Biden-Harris Administration Finalizes Essential Rule to Clear Up PFAS Contamination to Shield Public Well being

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EPA motion designates two extensively used PFAS as hazardous substances below the Superfund regulation, bettering transparency and accountability to scrub up PFAS contamination in communities

WASHINGTON — Immediately, April 19, 2024, the U.S. Environmental Safety Company (EPA) is taking one other step in its efforts to guard individuals from the well being dangers posed by publicity to “perpetually chemical compounds” in communities throughout the nation. Publicity to per-and polyfluoroalkyl substances (PFAS) has been linked to cancers, impacts to the liver and coronary heart, and immune and developmental injury to infants and youngsters. This ultimate rule will designate two extensively used PFAS chemical compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances below the Complete Environmental Response, Compensation, and Legal responsibility Act (CERCLA), often known as Superfund, and can assist make sure that polluters pay to scrub up their contamination.

This ultimate motion will handle PFOA and PFOS contamination by enabling investigation and cleanup of those dangerous chemical compounds and guaranteeing that leaks, spills, and different releases are reported. This motion builds on the just lately finalized requirements to guard individuals and communities from PFAS contamination in ingesting water and represents the newest step the Biden-Harris Administration is taking to guard public well being and welfare and the setting below EPA’s PFAS Strategic Roadmap and to forestall most cancers earlier than it begins by means of the Biden Most cancers Moonshot.

Along with the ultimate rule, EPA is issuing a separate CERCLA enforcement discretion coverage that makes clear that EPA will focus enforcement on events who considerably contributed to the discharge of PFAS chemical compounds into the setting, together with events which have manufactured PFAS or used PFAS within the manufacturing course of, federal amenities, and different industrial events.

“President Biden understands the menace that “perpetually chemical compounds” pose to the well being of households throughout the nation. That’s why EPA launched its PFAS Strategic Roadmap, a whole-of-agency method to defending public well being and addressing the hurt to communities overburdened by PFAS air pollution,” mentioned EPA Administrator Michael S. Regan. “Designating these chemical compounds below our Superfund authority will enable EPA to deal with extra contaminated websites, take earlier motion, and expedite cleanups, all whereas guaranteeing polluters pay for the prices to scrub up air pollution threatening the well being of communities.”

EPA is taking this step to designate PFOA and PFOS below CERCLA as a result of each chemical compounds meet the statutory standards for designation as hazardous substances. Underneath the rule, entities are required to right away report releases of PFOA and PFOS that meet or exceed the reportable amount of 1 pound inside a 24-hour interval to the Nationwide Response Heart, State, Tribal, and native emergency responders. The designation of PFOA and PFOS as hazardous substances below CERCLA permits the company to make use of one in all its strongest enforcement instruments to compel polluters to pay for or conduct investigations and cleanup, moderately than taxpayers. Designation is particularly essential as delay in addressing contamination permits PFOA and PFOS extra time emigrate in water and soil, worsening current contamination.

The ultimate rule additionally signifies that federal entities that switch or promote their property should present discover concerning the storage, launch, or disposal of PFOA or PFOS on the property and assure that contamination has been cleaned up or, if wanted, that extra cleanup will happen sooner or later. It can additionally lead the Division of Transportation to listing and regulate these substances as hazardous supplies below the Hazardous Supplies Transportation Act.

“It’s gone time for the polluters who poisoned all of us to be held accountable. This comes too late for all of the individuals who have been poisoned with out their information or consent and have paid the value for one of the best environmental crimes in historical past,” mentioned Ken Prepare dinner, President and co-founder of Environmental Working Group. “However in the present day’s designation of PFOA and PFOS as hazardous substances is step one to deliver justice to those that have been harmed. By placing the wants of the individuals forward of the earnings of the polluters, the Biden EPA is as soon as once more delivering for the American individuals.”

This ultimate motion relies on vital scientific proof that these substances, when launched into the setting, might current a considerable hazard to public well being or welfare or the setting. PFOA and PFOS can accumulate and persist within the human physique for lengthy intervals of time, and proof from scientific research exhibit that publicity to PFOA and PFOS is linked to opposed well being results.

