WEBVTT - Why PFAS Legal Risks Persist for 3M, Peers

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<v Speaker 1>Welcome to the Votes and Verdicts podcasts hosted by Bloomberg Intelligence,

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<v Speaker 1>the investment research arm of Bloomberg LP. In this podcast series,

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<v Speaker 1>we talk about the intersection of business policy and law.

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<v Speaker 1>My name is Holly from I'm an analyst with Bloomberg

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<v Speaker 1>Intelligence covering consumer and industrials litigation. Today's podcast we'll focus

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<v Speaker 1>on regulatory and other issues related to p fast chemicals

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<v Speaker 1>or what are also called forever chemicals. I'm delighted to

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<v Speaker 1>be joined today by Scott Wilson, President and CEO of regenafis,

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<v Speaker 1>a global leader in environmental technology. Scott has devoted a

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<v Speaker 1>significant amount of time to p fast for mediation. So Scott,

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<v Speaker 1>thank you for joining us. Can you tell us a

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<v Speaker 1>little bit about your background and what ReGenesis does.

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<v Speaker 2>Yeah, well, thanks thanks for having me, Hollie. I appreciate it. Yeah.

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<v Speaker 2>Just by way of background, I've been in the environmental

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<v Speaker 2>remediation industry since really the birth of the industry itself

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<v Speaker 2>back in the eighties. I have an undergraduate degree in

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<v Speaker 2>biology and a master's degree in applied microbiology as it

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<v Speaker 2>relates to chemical as it relates to patrolling engineering in

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<v Speaker 2>geochemistry type of things. We were injecting bacteria into oil

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<v Speaker 2>reservoirs and trying to clean up certain fractions of oil

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<v Speaker 2>with bacteria back in the day. And I then moved

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<v Speaker 2>into the environmental industry and was with one of the

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<v Speaker 2>first groundwater treatment firms, in fact, the first public company

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<v Speaker 2>treating groundwater that was groundwater technology back in the day.

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<v Speaker 2>And then then I went back to school and got

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<v Speaker 2>an NBA from Kellogg and then have been with ReGenesis

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<v Speaker 2>for now twenty five years or so. So that's a

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<v Speaker 2>bit of my background.

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<v Speaker 1>And what does re Genesis do.

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<v Speaker 2>Yeah, so we are a company that's dead ded catered

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<v Speaker 2>to developing sort of the leading edge environmental technologies to

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<v Speaker 2>restore groundwater and soil that's been contaminated. Uh. And so

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<v Speaker 2>what we do is we develop chemical and biological type

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<v Speaker 2>technologies that are used by engineering firms all around the

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<v Speaker 2>world to restore polluted land and contaminate the land. So

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<v Speaker 2>we have we have a pretty broad understanding of the

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<v Speaker 2>global problems that are that are confronting us with the

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<v Speaker 2>use of different chemicals in our everyday lives that get

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<v Speaker 2>into the media that we breathe and that we that

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<v Speaker 2>we you know, eat and drink, and that sort of thing. So, yeah,

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<v Speaker 2>so that's what we do, got it?

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<v Speaker 1>And I understand that a significant amount of your intention

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<v Speaker 1>has been devoted to p FAST. For those who don't know,

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<v Speaker 1>can you explain what p fats are and why they

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<v Speaker 1>are a contenant of concern?

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<v Speaker 2>Yeah, So p FAT stands for poly or perfluorinated alcohol substances,

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<v Speaker 2>And really what that means is that it's a nomenclature

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<v Speaker 2>for a broad range of chemicals that are all related.

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<v Speaker 2>Uh and and they're chains of carbon atoms ranging from

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<v Speaker 2>a couple carbons long to eight or nine carbons long.

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<v Speaker 2>And these these molecules have one if you consider a

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<v Speaker 2>chain of carbon on one end, there's a what's known

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<v Speaker 2>as a water loving group or a hydrophilic group that

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<v Speaker 2>tends to pull the molecule into water. The other end,

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<v Speaker 2>I should say that the rest of the chain has

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<v Speaker 2>fluorine atoms all over it, and and that that that

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<v Speaker 2>end of the molecule really doesn't like water at all,

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<v Speaker 2>so it tends to stay more on the surface of

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<v Speaker 2>of of materials and or into into oil or for fats. So,

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<v Speaker 2>so what you have is that these molecules, there's' be

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<v Speaker 2>like five thousand different variations of these. But but they

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<v Speaker 2>have really unique characteristics, much like soaps, if you want

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<v Speaker 2>to look at it that way. They will tend to

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<v Speaker 2>move in water somewhat depending on the length of the molecule.

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<v Speaker 2>The more the more long, the longer the chain of carbons,

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<v Speaker 2>the more it does not want to be in the water.

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<v Speaker 2>But but what happens is that is that these molecules

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<v Speaker 2>will tend to aggregate the surface of water and air

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<v Speaker 2>and they make bubbles. Uh And and as a result,

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<v Speaker 2>they've been used in products such as aqueous film forming foams,

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<v Speaker 2>which are firefighting foams. So you see, uh, you know,

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<v Speaker 2>on on airports and so forth, you see these foam

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<v Speaker 2>that they spray down on the on the runway. That's

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<v Speaker 2>often what's known as a triple F or firefighting foam

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<v Speaker 2>that's made with p fast molecules. And and it turns

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<v Speaker 2>out that that the way, the way this whole thing

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<v Speaker 2>started was when when these were invented, they realized that

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<v Speaker 2>it changed the surface of materials that were sprayed with

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<v Speaker 2>these compounds. For instance, you could you could spray, you know,

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<v Speaker 2>put it on a frying pan and it would make

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<v Speaker 2>it nonstick. You could put it into clothes and and

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<v Speaker 2>and water wouldn't penetrate it, but but air could breathe

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<v Speaker 2>through it. So we these molecules have found there their

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<v Speaker 2>their way into all sorts of products in our daily lives.

