EPA tightens PFAS restrictions
Last updated 6/15/2022 at 2:25pm
EPA Press Release – June 15, 2022
EPA Announces New Drinking Water Health Advisories for PFAS Chemicals, $1 Billion in Bipartisan Infrastructure Law Funding to Strengthen Health Protections
Agency establishes new health advisories for GenX and PFBS and lowers health advisories for PFOA and PFOS
WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA) released four drinking water health advisories for per- and polyfluoroalkyl substances (PFAS) in the latest action under President Biden’s action plan to deliver clean water and Administrator Regan’s PFAS Strategic Roadmap. EPA also announced that it is inviting states and territories to apply for $1 billion – the first of $5 billion in Bipartisan Infrastructure Law grant funding – to address PFAS and other emerging contaminants in drinking water, specifically in small or disadvantaged communities. These actions build on EPA’s progress to safeguard communities from PFAS pollution and scientifically inform upcoming efforts, including EPA’s forthcoming proposed National Primary Drinking Water Regulation for PFOA and PFOS, which EPA will release in the fall of 2022.
“People on the front-lines of PFAS contamination have suffered for far too long. That’s why EPA is taking aggressive action as part of a whole-of-government approach to prevent these chemicals from entering the environment and to help protect concerned families from this pervasive challenge,” said EPA Administrator Michael S. Regan. “Thanks to President Biden’s Bipartisan Infrastructure Law, we are also investing $1 billion to reduce PFAS and other emerging contaminants in drinking water.”
“Today’s actions highlight EPA’s commitment to use the best available science to tackle PFAS pollution, protect public health, and provide critical information quickly and transparently,” said EPA Assistant Administrator for Water Radhika Fox. “EPA is also demonstrating its commitment to harmonize policies that strengthen public health protections with infrastructure funding to help communities—especially disadvantaged communities—deliver safe water.”
Assistant Administrator Fox announced these actions at the 3rd National PFAS Conference in Wilmington, North Carolina.
Many advocates and activists on the PFAS issue are currently attending the conference this week. Among them is Liz Rosenbaum of the Fountain Valley Clean Water Coalition.
"This is a great leap forward for working families across the U.S.," Rosenbaum said. "The current administration clearly has a focus to care for people first. The next step is to put teeth behind this so we have enforceable standards instead of an advisory. We need to strongly enforce the Clean Air and Clean Water Acts already in place and hold the polluters accountable and make them pay for the Clean up and filtration of communities. Putting this responsibility where it belongs will over all bring down costs. The producers of these chemicals also make the filters we all have to buy and they are expensive. Put this cost on them. Necessity is the mother of invention. So either they stop contaminating us like they were required to in the first place or they find a less expensive way for filtering the chemicals and health departments do the testing."
Also attending is Mark Favors, Army veteran and clean water advocate.
“In my family, there are at least seven military veterans who, along with their families, have been exposed to PFAS without their knowledge while they were on active duty. Several have died of PFAS-related cancers,” Favors said. “While this announcement will help protect future servicemembers and families, it will not restore the damages to my family’s health.”
See Sierra Club press release with additional reactions from well-known advocates: https://www.sierraclub.org/press-releases/2022/06/epa-announces-new-major-health-advisory-levels-for-four-critical-pfas
$1 Billion in Bipartisan Infrastructure Law Funding
As part of a government-wide effort to confront PFAS pollution, EPA is making available $1 billion in grant funding through President Biden’s Bipartisan Infrastructure Law to help communities that are on the frontlines of PFAS contamination, the first of $5 billion through the Law that can be used to reduce PFAS in drinking water in communities facing disproportionate impacts. These funds can be used in small or disadvantaged communities to address emerging contaminants like PFAS in drinking water through actions such as technical assistance, water quality testing, contractor training, and installation of centralized treatment technologies and systems.
EPA will be reaching out to states and territories with information on how to submit their letter of intent to participate in this new grant program. EPA will also consult with Tribes and Alaskan Native Villages regarding the Tribal set-aside for this grant program. This funding complements $3.4 billion in funding that is going through the Drinking Water State Revolving Funds (SRFs) and $3.2 billion through the Clean Water SRFs that can also be used to address PFAS in water this year.
