EPA cracks down on ‘forever chemicals’ and polluters with new rule

The Biden administration on Friday finalized a new rule designating two widely used “forever chemicals” as hazardous substances under federal law, an effort to keep polluters on the hook for any contamination caused by the toxic, cancer-linked chemicals.

Per- and polyfluoroalkyl substances are widely used in the U.S. to make everything from nonstick cookware and personal care products to children’s toys. But exposure to the toxic substances is linked to a litany of health problems, including reproductive problems, developmental delays for children, certain types of cancers, and liver and heart problems in adults.

The Environmental Protection Agency’s final rule classifies two of the most widely used PFAS, perfluorooctanoic acid and perfluorooctanesulfonic acid, as hazardous substances under the federal Superfund law, a change that gives the agency greater authority to monitor companies involved in the handling of the chemicals and ensure they are disposed of properly.

The rule also requires companies to report any release of PFOA or PFOS that meets or exceeds one pound to the National Response Center within a 24-hour period, as well as state, tribal, and local emergency responders.

The new enforcement rule also gives the EPA the authority to compel companies to pay for any investigations or clean-up efforts if they fail to dispose of the materials properly.

It also gives federal regulators the ability to sue the polluters to recover any costs for clean-up.

“Designating these chemicals under our Superfund authority will allow EPA to address more contaminated sites, take earlier action, and expedite cleanups, all while ensuring polluters pay for the costs to clean up pollution threatening the health of communities,” EPA Administrator Michael Regan said in a statement.

EPA officials said they will focus on holding responsible entities that have “significantly contributed to the release of PFAS into the environment,” including companies that manufactured PFAS or use PFAS in their manufacturing processes, federal facilities and “other industrial parties.”

The final rule comes as part of the Biden administration’s broader crackdown on PFAS contaminants. Earlier this month, the EPA published a rule requiring U.S. water utilities reduce PFAS contamination in public drinking water to near-zero levels.

Millions of people are believed to be at significant risk of PFAS exposure. For decades, the chemicals have been released into the water and air with little regulation, allowing them to contaminate groundwater and soil across the country.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

But regulation could be tricky. There are over 200 different PFAS use categories cataloged to date, and industry groups have argued that the hazardous substance designation would be too expensive for companies.

The U.S. Chamber of Commerce noted in a 2022 public comment that it was “concerned about the high regulatory cost burden” associated with the new designation, and estimated industries would have to pay up to $22 billion to comply with the EPA’s rule and clean up existing contamination.