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<v Speaker 2>The non stick little cupcake holders often had pea fastened,

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<v Speaker 2>and the little the little paper paper doily things put

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<v Speaker 2>around cupcakes, for instance. So I mean there is in

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<v Speaker 2>all sorts of materials, but probably the most insidious area

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<v Speaker 2>that we see it is in the firefighting foams. And

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<v Speaker 2>the reason for that is the firefighting foams were formulated

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<v Speaker 2>with the longer chain pa fasts, the eight or the

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<v Speaker 2>eight carbon long type molecules, and those tend to not

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<v Speaker 2>want to be in well. They tend to want to

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<v Speaker 2>accumulate in oil and in fat molecules. So if you

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<v Speaker 2>drink those like let's say that some of that firefighting

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<v Speaker 2>foam gets into groundwater and then it gets into well

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<v Speaker 2>and you recover that for drinking. Even a very small

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<v Speaker 2>amount of that going into your body over time will

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<v Speaker 2>be detrimental simply because it's building up in your body.

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<v Speaker 2>It's what's known as bioaccumulation. The long chain, the long

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<v Speaker 2>carbon chain surrounded with fluorine tends to accumulate in the

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<v Speaker 2>fat cells of the fat and the cells in your body,

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<v Speaker 2>and it doesn't go out with your urine, So your

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<v Speaker 2>body accumulates it over time, and when we get larger,

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<v Speaker 2>when we get these higher concentrations, as it builds up,

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<v Speaker 2>it starts to have toxic and carcinogenic effects. So that's

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<v Speaker 2>sort of a little bit of background on the types

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<v Speaker 2>of molecules, where they're used, and the impact to human

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<v Speaker 2>health and the environment. What happens the humans also happens

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<v Speaker 2>to all sorts of life in streams and surface water bodies,

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<v Speaker 2>et cetera.

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<v Speaker 3>You got it.

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<v Speaker 1>And so what types of p fast impacted sites exist

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<v Speaker 1>out there?

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<v Speaker 2>Good question. So let's if you if you look at

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<v Speaker 2>at at sites that are impacted with p fasts, probably

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<v Speaker 2>the most clear and present danger is the drinking water sites. Right,

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<v Speaker 2>So they they that's on one end of the problem.

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<v Speaker 2>That's where it's being recovered and and we're you know,

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<v Speaker 2>we're put potentially drinking it. So there's water drinking water sites.

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<v Speaker 2>But if you look at if you look at where

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<v Speaker 2>that p fass came from, it's impacting that drinking water site.

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<v Speaker 2>It came from upgradients someplace, and that would be let's

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<v Speaker 2>say an airport or a military base, an industrial facility,

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<v Speaker 2>maybe a landfill. And what happens is, let's let's for

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<v Speaker 2>an example, let's look at an airport, the fire training

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<v Speaker 2>area where they were spraying these foams regularly to train.

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<v Speaker 2>That's filled with some peafast and the soil there well.

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<v Speaker 2>Then rain comes and drives it down into the subsurface

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<v Speaker 2>soil down to a point where it impacts the groundwater table,

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<v Speaker 2>which is a point in the subsurface where the soil

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<v Speaker 2>is filled with water. It's saturated. Once it's down there,

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<v Speaker 2>then it tends to move off site and down down

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<v Speaker 2>gradient if you want to look at that weight. So

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<v Speaker 2>those are what I call the source sites. Those source

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<v Speaker 2>sites are the sites that need remediation. Certainly on the

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<v Speaker 2>very downgradient where we're recovering it for drinking water, we'll

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<v Speaker 2>have to treat that for drinking but also the sites

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<v Speaker 2>that are causing the problem are the source sites. And

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<v Speaker 2>to answer your question, Holly, those include airportsli terry bases,

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<v Speaker 2>and industrial facilities. And those industrial facilities could range from

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<v Speaker 2>manufacturing facilities for textiles that were coating with p facts

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<v Speaker 2>to making dishware that was coated with teflon type substances,

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<v Speaker 2>to landfills, to a whole range of different industries that

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<v Speaker 2>have used this material in the past. Does that answer

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<v Speaker 2>the question?

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<v Speaker 1>Got it? Yep? And then with respect to those those

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<v Speaker 1>types of sites, which ones have new remediated? What types

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<v Speaker 1>of states have you remediated?

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<v Speaker 2>Yeah? Well, so, to be honest with you, there isn't

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<v Speaker 2>a whole lot of remediation going on yet. Most most

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<v Speaker 2>of all the sites out there have just been in

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<v Speaker 2>a study mode where they're trying to figure out what

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<v Speaker 2>the extent of contamination is and where the where the

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<v Speaker 2>groundwater beneath the site and moving off the site is

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<v Speaker 2>actually impacted with pfasts. So that's what most of the

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<v Speaker 2>work it has been done so far. However, there are

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<v Speaker 2>some sites that have been remediated. We have we have

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<v Speaker 2>actually treated about forty project sites or between forty and

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<v Speaker 2>fifty project sites to date, and they've included everything from

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<v Speaker 2>a small furniture manufacturing facility that was using p fas,

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<v Speaker 2>to a major refinery that was having p fasts leave

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<v Speaker 2>its facility into a river, to a superfund sites which

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<v Speaker 2>was an old landfill that that was trying to go

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<v Speaker 2>through a hazardous Waste Closure Action and they realized p

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<v Speaker 2>FASc was on the site and so that us EPA

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<v Speaker 2>has utilized our technology to restore that site as well.

