PFAS in Belgium – From awareness to accountability and remediation

PFAS in industry 

PFAS, or ‘forever chemicals’ are prized for their enduring resistance to heat, water and oil, making them crucial in industries such as firefighting where they're prevalent in fire-fighting foams. However, the strong carbon-fluorine bond, responsible for PFAS resilience, is also a concern. Despite some partial degradation in complex molecules, these bondsultimately form persistent substances like PFOA and PFOS. This lack of degradation poses environmental threats and health concerns, as research links PFAS exposure to hormone imbalances, low birth weights, immune system issues in children and a potential increased risk of cancer following prolonged exposure.

PFAS in Belgium

Zwijndrecht – a notorious case

The PFAS contamination of Zwijndrecht is well-known and stems from historical pollution linked to the 3M factory, a major PFAS producer in Europe. Despite ceasing some PFAS production in 2002, the newer PFAS compounds produced by 3M were unexpectedly more mobile and dispersed rapidly into the environment. Studies indicate elevated levels of PFAS in Zwijndrecht’s population, which has prompted concerns about health implications and calls for stricter regulations.

Recently, 3M appealed to the Council of State to overturn the Flemish government’s site decision ‘PFAS 3M – Zwijndrecht’ which requires the company to remediate polluted areas. This move contradicts a previous agreement where 3M committed 571 million euros to remediation. Flemish Minister Zuhal Demir asserts that 3M must fulfil its cleanup obligations, expressing confidence in the enforcement of the agreed terms. 

Recent developments in Wallonia and Brussels

In Wallonia and Brussels, an investigative report by RTBF journalists recently challenged the initial perception that PFAS contamination was confined to Flanders. Contrary to initial data suggesting limited contamination in the rest of Belgium, an eight-month inquiry revealed over 335 PFAS-contaminated sites in Wallonia and Brussels. Among these, the inquiry identified 36 clusters with highly contaminated ‘hotspots’ which surpass the 100 ng/l guideline for drinking water. This has obviously raised health concerns. The journalists advocate for stricter regional standards, which echoe the proactive measures observed in Flanders.

The legislative response to the crisis

Following the discovery of contamination in Flanders, initiatives such as the Flemish PFAS Action Plan of July 2023 were launched to deal with both past contamination and the reduction of future risks.

Emission standards in Flanders were optimised for greater efficiency. They now emphasise the concentration in terms of the volume of emissions and include the following key standards:

• For water contamination, the changes are in line with the EU’s Drinking Water Directive, which establishes a standard of 100 ng/l for the 20 most common PFAS (0.1 µg). To provide some context, the United States has set its standard to 4 ng/l, while Denmark has a stricter standard of 2 ng/l. 

• For soil contamination, Flanders adheres to the guideline values which include 3 μg/kg for PFOS, 3 μg/kg for PFOA, and 8 μg/kg for the sum of PFAS. In terms of air quality, specific concentrations in airborne particles have been established for the various distinct PFAS, ranging from 0.4 ng/m³ to 2.2 ng/m³. 

• The reporting limit for most PFAS in groundwater is set to 10 ng/l (or 50 ng/l in certain instances). When returning drainage water to the ground, the reporting limit for groundwater serves as the quality requirement unless specified otherwise in the permit. Existing installations have until March 2024 to implement measures aimed at keeping PFAS concentrations below reporting limits when returning drainage water to the ground. Alternatively, adjustments can be made to the project permit to ensure compliance with the regulations.

Since 2022, Flemish permit requirements have also been tightened for PFAS. An environmental permit is required for operations or activities which use PFAS materials when the concentration of PFAS in the industrial wastewater on site exceeds 20 ng/l (or 50 ng/l in some instances). The companies that discharged below 100 ng/l, and thus previously did not require a permit, have been granted a transition period to make the necessary adjustments. For existing discharges which surpass 20 ng/l (or 50 ng/l), measures must be implemented before March 2024 to ensure compliance with these limits. Alternatively, PFAS must be incorporated into the permit. In the case of new discharges which exceed these limits, companies must immediately request a discharge standard. Companies which already hold a permit for PFAS are exempt from taking additional action.

No binding legislation or guidelines exist in Wallonia and Brussels yet.

If you need legal guidance on a PFAS-related subject, don’t hesitate to contact us. We’re here to provide support and to help you address any PFAS-related legal issues.

Els Empereur, Karel Veuchelen, Imane El Arnouki