Biden-Harris Administration Finalizes Crucial 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 beneath the Superfund regulation, enhancing transparency and accountability to wash up PFAS contamination in communities

WASHINGTON — At the moment, April 19, 2024, the U.S. Environmental Safety Company (EPA) is taking one other step in its efforts to guard folks from the well being dangers posed by publicity to “perpetually chemical substances” 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 harm to infants and youngsters. This ultimate rule will designate two extensively used PFAS chemical substances, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances beneath the Complete Environmental Response, Compensation, and Legal responsibility Act (CERCLA), often known as Superfund, and can assist be sure that polluters pay to wash up their contamination.

This ultimate motion will tackle PFOA and PFOS contamination by enabling investigation and cleanup of those dangerous chemical substances and guaranteeing that leaks, spills, and different releases are reported. This motion builds on the just lately finalized requirements to guard folks and communities from PFAS contamination in consuming water and represents the newest step the Biden-Harris Administration is taking to guard public well being and welfare and the atmosphere beneath EPA’s PFAS Strategic Roadmap and to stop most cancers earlier than it begins by 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 substances into the atmosphere, 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 risk that “perpetually chemical substances” pose to the well being of households throughout the nation. That’s why EPA launched its PFAS Strategic Roadmap, a whole-of-agency strategy to defending public well being and addressing the hurt to communities overburdened by PFAS air pollution,” stated EPA Administrator Michael S. Regan. “Designating these chemical substances beneath 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 wash up air pollution threatening the well being of communities.”

EPA is taking this step to designate PFOA and PFOS beneath CERCLA as a result of each chemical substances meet the statutory standards for designation as hazardous substances. Below the rule, entities are required to instantly 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 beneath CERCLA allows the company to make use of certainly one of its strongest enforcement instruments to compel polluters to pay for or conduct investigations and cleanup, somewhat than taxpayers. Designation is particularly vital 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 further cleanup will happen sooner or later. It’ll additionally lead the Division of Transportation to checklist and regulate these substances as hazardous supplies beneath 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 data or consent and have paid the value for one of the best environmental crimes in historical past,” stated 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 convey justice to those that have been harmed. By placing the wants of the folks forward of the earnings of the polluters, the Biden EPA is as soon as once more delivering for the American folks.”

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

“That is one other vital step by EPA to guard folks and communities from dangerous PFAS chemical substances, together with legacy PFAS contamination throughout the U.S. The science is obvious that PFAS chemical substances are linked to a variety of well being harms together with most cancers, harm to cardiovascular and immune programs, poor being pregnant outcomes, and results on the growing baby,” stated Dr. Tracey Woodruff, Professor & Director, Program on Reproductive Well being & the Setting (PRHE)/Environmental Analysis and Translation for Well being on the College of California, San Francisco. “By itemizing PFOA and PFOS as hazardous substances beneath the Superfund Legislation, it signifies that these chemical substances 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 revenue and communities of colour. That is one other step towards defending folks 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 atmosphere. The Superfund program addresses greater than 800 hazardous substances, together with widespread, extremely cell, and chronic chemical substances, like PFOA and PFOS. This system additionally promotes safer industrial practices that improve group protections by decreasing the probability 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 line with EPA’s previous follow over many years of implementing the regulation, will present further readability on the company’s intent to not pursue sure events comparable to farmers, municipal landfills, water utilities, municipal airports, and native fireplace departments, the place equitable components don’t assist searching for CERCLA cleanup or prices. EPA has a confirmed observe document of growing and making use of enforcement discretion insurance policies which can be efficient and well-received by stakeholders, guaranteeing entities which have contributed vital contamination are held accountable.

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

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

• Established first-ever nationwide legally enforceable consuming water normal for PFAS: In April 2024, EPA finalized Nationwide Main Ingesting Water Regulation (NPDWR) for six PFAS which is able to shield 100 million folks from PFAS publicity, forestall tens of hundreds of great sicknesses, 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 consuming water: President Biden’s Bipartisan Infrastructure Legislation secured the largest-ever funding in tackling PFAS air pollution in consuming water. A further $12 billion in funding from the Bipartisan Infrastructure Legislation helps basic consuming water investments, together with PFAS therapy. The investments are a part of the Justice40 Initiative, which goals to make sure that 40 % of the general advantages of sure federal investments move to deprived communities.
• Steering on Destroying and Disposing of PFAS: EPA launched up to date Interim Steering which outlines the best-available science on strategies and coverings that will be used to destroy or eliminate 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 forestalls corporations from beginning or resuming the manufacture or processing of 329 PFAS; launched three strategies to raised measure PFAS within the atmosphere; and introduced the addition of seven PFAS to the checklist of chemical substances coated by the Toxics Launch Stock (TRI), in line with the Fiscal Yr 2020 Nationwide Protection Authorization Act.

EPA will publish the Ultimate Rule within the Federal Register shortly. The rule shall 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.