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<v Speaker 2>So a broad range of facilities.

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<v Speaker 3>So when you say super fun, say, can you explain

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<v Speaker 3>what that is?

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<v Speaker 2>Ah? Yeah, So super fun means that it was a

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<v Speaker 2>super fund is A is a nickname an acronym force

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<v Speaker 2>for the CIRCLA UH a Circle of law UH and

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<v Speaker 2>and UH. What what that does is is basically, the

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<v Speaker 2>U s c p A has money available if a

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<v Speaker 2>site is abandoned and and there's no responsible party stepping forward,

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<v Speaker 2>they will actually utilize that money UH to to implement

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<v Speaker 2>a remediation and clean up themselves. There's also UH sites

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<v Speaker 2>that are named as a super Fund Project site by

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<v Speaker 2>the U s c p A, whereby responsible parties will

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<v Speaker 2>get together and they'll do the clean up themselves under

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<v Speaker 2>the auspice or under the direction of the U s

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<v Speaker 2>c p A, and they can be named as a

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<v Speaker 2>super Fun site as well. Got it.

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<v Speaker 3>P past hasn't been just need hazards planners since so

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<v Speaker 3>if if if a substance that does any hazardous then

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<v Speaker 3>under CIRCLA e p A can comment and try to

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<v Speaker 3>try to force responsible parties to clean it up. But

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<v Speaker 3>these substances have not yet been designated and hazardous, So

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<v Speaker 3>why would they.

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<v Speaker 1>Be remediating those or why would they even how would

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<v Speaker 1>they even know that they need to be remediated to

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<v Speaker 1>currently existing super fund sites.

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<v Speaker 2>Yeah, well, uh so, just just to be clear here,

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<v Speaker 2>when we say CIRCLA, we mean the Comprehensive Environmental Response,

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<v Speaker 2>Compensation and Liability Act. It was think there was, Yeah,

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<v Speaker 2>that was put in and that was an acted in

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<v Speaker 2>nineteen eighty and and and so under that under that act,

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<v Speaker 2>they're under that act, the e p A has the

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<v Speaker 2>right to designate certain compounds as hazardous substances. And when

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<v Speaker 2>a substance named as a hazardous substance under CIRCLA, it

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<v Speaker 2>means that that there has to that anyone having spilled

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<v Speaker 2>that material has to under the National Contingency Plan, has

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<v Speaker 2>to alert the U s c p A, and then

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<v Speaker 2>has to to implement a cleanup. So that's that's really

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<v Speaker 2>what that means. At at this point in time, the

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<v Speaker 2>U s c p A has come forward and said, hey,

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<v Speaker 2>we we put forward a roadmap on p fas Administer

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<v Speaker 2>Reagan put together a roadmap that that that says that

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<v Speaker 2>we will in fact designate this as a a hazardous

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<v Speaker 2>substance under circlet. But it has not yet been done.

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<v Speaker 2>That has not been that has not happened, and and

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<v Speaker 2>the thought is it will happen early next year. However,

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<v Speaker 2>states themselves have taken this, have taken the action to

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<v Speaker 2>implement regulations and put in clean up levels for for

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<v Speaker 2>for p fas, particularly p f O S and p

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<v Speaker 2>fo A, which are two specific molecules within the PFAS family.

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<v Speaker 2>So states have implemented clean up levels. However, federal facilities

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<v Speaker 2>like military bases, FAA controlled airports, and so forth, are

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<v Speaker 2>not obligated to clean up to those state levels, and

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<v Speaker 2>they're waiting for federal guidance. So once the federal government

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<v Speaker 2>that is, the e p A, implements this rule making

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<v Speaker 2>and says, hey, we're going to make p facs a

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<v Speaker 2>hazardous substance, these military bases in the FAA will have

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<v Speaker 2>to comply.

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<v Speaker 1>Got it. So it sounds like some are starting to already.

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<v Speaker 2>Yes, I think there are people that are starting to

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<v Speaker 2>get ahead of it. You know, most of the work

0:14:45.000 --> 0:14:47.320
<v Speaker 2>that we have done the forty starts, we've cleaned up.

0:14:47.600 --> 0:14:51.640
<v Speaker 2>There have been a couple that are that are federal. However,

0:14:51.840 --> 0:14:54.680
<v Speaker 2>mostly at state level, the federal is still waiting for

0:14:55.120 --> 0:14:57.840
<v Speaker 2>for the the other shoe to drop on the on

0:14:58.000 --> 0:15:01.800
<v Speaker 2>the substance designation hazard substance. Got it.

0:15:02.200 --> 0:15:06.200
<v Speaker 1>We've talked about, you know, other sites besides water authorities

0:15:06.720 --> 0:15:11.520
<v Speaker 1>that may require remediation. Three and one of one of

0:15:11.600 --> 0:15:17.560
<v Speaker 1>the manufacturers of PFASs reported at tentative, well, they just

0:15:19.160 --> 0:15:24.760
<v Speaker 1>submitted a proposal to resolve through a class action water

0:15:24.920 --> 0:15:30.000
<v Speaker 1>authority cases for lawsuits for remediation, reportedly for ten to

0:15:30.080 --> 0:15:34.520
<v Speaker 1>twelve point five billion dollars, and that would resolve p

0:15:34.640 --> 0:15:36.960
<v Speaker 1>FAST claims related to costs to drink drinking water to

0:15:37.040 --> 0:15:40.280
<v Speaker 1>treat drinking water. Do you have any idea of how

0:15:40.360 --> 0:15:43.680
<v Speaker 1>many of the other sites, the non water authority sites

0:15:43.800 --> 0:15:45.080
<v Speaker 1>you described exist.

