can trigger continued sampling and long-term treatment of the potable water supply, possibly below Applicable or Relevant and Appropriate Requirements (ARARs). Challenges have included (1) complex sampling, (2) evolving analytical techniques, (3) development of new ARARs in multiple jurisdictions with diverging levels and approaches.
The presentation will conclude on lessons learned in communicating risks, with the added complexity of a complex fractured bedrock aquifer.