EPA unveils strategy to regulate toxic 'forever chemicals'

Michael Regan, the head of the Environmental Protection Agency, said his agency is taking a series of actions to limit pollution from a cluster of long-lasting chemicals known as PFAS, or per- and polyfluoroalkyl substances, that are increasingly turning up in public drinking water systems, private wells and even food.

But in addition to making nonstick cookware, grease-resistant food packaging and stain- and water-resistant fabrics, the chemicals build up in the body. PFAS have been linked to liver and thyroid problems, certain cancers and low birth weights.

"Enough is enough. It's time that we prioritize the American people's health over the profits of big polluters," Regan declared.

The Biden administration's plan is intended to restrict PFAS from being released into the environment, accelerate cleanup of PFAS-contaminated sites such as military bases and increase investments in research to learn more about where PFAS are found and how their spread can be prevented.

The Defense Department said it is moving to assess and clean up PFAS-contaminated sites throughout the country, while the Food and Drug Administration will expand testing of the food supply to estimate Americans' exposure to PFAS from food, and the Agriculture Department will boost efforts to prevent and address PFAS contamination in food.

Regan said that’s about to change, and companies will have to tell the EPA what they're making.

"We have the tools to demand better disclosure," he said. "It is no longer acceptable for these companies to hide behind these disclosures. The American people deserve to know what's in their drinking water."

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The EPA will move to set aggressive drinking water limits for PFAS under the Safe Drinking Water Act, will require manufacturers to test for them in the environment and will designate PFAS as hazardous substances under the so-called Superfund law that allows the EPA to force companies responsible for the contamination to pay for the cleanup work or do it themselves.

The actions will make it easier for the EPA to ensure that cleanups are conducted safely and that “the polluter pays for that,″ Regan said.

“We’re going to use every tool in our toolbox to restrict human exposure to these toxic chemicals," he said.

Environmental and public health groups welcomed the announcement. Advocates have long urged action on PFAS by the EPA, the FDA, the Pentagon and other agencies.

Thousands of communities have detected PFAS chemicals in their water, and PFAS have been confirmed at nearly 400 military installations, according to the Environmental Working Group, a research and advocacy organization.

“No one should have to worry about toxic forever chemicals in their tap water,” said Scott Faber, the group's senior vice president.

The group is grateful that the Biden administration will fulfill the president's pledge to address PFAS and "begin to turn off the tap of industrial PFAS pollution,” Faber said.

The American Chemistry Council, which represents major chemical companies, said it supports “strong, science-based regulation of chemicals, including PFAS substances.'' But the group added: “All PFAS are not the same, and they should not all be regulated the same way. EPA’s Roadmap reinforces the differences between these chemistries and that they should not all be grouped together. We hope and expect any federal actions will be consistent with sound science.”

The regulatory strategy comes as Congress considers wide-ranging legislation on the issue. A bill passed by the House but stalled in the Senate would set a national drinking water standard for PFAS and direct the EPA to develop discharge limits for a range of industries suspected of releasing PFAS into the water.

Rep. Debbie Dingell, D-Mich., lead sponsor of the House bill, applauded the EPA announcement and said cleanup of PFAS-contaminated sites must begin immediately.

“We’ve known about PFAS and its dangerous effects for years, and today, the federal government made a commitment to the American people that these chemicals cannot be ignored any longer,'' she said.

Even with EPA action, Congress still must approve legislation to regulate and clean up PFAS, Dingell said. "It’s time for the Senate to act,'' she said.

“I spent time with families in their communities, talking to them about the fears and worries that they had,'' he said. “I spent time talking to mothers who were concerned about potential long-term impacts to their children, caregivers who were wondering if terminal illnesses of their loved ones were connected" to the PFAS release from the Fayetteville Works plant.

“So there is a real sense of urgency,'' he added.

The EPA under his leadership has “done more in eight months" on PFAS than the previous administration did in four years, he said.

Officials expect a proposed rule on PFAS in drinking water by 2023, Regan said. “We’re going to move as quickly as possible to set these safe drinking water limits,'' he said.