0:15:46.080 --> 0:15:52.520
<v Speaker 2>Yes, so again, other than that the drinking water sites

0:15:52.560 --> 0:15:58.520
<v Speaker 2>that are impacted A good, a really good basis for

0:15:58.640 --> 0:16:03.040
<v Speaker 2>this was a paper that was published by Derek Salvatory

0:16:03.600 --> 0:16:07.520
<v Speaker 2>and a group at Northeastern University, and a few others

0:16:07.560 --> 0:16:10.400
<v Speaker 2>were involved too. There was something like ten authors on

0:16:10.480 --> 0:16:14.000
<v Speaker 2>this paper, so it's pretty comprehensive. It was published in

0:16:14.080 --> 0:16:19.920
<v Speaker 2>the American Chemical Society Journal Environmental Science and Technology Letters,

0:16:21.240 --> 0:16:25.200
<v Speaker 2>and it was published last year, late last year. And

0:16:26.000 --> 0:16:28.240
<v Speaker 2>what they did is they put together a probabilistic model

0:16:28.360 --> 0:16:36.760
<v Speaker 2>and tried to statistically estimate how many project sites or

0:16:36.800 --> 0:16:39.800
<v Speaker 2>how many sites out there in the US are impacted

0:16:39.880 --> 0:16:44.320
<v Speaker 2>by pfasts or contaminated by PFAST and they came up

0:16:44.440 --> 0:16:51.800
<v Speaker 2>with about five hundred and nineteen airports, thirty five hundred

0:16:51.880 --> 0:16:59.120
<v Speaker 2>military bases, and some forty nine thousand industrial facilities. And

0:16:59.200 --> 0:17:04.320
<v Speaker 2>those industrial facilities would include landfills, refineries, and manufacturing, et cetera.

0:17:04.960 --> 0:17:08.680
<v Speaker 2>So it's a huge number. And in terms of liability,

0:17:09.119 --> 0:17:13.199
<v Speaker 2>I mean, I can tell you, you know, a remediation,

0:17:14.840 --> 0:17:17.520
<v Speaker 2>a remediation of the refinery site that I mentioned that

0:17:17.600 --> 0:17:24.240
<v Speaker 2>we had completed. A large engineering firm, multinational engineering firm

0:17:24.320 --> 0:17:28.760
<v Speaker 2>undertook that cleanup and they compared our technology to the

0:17:28.840 --> 0:17:31.600
<v Speaker 2>typical technology of pumping the water from the ground and

0:17:31.680 --> 0:17:35.040
<v Speaker 2>treating it and they said, just you know, just the

0:17:35.080 --> 0:17:39.639
<v Speaker 2>installation alone would have been twenty some million dollars just

0:17:39.720 --> 0:17:45.560
<v Speaker 2>for the installation of the pumping system implementing our technology.

0:17:45.640 --> 0:17:47.800
<v Speaker 2>They were able to do that for about three point

0:17:47.920 --> 0:17:53.880
<v Speaker 2>five million. So there's a huge looming latent liability out

0:17:53.920 --> 0:17:58.400
<v Speaker 2>there to clean these sites up, and the typical way

0:17:58.480 --> 0:18:01.880
<v Speaker 2>to do that is to try to recover the water

0:18:01.960 --> 0:18:05.240
<v Speaker 2>from the subsurface and put it through different techniques to

0:18:05.359 --> 0:18:08.320
<v Speaker 2>concentrate it, whether you're bubbling it and skimming off the

0:18:08.400 --> 0:18:10.480
<v Speaker 2>bubbles or whether you're putting it on ato activity carbon.

0:18:11.000 --> 0:18:14.480
<v Speaker 2>Those pumping systems are trying to flush the pfast out

0:18:14.480 --> 0:18:18.520
<v Speaker 2>of the subsurface. And flushing it out of the subsurface

0:18:19.480 --> 0:18:26.840
<v Speaker 2>is what's been coined by a leading researcher remediation of perpetuity.

0:18:27.359 --> 0:18:31.359
<v Speaker 2>Trying to wash pfasts out of the subsurface aquaf for

0:18:31.480 --> 0:18:36.240
<v Speaker 2>by pumping the water out will take more than my lifetime,

0:18:36.320 --> 0:18:39.439
<v Speaker 2>your lifetime, your children's lifetime. It's going to take one

0:18:39.520 --> 0:18:43.320
<v Speaker 2>hundred plus years of pumping. So it's at a huge

0:18:43.400 --> 0:18:47.560
<v Speaker 2>cost on an annual basis. So it's really a looming

0:18:47.800 --> 0:18:48.760
<v Speaker 2>huge liability.

0:18:49.280 --> 0:18:52.000
<v Speaker 1>So there's pumping and treating and then what you do,

0:18:52.040 --> 0:18:53.960
<v Speaker 1>which I'll ask you to explain in a minute. And

0:18:54.080 --> 0:18:59.560
<v Speaker 1>then with respect to water authorities, what are the methods

0:18:59.640 --> 0:19:03.520
<v Speaker 1>there using to address p fasts in the drinking water.