Lifetime Drinking Water Health Advisories for Four PFAS
The agency is releasing PFAS health advisories in light of newly available science and in accordance with EPA’s responsibility to protect public health. These advisories indicate the level of drinking water contamination below which adverse health effects are not expected to occur. Health advisories provide technical information that federal, state, and local officials can use to inform the development of monitoring plans, investments in treatment solutions, and future policies to protect the public from PFAS exposure.
EPA’s lifetime health advisories identify levels to protect all people, including sensitive populations and life stages, from adverse health effects resulting from a lifetime of exposure to these PFAS in drinking water. EPA’s lifetime health advisories also take into account other potential sources of exposure to these PFAS beyond drinking water (for example, food, air, consumer products, etc.), which provides an additional layer of protection.
EPA is issuing interim, updated drinking water health advisories for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) that replace those EPA issued in 2016. The updated advisory levels, which are based on new science and consider lifetime exposure, indicate that some negative health effects may occur with concentrations of PFOA or PFOS in water that are near zero and below EPA’s ability to detect at this time. The lower the level of PFOA and PFOS, the lower the risk to public health. EPA recommends states, Tribes, territories, and drinking water utilities that detect PFOA and PFOS take steps to reduce exposure. Most uses of PFOA and PFOS were voluntarily phased out by U.S. manufacturers, although there are a limited number of ongoing uses, and these chemicals remain in the environment due to their lack of degradation.
For the first time, EPA is issuing final health advisories for perfluorobutane sulfonic acid and its potassium salt (PFBS) and for hexafluoropropylene oxide (HFPO) dimer acid and its ammonium salt (“GenX” chemicals). In chemical and product manufacturing, GenX chemicals are considered a replacement for PFOA, and PFBS is considered a replacement for PFOS. The GenX chemicals and PFBS health advisory levels are well above the level of detection, based on risk analyses in recent scientific studies.
The agency’s new health advisories provide technical information that federal, state, and local agencies can use to inform actions to address PFAS in drinking water, including water quality monitoring, optimization of existing technologies that reduce PFAS, and strategies to reduce exposure to these substances. EPA encourages states, Tribes, territories, drinking water utilities, and community leaders that find PFAS in their drinking water to take steps to inform residents, undertake additional monitoring to assess the level, scope, and source of contamination, and examine steps to reduce exposure. Individuals concerned about levels of PFAS found in their drinking water should consider actions that may reduce exposure, including installing a home or point of use filter.
EPA is moving forward with proposing a PFAS National Drinking Water Regulation in fall 2022. As EPA develops this proposed rule, the agency is also evaluating additional PFAS beyond PFOA and PFOS and considering actions to address groups of PFAS. The interim health advisories will provide guidance to states, Tribes, and water systems for the period prior to the regulation going into effect.
The EPA’s work to identify and confront the risks that PFAS pose to human health and the environment is a key component in the Biden-Harris Administration whole-of-government approach to confronting these emerging contaminants. This strategy includes steps by the Food and Drug Administration to increase testing for PFAS in food and packaging, by the U.S. Department of Agriculture to help dairy farmers address contamination of livestock, and by the Department of Defense to clean-up contaminated military installations and the elimination of unnecessary PFAS uses.
To receive grant funding announced today through the Bipartisan Infrastructure Law, states and territories should submit a letter of intent by August 15, 2022. See more: https://www.epa.gov/dwcapacity/emerging-contaminants-ec-small-or-disadvantaged-communities-grant-sdc
To provide the public with more information about these actions, EPA will be hosting a webinar on June 23, 2022 at 12:00 pm Eastern. Learn more or register for the event.
PFAS Strategic Roadmap
Today’s actions achieve another key commitment as the agency implements the October 2021 PFAS Strategic Roadmap. Under the Roadmap, EPA is working across the agency to protect the public from the health impacts of PFAS. EPA has undertaken a number of actions to deliver progress on PFAS including:
- Issuing the fifth Unregulated Contaminant Monitoring Rule to improve EPA’s understanding of the frequency that 29 PFAS are found in the nation’s drinking water systems and at what levels.
- Issuing the first Toxic Substances Control Act PFAS test order under the National PFAS Testing Strategy;
- Adding five PFAS to EPA’s contaminated site cleanup tables;
- Publishing draft aquatic life water quality criteria for PFOA and PFOS;
- Issuing a memo to proactively address PFAS in Clean Water Act permitting; and
- Publishing a new draft total absorbable fluorine wastewater method.