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EPA Names 2 Chemicals as Haza 04/19 08:25
WASHINGTON (AP) -- The Environmental Protection Agency on Friday designated
two forever chemicals that have been used in cookware, carpets and firefighting
foams as hazardous substances, an action intended to ensure quicker cleanup of
the toxic compounds and require industries and others responsible for
contamination to pay for its removal.
Designation as a hazardous substance under the Superfund law doesn't ban the
chemicals, known as PFOA and PFOS. But it requires that releases of the
chemicals into soil or water be reported to federal, state or tribal officials
if they meet or exceed certain levels. The EPA then may require cleanups to
protect public health and recover costs that can reach tens of millions of
dollars.
PFOA and PFOS have been voluntarily phased out by U.S. manufacturers but are
still in limited use and remain in the environment because they do not degrade
over time. The compounds are part of a larger cluster of forever chemicals
known as PFAS that have been used since the 1940s in industry and consumer
products including nonstick frying pans, water-repellent sports gear,
stain-resistant rugs and cosmetics.
The term PFAS is short for per- and polyfluoroalkyl substances. The
chemicals can accumulate and persist in the human body for long periods.
Evidence from animal and human studies indicates that exposure to PFOA or PFOS
may lead to cancer or other health problems, including liver and heart damage
and developmental problems in infants and children.
The final rule issued Friday follows strict limits set by the EPA on certain
PFAS in drinking water that will require utilities to reduce them to the lowest
level they can be reliably measured. Officials say the drinking water rule,
announced April 10, will reduce exposure for 100 million people and help
prevent thousands of illnesses, including cancers.
Last year, three chemical companies announced they had reached a $1.18
billion deal to resolve complaints of polluting many U.S. drinking water
systems with PFAS. DuPont de Nemours Inc., The Chemours Co. and Corteva Inc.
said they would establish a fund to compensate water providers for
contamination.
And earlier this month, chemical manufacturer 3M Co. announced it will begin
payments to many U.S. public drinking water systems as part of a
multibillion-dollar settlement over contamination with forever chemicals.
resident Joe Biden's administration "understands the threat that forever
chemicals pose to the health of families across the country,'' EPA
Administrator Michael Regan said. "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."
Besides the final rule, the EPA issued a notice clarifying that the agency
will focus enforcement efforts on businesses and people who significantly
contribute to the release of PFAS chemicals into the environment, including
companies that have manufactured PFAS or used it in the manufacturing process,
as well as federal agencies and other responsible groups.
PFAS used in firefighting foam has tainted groundwater on and near military
bases and other locations where it's used in training exercises.
The Superfund law allows the EPA to clean up contaminated sites across the
country and forces parties responsible for the contamination to either perform
cleanups or reimburse the government for EPA-led cleanup work. When no
responsible party can be identified, Superfund gives the EPA money and
authority to clean up contaminated sites.
The EPA's action follows a report by the National Academies of Science that
calls PFAS a serious public health threat in the U.S. and worldwide. The EPA
said in 2022 that PFOA and PFOS are more dangerous than previously thought and
pose health risks even at levels so low they cannot currently be detected.
David Uhlmann, the EPA's assistant administrator for enforcement and
compliance, called the Superfund designation "a major step toward holding
polluters accountable for significant releases of PFAS into the environment.''
Officials "intend to exercise our enforcement discretion to focus on
significant sources of PFAS contamination,'' he said, not farmers, municipal
landfills, water utilities, municipal airports or local fire departments.
Water utilities, fire departments and other groups had complained that an
earlier EPA proposal could have imposed unfair costs on them without defined
cleanup standards.
The federal designation will ensure that manufacturers most responsible for
widespread PFAS contamination will bear the costs of cleaning it up, said
Jonathan Kalmuss-Katz, a lawyer for the environmental group Earthjustice.
He said it "just got a lot harder" for polluters including chemical
companies that long manufactured PFAS "to pass the costs of their PFAS releases
off on impacted communities and taxpayers."
Erik Olson, a health expert at the Natural Resources Defense Council, said
the EPA's action will help protect millions of American families exposed to the
toxic chemicals.
"We all learned in kindergarten that if we make a mess, we should clean it
up," he said. "The EPA's Superfund rule is a big step in the right direction
for holding polluters accountable for cleaning up decades of contamination."
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