“That is one other essential step by EPA to guard individuals and communities from dangerous PFAS chemical compounds, together with legacy PFAS contamination throughout the U.S. The science is evident that PFAS chemical compounds are linked to a variety of well being harms together with most cancers, injury to cardiovascular and immune techniques, poor being pregnant outcomes, and results on the growing baby,” mentioned Dr. Tracey Woodruff, Professor & Director, Program on Reproductive Well being & the Atmosphere (PRHE)/Environmental Analysis and Translation for Well being on the College of California, San Francisco. “By itemizing PFOA and PFOS as hazardous substances below the Superfund Regulation, it signifies that these chemical compounds must be cleaned up from hazardous waste websites and polluters should pay the invoice. That is nice information for the numerous communities grappling with PFAS contamination – a lot of that are additionally low earnings and communities of coloration. That is one other step towards defending individuals from the well being harms of this well-known poisonous chemical.”

EPA’s Superfund program has labored successfully for greater than 40 years to focus on and prioritize cleanups of the nation’s most contaminated websites that current unacceptable dangers to human well being and the setting. The Superfund program addresses greater than 800 hazardous substances, together with widespread, extremely cell, and protracted chemical compounds, like PFOA and PFOS. This system additionally promotes safer industrial practices that improve neighborhood protections by decreasing the chance of future releases. Moreover, cleanups enable communities to place land again into productive use, offering alternatives for jobs and financial progress.

As well as, EPA’s enforcement coverage, in keeping with EPA’s previous apply over many years of implementing the regulation, will present extra readability on the company’s intent to not pursue sure events corresponding to farmers, municipal landfills, water utilities, municipal airports, and native fireplace departments, the place equitable components don’t assist in search of CERCLA cleanup or prices. EPA has a confirmed observe file of growing and making use of enforcement discretion insurance policies which are efficient and well-received by stakeholders, guaranteeing entities which have contributed vital contamination are held accountable.

Biden-⁠Harris Administration Takes Essential Motion to Shield Communities from PFAS

Along with efforts throughout the federal government, EPA has taken motion below the company’s PFAS Strategic Roadmap to regulate PFAS at its sources, maintain polluters accountable, guarantee science-based choice making, advance environmental justice, and handle the impacts on deprived communities. Since launching the Roadmap in 2021, EPA has taken a set of actions to guard communities from publicity to “perpetually chemical compounds” together with:

• Established first-ever nationwide legally enforceable ingesting water normal for PFAS: In April 2024, EPA finalized Nationwide Major Consuming Water Regulation (NPDWR) for six PFAS which can defend 100 million individuals from PFAS publicity, stop tens of hundreds of significant diseases, and save lives. This motion enhances the Biden-Harris Administration’s dedication to combatting PFAS air pollution and delivering clear water.
• Devoted $9 billion in funding to deal with PFAS and different rising contaminants in ingesting water: President Biden’s Bipartisan Infrastructure Regulation secured the largest-ever funding in tackling PFAS air pollution in ingesting water. A further $12 billion in funding from the Bipartisan Infrastructure Regulation helps normal ingesting water investments, together with PFAS therapy. The investments are a part of the Justice40 Initiative, which goals to make sure that 40 p.c of the general advantages of sure federal investments circulate to deprived communities.
• Steerage on Destroying and Disposing of PFAS: EPA launched up to date Interim Steerage which outlines the best-available science on strategies and coverings that will be used to destroy or get rid of PFAS and PFAS-containing supplies from non-consumer merchandise, together with aqueous film-forming foam for firefighting, and highlights innovation and rising applied sciences that warrant additional analysis.
• Addressing on-going makes use of of PFAS: In January 2024 EPA finalized a rule that stops corporations from beginning or resuming the manufacture or processing of 329 PFAS; launched three strategies to higher measure PFAS within the setting; and introduced the addition of seven PFAS to the listing of chemical compounds coated by the Toxics Launch Stock (TRI), in keeping with the Fiscal Yr 2020 Nationwide Protection Authorization Act.

EPA will publish the Remaining Rule within the Federal Register shortly. The rule will likely be efficient 60 days after the rule is printed within the Federal Register.

Learn extra concerning the CERCLA ultimate rule right here.

Learn EPA’s CERCLA Enforcement Discretion Coverage right here.

Learn extra about EPA’s technique to deal with PFAS right here.

Learn extra about EPA’s Superfund program right here.

Learn extra concerning the Superfund Enforcement Program right here.

Information merchandise from the U.S. EPA.