Biden admin enacts first-ever PFAS ‘forever chemical’ limits on drinking water

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On Wednesday, the Biden administration finalized strict limits for certain so-called “permanent chemicals” in drinking water, which will require utilities to reduce them to the lowest level that can be reliably measured. Officials say this will reduce exposure for 100 million people and help prevent thousands of diseases, including cancer.

The rule is the first national drinking water limit on toxic PFAS, or perfluoroalkyl and polyfluoroalkyl substances, which are widespread and long-lasting in the environment.

Health advocates praised the Environmental Protection Agency for not backing away from strict limits the agency proposed last year. But water companies took issue with the rule, saying treatment systems are expensive to install and customers will end up paying more for water.

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Water providers are entering a new era with important additional health standards that the EPA says will make tap water safer for millions of consumers, a priority of the Biden administration. The agency has also proposed forcing utility companies to remove dangerous lead pipes.

Utility groups warn that the rules will cost tens of billions of dollars each and will hit small communities with fewer resources the hardest. Legal challenges will surely follow.

EPA Administrator Michael Regan says the rule is the most important action the EPA has ever taken on PFAS.

“The result is a comprehensive, life-changing rule, one that will improve the health and vitality of so many communities across our country,” Regan said.

PFAS chemicals are dangerous because they do not break down in the environment and are linked to health problems such as low birth weight and kidney cancer. They have been used in everyday products such as non-stick pans, firefighting foam, and waterproof clothing. Although some of the most common types have been phased out in the US, others remain. Water suppliers will now be forced to remove pollution deposited into the environment by other industries.

“The problem is that accumulation,” said Scott Belcher, a professor at North Carolina State University who researches the toxicity of PFAS. “Even very, very small amounts every time you take a drink of water throughout your life will continue to accumulate, leading to health effects.”

PFAS are a broad family of chemicals, and the new rule sets strict limits for two common types, called PFOA and PFOS, at 4 parts per billion. Three other types including GenEx chemicals that are a major problem in North Carolina are limited to 10 parts per billion. Water suppliers will have to test for these PFAS chemicals and inform the public when levels are too high. Combinations of some types of PFAS will also be limited.

Regan will announce the rule in Fayetteville, North Carolina, on Wednesday.

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Environmental and health advocates praised the rule but said PFAS makers knew decades ago that the substances were dangerous but hid or downplayed the evidence. The limits should have come sooner, they argue.

“Reducing PFAS in our drinking water is the most cost-effective way to reduce our exposure,” said Scott Faber, food and water expert at the Environmental Working Group. “It is much more difficult to reduce other exposures, such as PFAS in food, clothing or carpets.”

Over the past year, the EPA has periodically released batches of utility test results for PFAS in drinking water. About 16% of utilities found at least one of the two PFAS chemicals strictly limited at or above the new limits. These utilities provide services to tens of millions of people. The Biden administration, however, expects between 6% and 10% of water systems to exceed the new limits.

Water suppliers will generally have three years to conduct testing. If those tests exceed the limits, they will have two more years to install treatment systems, according to EPA officials.

Some funds are available to assist public services. Manufacturer 3M recently agreed to pay more than $10 billion to drinking water suppliers to resolve PFAS litigation. And the Bipartisan Infrastructure Act includes billions to combat the substance. But utilities say more will be needed.

For some communities, the test results came as a surprise. Last June, a utility outside Philadelphia that serves nearly 9,000 people learned that one of its wells had a PFOA level of 235 parts per trillion, one of the highest results in the country at the time. .

“I mean, obviously, it was a shock,” said Joseph Hastings, director of the joint public works department for the Collegeville and Trappe districts, whose job includes resolving problems presented by the new regulations.

The well was quickly taken offline, but Hastings still does not know the source of contamination. Several other wells were above the EPA’s new limits, but below those the state of Pennsylvania had previously set. Now, Hastings says installing treatment systems could be a multimillion-dollar undertaking, a major expense for a small customer base.

The new regulation “is going to throw public confidence in drinking water into chaos,” said Mike McGill, president of WaterPIO, a water industry communications firm.

The American Water Works Association, an industry group, says it supports developing limits on PFAS in drinking water, but argues the EPA rule has big problems.

The agency underestimated its high cost, which cannot be justified for communities with low levels of PFAS, and will increase customers’ water bills, the association said. In addition, there are not enough experts and workers, and supplies of filtration material are limited.

In some places, work has already begun. The Veolia company operates utilities serving about 2.3 million people in six eastern states and manages water systems for millions more. Veolia built PFAS treatment for small water systems serving about 150,000 people. However, the company expects approximately 50 more sites will need treatment and is working to step up efforts to reduce PFAS in the larger communities it serves.

These efforts follow dramatic changes to the EPA’s health guidelines for PFAS in recent years as more research emerged about their health harms. Less than a decade ago, the EPA issued a health advisory that combined levels of PFOA and PFOS should not exceed 70 parts per billion. Now, the agency says no amount is safe.

Public alarm has also increased. In Minnesota, for example, Amara’s Law aims to stop the avoidable use of PFAS. It’s been nearly a year since the law’s namesake, Amara Strande, died of a rare cancer that her family attributes to PFAS contamination by 3M near her high school in Oakdale, although a connection cannot be proven. between PFAS and your cancer. Biden administration officials say communities should not suffer like Oakdale. 3M says it extends its deepest condolences to Amara’s friends and family.

The loss of Amara pushed the family toward activism. They have testified several times in favor of PFAS restrictions.

“Four parts per billion, we couldn’t ask for a better standard,” said Nora, Amara’s sister. “It’s a very ambitious goal, but anything more than that puts lives at risk.”

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