0:19:03.800 --> 0:19:07.240
<v Speaker 2>Okay, so again looking at the sites, now we're downgradient,

0:19:07.320 --> 0:19:10.679
<v Speaker 2>we're down where the drinking water is being impacted. Right

0:19:10.840 --> 0:19:13.720
<v Speaker 2>where drinking water is being impacted, what they will most

0:19:13.880 --> 0:19:16.159
<v Speaker 2>likely do is is the water they pulled out of

0:19:16.200 --> 0:19:20.720
<v Speaker 2>the ground, they have to treat that to some extent anyway,

0:19:20.840 --> 0:19:23.800
<v Speaker 2>So it's already in a pipe, so what they'll what

0:19:23.920 --> 0:19:27.000
<v Speaker 2>they'll do is they will put that through probably what's

0:19:27.080 --> 0:19:30.720
<v Speaker 2>known as ion exchange resins. Much like a water software

0:19:31.359 --> 0:19:35.800
<v Speaker 2>takes takes takes minerals out, there are certain ion exchange

0:19:35.880 --> 0:19:39.200
<v Speaker 2>resins that that will pull p fasts out and then

0:19:39.240 --> 0:19:42.200
<v Speaker 2>they can regenerate those or dispose of them, or they'll

0:19:42.240 --> 0:19:46.080
<v Speaker 2>put it through activated carbon which is like charcoal, huge

0:19:46.200 --> 0:19:49.560
<v Speaker 2>charcoal filters that they'll put the water through and it'll

0:19:49.560 --> 0:19:52.200
<v Speaker 2>strip the p fass out onto the carbon. So that's

0:19:52.240 --> 0:19:55.280
<v Speaker 2>the types of technologies that they will implement at the

0:19:55.359 --> 0:19:56.879
<v Speaker 2>water at the water authorities.

0:19:56.960 --> 0:20:02.560
<v Speaker 1>Yes, and so with respect to the other sites that

0:20:02.640 --> 0:20:05.560
<v Speaker 1>we talked about in the technology that you've implemented that

0:20:05.640 --> 0:20:09.920
<v Speaker 1>you'll explain in a minute, why would those other sites

0:20:09.960 --> 0:20:12.320
<v Speaker 1>have to be remediated if they're already treating the water,

0:20:13.440 --> 0:20:15.760
<v Speaker 1>if they intend to treat the water at the water

0:20:15.800 --> 0:20:16.639
<v Speaker 1>authority anyway.

0:20:18.160 --> 0:20:22.760
<v Speaker 2>Right, Well, you have to remember that the p fast

0:20:22.880 --> 0:20:28.280
<v Speaker 2>moving in the subsurface in groundwater, is it spreads, you're

0:20:28.359 --> 0:20:31.480
<v Speaker 2>impacting a wider and wider and wider amount of the

0:20:31.600 --> 0:20:35.480
<v Speaker 2>water resource. We have not all of groundwater's impact factory,

0:20:35.520 --> 0:20:38.480
<v Speaker 2>very small amounts impacted at this point, and so the

0:20:38.600 --> 0:20:42.760
<v Speaker 2>intent is to the intent of designating this as a

0:20:42.800 --> 0:20:45.680
<v Speaker 2>hazardous substances to make it so that people have to

0:20:45.760 --> 0:20:49.280
<v Speaker 2>clean it up. What last thing we want is the

0:20:49.359 --> 0:20:52.720
<v Speaker 2>water resources, the groundwater to be impacted throughout the US

0:20:52.840 --> 0:20:54.479
<v Speaker 2>so that it always has to be treated with these

0:20:54.560 --> 0:20:57.879
<v Speaker 2>expensive methodologies. The other thing you have to remember is

0:20:58.000 --> 0:21:03.560
<v Speaker 2>that groundwater impact surface water, So all the streams, all

0:21:03.640 --> 0:21:08.040
<v Speaker 2>the lakes, they are all in communication with groundwater. And

0:21:08.800 --> 0:21:12.680
<v Speaker 2>when PFAST is in the groundwater leaking from a military

0:21:12.800 --> 0:21:16.639
<v Speaker 2>base or an airport or an industrial facility into the groundwater,

0:21:17.119 --> 0:21:20.800
<v Speaker 2>it's migrating under people's homes, through past their domestic wells,

0:21:21.520 --> 0:21:24.560
<v Speaker 2>and then into streams where it makes foam and it

0:21:24.640 --> 0:21:28.800
<v Speaker 2>impacts the fish, the wildlife. It's toxic and impacts them

0:21:28.840 --> 0:21:35.000
<v Speaker 2>as well. So it's insidious and it has a large

0:21:35.520 --> 0:21:41.920
<v Speaker 2>natural resource damages liability with it. With the impacting of

0:21:42.000 --> 0:21:46.199
<v Speaker 2>groundwater with PFAST, not to mention third party liability from

0:21:46.280 --> 0:21:49.240
<v Speaker 2>people that are swimming in lakes and streams that are

0:21:49.280 --> 0:21:52.800
<v Speaker 2>being impacted by pfast generated from a nearby airport or

0:21:52.880 --> 0:21:57.159
<v Speaker 2>military base. So it's not just drinking water, it's the

0:21:57.280 --> 0:21:59.880
<v Speaker 2>natural resource itself that's being impacted.

0:22:00.200 --> 0:22:01.840
<v Speaker 1>So we've heard that in a number of companies. I've

0:22:01.920 --> 0:22:06.800
<v Speaker 1>entered into deals to resolve water authority lawsuits, So lawsuits

0:22:06.800 --> 0:22:09.879
<v Speaker 1>over the drinking water. What are and you touched upon this,

0:22:10.000 --> 0:22:14.280
<v Speaker 1>but what are the remaining risks for What other risks

0:22:14.400 --> 0:22:18.360
<v Speaker 1>are out there for those companies, Well, all.

