The U.S. Environmental Protection Agency has set legally enforceable drinking water limits for a group of the most dangerous PFAS compounds, marking what public health advocates have hailed as “historic” rules that will dramatically improve the safety of the nation’s water.
PFAS, known as “forever chemicals,” are ubiquitous in the environment and are believed to contaminate the drinking water of more than 200 million people in the US. Any exposure to some highly toxic variants of the compounds is considered a health and cancer risk.
The agency’s action marks the first time in 27 years that it has implemented new drinking water limits on contaminants, and the rules are part of the Biden administration’s broader efforts to rein in PFAS pollution.
“Americans have been drinking contaminated water for decades, but today’s action will finally remove these toxic chemicals from our water,” said Melanie Benesh, vice president for government affairs at the Environmental Working Group, which monitors PFAS water pollution around the world. maps. a statement.
Officials said the rules will reduce exposure for 100 million people and help prevent thousands of diseases, including cancer. Michael Regan, the EPA administrator, said the rule is the most significant action the agency has ever taken against PFAS. “The result is a comprehensive and life-changing rule, one that will improve the health and vitality of so many communities across our country,” said Regan, who will announce the rule Wednesday in Fayetteville, North Carolina.
PFAS, or per- and polyfluoroalkyl substances, are a class of about 15,000 chemicals commonly used to make products resistant to water, stains and heat. They are called “forever chemicals” because they do not break down naturally and are linked to cancer, liver problems, thyroid problems, birth defects, kidney disease, lowered immunity and other serious health problems.
After years of issuing health advisories, the EPA on Wednesday set maximum contaminant levels (MCLs), the highest level at which a contaminant can exist in water. Critics say the dangers of PFAS have been known for years and the EPA has been slow to respond.
Between 2016 and 2022, the EPA’s health advisory limit was set at 70 parts per trillion (ppt) for PFOS and PFOA, two commonly produced compounds that have been used for decades.
Last year, after science showed that no level of exposure to the two chemicals in drinking water is safe, the EPA set unenforceable health advisories of 0.02 ppt and 0.004 ppt for PFOA and PFOS, respectively.
“This reflects the latest science showing that there is no level of exposure to these pollutants without risk of health consequences, including certain cancers,” the EPA wrote.
The new enforceable limits for PFOA and PFOS are each four percentage points, the lowest level at which water testing technology can reliably obtain measurements. The EPA noted in a news release that the law requires it to consider feasibility and water treatment costs in addition to health risks.
It also set limits of 10 ppt for any combination of four other PFAS compounds, including PFBS, PFNA, PfHxS and HFPO dimer acid, known as GenX. Chemours and DuPont produced GenX as a supposedly ‘safe’ alternative to PFOA, but the new limits show it has proven to be almost as toxic.
EPA scientists calculate that the new limits will result in thousands fewer birthweight-related infant deaths, kidney cancer deaths, bladder cancer deaths and deaths from cardiovascular disease.
While the rules only address several PFAS compounds, the technology that water utilities install will address many of the compounds. However, the technology does not address some of the newly discovered “ultra-short chain” PFAS that have not yet been properly studied. Public health advocates say the issue highlights the need to regulate PFAS as a class and ban their nonessential uses.
Water utilities have long opposed the rules because they did not want to pay for upgrades, which they say will cost billions of dollars and lead to higher bills for customers.
The proposed limits, set early last year, have contributed to a wave of utility lawsuits targeting PFAS makers such as 3M, DuPont and Chemours. The companies settled a number of class-action lawsuits and agreed to pay up to $15 billion to help finance upgrades to municipal water filtration systems.
However, more lawsuits are taking place as water companies or well owners not covered by the class actions are being sued. The Biden administration also made billions of dollars available through the Inflation Reduction Act, but the cost of upgrading the nation’s water systems could be as much as $400 billion. Citing the regulatory and legal environment, 3M announced last year that it would stop making PFAS.
Over the past year, EPA has periodically released batches of test results for PFAS in drinking water. About 16% of utilities found at least one of the two strictly restricted PFAS chemicals at or above the new limits. These utilities serve tens of millions of people. However, the Biden administration expects about 6-10% of water systems to exceed the new limits.
Water suppliers generally have three years to conduct tests. If those tests exceed limits, EPA officials say they still have two years to install treatment systems.
