The Biden administration has designated two “forever chemicals,” PFOA and PFOS, as hazardous substances under the Superfund law, shifting the responsibility for their cleanup to polluters. These compounds, found in products ranging from dental floss to firefighting foams, have been linked to serious health risks such as metabolic disorders and developmental delays. The widespread presence of PFAS in the environment and in almost every person in the United States has raised concerns about the need for action to address the contamination.
The E.P.A. has also proposed to designate seven additional PFAS chemicals as hazardous waste and mandated water utilities to reduce PFAS in drinking water to near-zero levels. The new rule empowers the government to compel companies that manufacture or use PFOA and PFOS to monitor releases into the environment and clean up the contamination. This move aims to expedite cleanups, ensure polluters pay for the costs, and protect communities from the health risks posed by these toxic chemicals.
Under the new rule, companies must report releases of PFOA and PFOS that exceed one pound within a 24-hour period to the National Response Center and emergency responders. It is crucial to quickly identify and respond to PFAS contamination to prevent further migration into soil and water supplies. Advocates believe that holding polluters accountable for cleanup costs is a step towards justice for those harmed by PFAS exposure, particularly in low-income and communities of color.
While industries using PFAS chemicals have expressed concerns about the cost burden of the designation, with estimates as high as $22 billion for compliance and cleanup, efforts to shift the responsibility to manufacturers are seen as a positive step for communities grappling with contamination. Municipalities have taken legal action against PFAS manufacturers, with settlements like the $10.3 billion agreement with 3M to fund testing and cleanup efforts in affected areas. The new rule also requires federal entities to disclose PFAS storage, release, or disposal on their property and ensure cleanup has been completed or will be addressed in the future.
Military sites with high concentrations of PFAS contamination due to the use of firefighting foam are also impacted by the new rule. It remains unclear whether taxpayers will fund cleanup efforts at these sites or if the government will seek cost recovery from foam manufacturers. The Department of Transportation will list and regulate PFOA and PFOS as hazardous materials under the Hazardous Materials Transportation Act as a result of the new designation. The rule is set to go into effect in 60 days, marking a significant step in addressing the widespread contamination and health risks associated with PFAS chemicals.