0:22:18.280 --> 0:22:22.719
<v Speaker 2>Of the remediation risk. When I say remediation, I mean

0:22:22.840 --> 0:22:27.040
<v Speaker 2>cleaning up the sites that caused the problem. So you

0:22:27.119 --> 0:22:29.720
<v Speaker 2>know that is a huge looming liability. As I said,

0:22:29.760 --> 0:22:33.280
<v Speaker 2>you know forty nine thousand industrial facilities out there that

0:22:33.960 --> 0:22:40.720
<v Speaker 2>if this probabilistic models correct, a large portion of those

0:22:40.920 --> 0:22:43.600
<v Speaker 2>are going to have to implement a remediation of groundwater

0:22:43.920 --> 0:22:46.639
<v Speaker 2>and soil. They're going to have to treat the source

0:22:46.800 --> 0:22:49.240
<v Speaker 2>of the contamination on their site, and if it's going

0:22:49.280 --> 0:22:51.720
<v Speaker 2>off site, they're probably going to have to treat the

0:22:51.800 --> 0:22:55.760
<v Speaker 2>groundwater that's migrated off site. And that's you know, as

0:22:56.160 --> 0:22:58.480
<v Speaker 2>the example I gave you the twenty million dollars for

0:22:58.560 --> 0:23:01.520
<v Speaker 2>the refinery. That's the cost of putting in a pumping

0:23:01.640 --> 0:23:06.200
<v Speaker 2>system if you know, somewhere are going to be somewhere

0:23:06.240 --> 0:23:10.840
<v Speaker 2>between three million and twenty million dollars just for the installation,

0:23:11.880 --> 0:23:14.840
<v Speaker 2>So it could be at it's a huge liability.

0:23:15.400 --> 0:23:19.520
<v Speaker 1>Yeah, And that's just you know, just just assuming that

0:23:20.400 --> 0:23:25.280
<v Speaker 1>their you know, causation could be proven and like you know,

0:23:25.520 --> 0:23:30.480
<v Speaker 1>the p FEST could be tied to those companies. So

0:23:30.720 --> 0:23:34.640
<v Speaker 1>with respect to and so we talked. I think he said,

0:23:34.640 --> 0:23:37.480
<v Speaker 1>you were talking about a refinery where the installation of

0:23:37.520 --> 0:23:39.920
<v Speaker 1>the pumping and treating method could just could cost three

0:23:39.960 --> 0:23:44.080
<v Speaker 1>to twenty million dollars. Is that true? Like at any

0:23:44.760 --> 0:23:47.240
<v Speaker 1>p FAS site, like for example, another a triple le

0:23:47.280 --> 0:23:49.240
<v Speaker 1>F site, because I'm trying to get an idea of

0:23:49.880 --> 0:23:52.960
<v Speaker 1>and that's the firefighting home sites. I'm trying to get

0:23:52.960 --> 0:23:55.760
<v Speaker 1>an idea of how much remediation and a single a

0:23:55.880 --> 0:23:57.480
<v Speaker 1>triple left site could cost.

0:23:59.520 --> 0:24:03.080
<v Speaker 2>Well, again, and it depends on the technology used. There

0:24:03.080 --> 0:24:05.440
<v Speaker 2>will be the sorce area. We'll have to stabilize the

0:24:05.560 --> 0:24:08.920
<v Speaker 2>soils or aul the soils off to be disposed of.

0:24:10.320 --> 0:24:14.080
<v Speaker 2>So worst case, worst case, it would be you know,

0:24:15.320 --> 0:24:17.560
<v Speaker 2>in the in the tens of millions of dollars for

0:24:17.760 --> 0:24:22.679
<v Speaker 2>soil treatment, uh and then and then tens of million

0:24:22.760 --> 0:24:27.000
<v Speaker 2>dollars of dollars to install a pumping system and then

0:24:27.359 --> 0:24:29.800
<v Speaker 2>to operate it a million, you know, eight hundred thousand

0:24:29.840 --> 0:24:33.320
<v Speaker 2>dollars a year to operate something like that. I mean

0:24:33.359 --> 0:24:35.800
<v Speaker 2>that's eight hundred to a million dollars operated per year.

0:24:36.400 --> 0:24:39.119
<v Speaker 2>So that's a you know, that's sort of the worst

0:24:39.160 --> 0:24:44.119
<v Speaker 2>case with our technology that we've developed.

0:24:44.560 --> 0:24:47.200
<v Speaker 1>We've been is that what is that technology called?

0:24:48.119 --> 0:24:51.440
<v Speaker 2>Yeah, so, so the technology that we've developed is and

0:24:51.640 --> 0:24:54.160
<v Speaker 2>let me just finish my thought. Instead of a twenty

0:24:54.240 --> 0:24:56.760
<v Speaker 2>million dollar install on eight hundred thousand dollars a year

0:24:57.240 --> 0:25:00.399
<v Speaker 2>or so, there's a military base where we just did

0:25:00.640 --> 0:25:05.920
<v Speaker 2>a cost comparison. You know, we were able to do

0:25:06.040 --> 0:25:10.479
<v Speaker 2>an installation for under four million dollars with no operation

0:25:10.640 --> 0:25:14.399
<v Speaker 2>costs at all. So we can lower the liability for

0:25:14.520 --> 0:25:21.840
<v Speaker 2>these sites by you know, by by a factor of three,

0:25:22.000 --> 0:25:25.200
<v Speaker 2>so three five to three. So so we've taken a

0:25:25.760 --> 0:25:28.359
<v Speaker 2>twenty million dollar installed down a three million with no

