EPA designates 2 forever chemicals as hazardous substances, eligible for Superfund cleanup
WASHINGTON — WASHINGTON (AP) — The Environmental Protection Agency on Friday designated two Forever chemicals used in cookware, carpets and firefighting foam as hazardous substances, a move intended to ensure faster cleanup of the toxic substances and from industries and to demand that others responsible for the pollution pay for its removal.
Hazardous substance designation under the Superfund law does not ban the chemicals known as PFOA and PFOS. But it requires that releases of chemicals into soil or water be reported to federal, state or tribal officials if they reach or exceed certain levels. The EPA could then require cleanups to protect public health and recoup costs that could amount to tens of millions of dollars.
PFOA and PFOS have been voluntarily phased out by U.S. manufacturers, but remain in limited use and persist in the environment because they do not break down over time. The compounds are part of a larger cluster of forever chemicals known as PFAS, which have been used since the 1940s in industrial and consumer products, including nonstick frying pans, water-repellent sporting goods, stain-resistant carpets and cosmetics.
The term PFAS is an abbreviation for per- and polyfluoroalkyl substances. The chemicals can build up and persist in the human body for long periods of time. Research in animals and humans shows that exposure to PFOA or PFOS can lead to cancer or other health problems, including liver and heart damage and developmental problems in infants and children.
The final rule issued Friday follows strict limits set by the EPA for certain PFAS in drinking water, requiring utilities to reduce them to the lowest levels that can be reliably measured. Officials say the drinking water rule, announced April 10, will reduce exposure for 100 million people and help prevent thousands of diseases, including cancer.
Last year, three chemical companies announced they had reached a $1.18 billion deal to resolve complaints about the contamination of many U.S. drinking water systems with PFAS. DuPont de Nemours Inc., The Chemours Co. and Corteva Inc. said they would set up a fund to compensate water suppliers for pollution.
And earlier this month, chemicals manufacturer 3M Co. announced that it will begin making payments to many U.S. public drinking water systems as part of a multibillion-dollar settlement over forever chemical contamination.
President Joe Biden’s administration “understands the forever threat that chemicals pose to the health of families across the country,” EPA Administrator Michael Regan said. “By placing these chemicals under our Superfund authority, EPA can target more contaminated sites, take action sooner, and expedite cleanup efforts – all while polluters pay the costs of cleaning up pollution that threatens the health of communities.”
In addition to the final rule, the EPA issued a notice clarifying that the agency will focus enforcement efforts on companies and people that significantly contribute to the release of PFAS chemicals into the environment, including companies that have manufactured or used PFAS in the production process , as well as federal agencies and other responsible groups.
PFAS used in firefighting foam has contaminated groundwater on and near military bases and other locations where it is used in training exercises.
The Superfund law allows the EPA to clean up contaminated sites across the country and forces parties responsible for the contamination to conduct cleanups or reimburse the government for EPA-led cleanups. If no responsible party can be identified, Superfund gives the EPA money and authority to clean up contaminated sites.
The EPA’s action follows a report from the National Academies of Science calling PFAS a serious threat to public health in the U.S. and worldwide. The EPA said in 2022 that PFOA and PFOS are more dangerous than previously thought and pose health risks even at levels so low they cannot currently be detected.
David Uhlmann, the EPA’s assistant administrator for enforcement and compliance, called the Superfund designation “an important step toward holding polluters accountable for significant releases of PFAS into the environment.” Officials “intend to exercise our enforcement discretion to focus on significant sources of PFAS. pollution,” he said, and not farmers, municipal landfills, water utilities, municipal airports or local fire departments.
Water utilities, fire departments and other groups had complained that an earlier EPA proposal could have imposed unfair costs on them without defined cleanup standards.
The federal designation will ensure that manufacturers most responsible for the widespread PFAS contamination will bear the costs of cleaning it up, said Jonathan Kalmuss-Katz, an attorney with the environmental group Earthjustice.
He said it has “only become more difficult” for polluters, including chemical companies that long produced PFAS, “to pass on the costs of their PFAS emissions to affected communities and taxpayers.”
Erik Olson, a health expert at the Natural Resources Defense Council, said the EPA’s action will help protect millions of American families exposed to the toxic chemicals.
“We all learned in kindergarten that if we make a mess, we have to clean it up,” he said. “The EPA’s Superfund rule is a big step in the right direction toward holding polluters accountable for cleaning up decades of contamination.”
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