On Thursday, the Trump Administration announced that it will issue a draft regulation by the end of the year placing a limit on two chemicals frequently found in drinking water. The steps to eventually regulate two types of per- and polyfluoroalkyl substances (“PFAS”) known as PFOA and PFOS were announced by U.S. EPA head Andrew Wheeler. Other steps outlined Thursday include the initiation of a regulatory process to list PFOS and PFOA as hazardous substances under Superfund and a promise that EPA will “very soon” release interim groundwater clean-up recommendations for sites contaminated with PFAS. EPA is also looking into regulating other chemicals in the PFAS family.
PFAS are man-made chemicals that are resistant to water, grease, and stains and have thousands of consumer and industrial uses. They can be found in carpets, camping gear, fast-food wrappers, fabrics for furniture, water-repellent fabrics, cleaners, cookware, and more. Industry uses include O-rings and gaskets that prevent mechanical breakdowns, metal plating, and fire-fighting foams. Currently, many PFAS concentrated products end up in landfills which can seep into the ground in unlined landfills or pool at the bottom of lined landfills and often end up in wastewater treatment plants that are not equipped to remove PFAS.
EPA currently has a health advisory level for PFAS compounds in drinking water of 70 parts per trillion. However, EPA plans to consider setting federal maximum contaminant levels as part of its draft regulation, which would require increased monitoring and reporting efforts, and would ultimately give the agency more authority to pursue polluters. Likewise, the designation of PFOS and PFOA as hazardous substances under Superfund will give communities and states the power to recover costs of cleaning up the chemicals from polluters. In its 72-page Action Plan, EPA highlighted its intention to improve PFAS cleanup strategies, prohibit environmental release, improve monitoring, and increase enforcement of those in violation of federal PFAS standards.