0:25:28.680 --> 0:25:31.680
<v Speaker 2>operation of maintenance. So over time that could be one

0:25:31.720 --> 0:25:34.680
<v Speaker 2>tenth the cost of a typical pumping system. So what

0:25:34.840 --> 0:25:37.440
<v Speaker 2>we've done is instead of taking the water out of

0:25:37.480 --> 0:25:41.640
<v Speaker 2>the ground and putting it through filtration apparatus to try

0:25:41.680 --> 0:25:44.960
<v Speaker 2>to filter it out, which is which is the traditional

0:25:45.000 --> 0:25:47.920
<v Speaker 2>way to treat things, and then having to dispose of

0:25:48.040 --> 0:25:50.440
<v Speaker 2>that material once you've once you've pulled it out of

0:25:50.480 --> 0:25:54.600
<v Speaker 2>the ground, which is a whole nother liability. You know,

0:25:54.640 --> 0:25:57.520
<v Speaker 2>if you filter these chemicals out and put it onto

0:25:57.600 --> 0:26:00.280
<v Speaker 2>carbon or onto iron exchange resident and then dispose of that,

0:26:01.240 --> 0:26:04.520
<v Speaker 2>now you own part of the landfill under CIRCLA. Because

0:26:04.600 --> 0:26:07.399
<v Speaker 2>anytime you dispose of things, it's joint in several liability

0:26:07.480 --> 0:26:13.639
<v Speaker 2>under CIRCLEA if so, so it's a continuing liability for

0:26:13.720 --> 0:26:19.800
<v Speaker 2>the responsible party. What we've done is we've taken activated carbon,

0:26:19.920 --> 0:26:22.800
<v Speaker 2>the charcoal material, and we mill it to the size

0:26:22.840 --> 0:26:25.080
<v Speaker 2>of a red blood cell. We get it down to

0:26:25.160 --> 0:26:28.200
<v Speaker 2>the size of one micron, and we wrap that with

0:26:29.080 --> 0:26:32.439
<v Speaker 2>negatively charged polymers so that it stays in suspension at

0:26:32.440 --> 0:26:35.440
<v Speaker 2>the one micron size, so it looks like water. It

0:26:35.520 --> 0:26:39.520
<v Speaker 2>looks like black ink with the consistency of water. We

0:26:39.680 --> 0:26:44.480
<v Speaker 2>actually then pour that down into the aquifer down wells

0:26:44.640 --> 0:26:47.119
<v Speaker 2>and pour it right into the aquifer where it paints

0:26:47.160 --> 0:26:51.200
<v Speaker 2>the all of the sand and soil and rock cracks

0:26:51.240 --> 0:26:53.600
<v Speaker 2>are filled with water on the subsurface, it paints it black.

0:26:54.440 --> 0:26:56.800
<v Speaker 2>In other words, the surface has become coated with this

0:26:57.000 --> 0:27:01.440
<v Speaker 2>carbon permanently. So we make the subsurface into which you

0:27:01.480 --> 0:27:05.000
<v Speaker 2>could think of as a huge Brita filter. So we

0:27:05.119 --> 0:27:08.879
<v Speaker 2>convert the contaminated aquifer into a huge purifying filter and

0:27:09.000 --> 0:27:11.760
<v Speaker 2>it strips all the p fasts out. So when you

0:27:11.840 --> 0:27:15.920
<v Speaker 2>get down gradient on the other side of the the

0:27:16.000 --> 0:27:19.040
<v Speaker 2>area that we've treated, the water is coming out pure

0:27:19.560 --> 0:27:23.879
<v Speaker 2>without any without any p fascenter. And so you know,

0:27:24.000 --> 0:27:27.200
<v Speaker 2>we've been doing this for years with other with other contaminants,

0:27:27.240 --> 0:27:31.040
<v Speaker 2>treating the subsurface of the contaminants, and in the past

0:27:31.119 --> 0:27:36.040
<v Speaker 2>say five years now, people have begun to use our technology.

0:27:36.160 --> 0:27:40.040
<v Speaker 2>We call it plume Stop. A plume is a is

0:27:40.080 --> 0:27:43.359
<v Speaker 2>a body of contamination within an aquifer. So we call

0:27:43.440 --> 0:27:45.800
<v Speaker 2>it plume stop because it just binds up all the

0:27:45.880 --> 0:27:49.480
<v Speaker 2>p fasts stops the plume from migrating. The water continues

0:27:49.560 --> 0:27:52.840
<v Speaker 2>to migrate in the subsurface. The groundwater moves, but it's

0:27:52.920 --> 0:27:55.280
<v Speaker 2>now purified and cleaned as it moves through the air

0:27:55.400 --> 0:27:59.639
<v Speaker 2>through the area. So the plume stop technology requires no

0:27:59.720 --> 0:28:02.760
<v Speaker 2>op and maintenance. So once you put it in the ground,

0:28:02.800 --> 0:28:05.960
<v Speaker 2>you're done for. And if you treat the source up gradient,

0:28:06.040 --> 0:28:08.960
<v Speaker 2>if you you know, the fire training pit or whatever,

0:28:10.240 --> 0:28:12.960
<v Speaker 2>you know, one application of plume stop could last forever.

0:28:14.359 --> 0:28:19.320
<v Speaker 2>If for some reason you can't treat the incoming concentration

0:28:19.480 --> 0:28:21.800
<v Speaker 2>of p FAST into the area that you've treated, you

0:28:21.880 --> 0:28:24.359
<v Speaker 2>can simply reinject it in fifty years and it'll give

0:28:24.400 --> 0:28:27.840
<v Speaker 2>you another fifty one hundred years of treatment. So it's

0:28:27.960 --> 0:28:32.119
<v Speaker 2>a it's a way that you can actually limit the

0:28:32.280 --> 0:28:37.680
<v Speaker 2>liability by eliminating any risk to anyone down gradient. So

0:28:37.880 --> 0:28:41.360
<v Speaker 2>you know, remember that risk environmental risk is equal to

0:28:41.440 --> 0:28:47.120
<v Speaker 2>hazard times exposure. And while the PFAST has a hazard

0:28:47.640 --> 0:28:50.080
<v Speaker 2>because it can't be degraded, doesn't degrade. Well, that's why

0:28:50.120 --> 0:28:55.160
<v Speaker 2>it's called forever chemical. The hazard that is not a

0:28:55.280 --> 0:28:59.000
<v Speaker 2>risk if you can eliminate the exposure to it. So

0:28:59.200 --> 0:29:02.040
<v Speaker 2>by buying it up in the subsurface, you know, fifty

0:29:02.160 --> 0:29:05.400
<v Speaker 2>sixty feet down, it's at no risk to anybody and

0:29:05.480 --> 0:29:09.000
<v Speaker 2>it's not migrating, so there's no risk downgrading. So that's

0:29:09.040 --> 0:29:11.240
<v Speaker 2>what we're able to do with plume stop.

0:29:11.360 --> 0:29:15.600
<v Speaker 1>About it, and so turn shifting years a little, I

0:29:15.720 --> 0:29:19.480
<v Speaker 1>want to talk about the EPA proposal. They proposed a

0:29:19.560 --> 0:29:22.680
<v Speaker 1>rule in March to set maximum contaminant levels and water.

0:29:23.720 --> 0:29:26.160
<v Speaker 1>Can you explain what maximum contaminant levels are and what

0:29:26.360 --> 0:29:28.520
<v Speaker 1>obstacles there could be to achieving those levels?

0:29:29.960 --> 0:29:33.680
<v Speaker 2>Okay, so that's under the Safe Drinking Water Act, and

0:29:34.600 --> 0:29:39.560
<v Speaker 2>that's the MCLs and maximum concentration level they were proposed.

0:29:39.680 --> 0:29:44.000
<v Speaker 2>They're very, very very low. They're in the range of

0:29:44.120 --> 0:29:48.840
<v Speaker 2>four parts per trillion. It's near the level of quantitation

0:29:49.000 --> 0:29:53.000
<v Speaker 2>that you can you can achieve and analytical methods, and

0:29:53.120 --> 0:29:58.560
<v Speaker 2>it's it's for a few key a few two key

0:29:59.480 --> 0:30:02.200
<v Speaker 2>p fast compounds and then an index for the balance

0:30:02.320 --> 0:30:06.840
<v Speaker 2>of them. It's Uh, they're proposed. I don't know when

0:30:06.920 --> 0:30:11.920
<v Speaker 2>that that will be uh, when they'll be promulgated. However,

0:30:12.280 --> 0:30:17.760
<v Speaker 2>it you know it it is forced this for it's

0:30:17.880 --> 0:30:23.360
<v Speaker 2>mostly relating to drinking water and whether those m c

0:30:23.600 --> 0:30:29.719
<v Speaker 2>ls will be enforced for cleanup levels under CIRCLA has

0:30:29.840 --> 0:30:34.000
<v Speaker 2>yet to be determined. That there's some questions about how

0:30:34.080 --> 0:30:38.880
<v Speaker 2>they will try to implement those levels. Uh. But but uh,

0:30:39.400 --> 0:30:42.520
<v Speaker 2>once once that's finalized, it certainly is going to change

0:30:42.520 --> 0:30:47.480
<v Speaker 2>the complexion of of the environmental remediation requirements for pfacts.

0:30:48.480 --> 0:30:53.240
<v Speaker 2>It will drive demand for remediation, and uh, it will

0:30:53.400 --> 0:30:57.960
<v Speaker 2>drive liability for industries that are using these compounds and

0:30:58.080 --> 0:31:02.200
<v Speaker 2>potentially for the the original manufacturers will have to see.

0:31:02.840 --> 0:31:05.040
<v Speaker 1>So what types of sites do you think will be

0:31:05.120 --> 0:31:07.800
<v Speaker 1>the main focus of key fast remediation in the future.

0:31:08.960 --> 0:31:13.200
<v Speaker 2>Well, as I say, you know, military bases, airports, and

0:31:13.320 --> 0:31:17.320
<v Speaker 2>these industrial facilities that range and everything from refineries to

0:31:17.440 --> 0:31:21.800
<v Speaker 2>small and you know manufacturing facilities, et cetera. I mean,

0:31:21.840 --> 0:31:24.800
<v Speaker 2>there's there's a whole range of different different types of

0:31:25.560 --> 0:31:29.280
<v Speaker 2>of projects that we'll see undertake remediation.

0:31:30.000 --> 0:31:34.520
<v Speaker 1>Right, So it sounds like it's it's not quite over

0:31:34.680 --> 0:31:39.560
<v Speaker 1>yet that will be discussing this probably years from now.

0:31:40.120 --> 0:31:41.600
<v Speaker 2>Yeah, I would say it's just beginning.

0:31:43.360 --> 0:31:45.920
<v Speaker 1>Okay, Well, thank you so much, Scott. I really appreciate

0:31:46.000 --> 0:31:50.120
<v Speaker 1>your time and look forward to reading more about what

0:31:50.200 --> 0:31:51.280
<v Speaker 1>you have to say in the future.

0:31:55.920 --> 0:31:55.960
<v Speaker 2>M