EPA designates 2 permanent chemicals as hazardous, eligible for Superfund cleanup

Washington—— WASHINGTON (AP) The U.S. Environmental Protection Agency on Friday designated two permanent chemicals used in cookware, carpets and firefighting foam as hazardous substances, a move aimed at ensuring faster cleanup of toxic compounds and holding those responsible for contamination accountable Responsible industries and other bodies pay compensation.

Designation as hazardous under the Superfund Act does not prohibit these chemicals, namely perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS). But it requires that chemical releases to soil or water at or above certain levels must be reported to federal, state or tribal officials. The EPA may then require cleanup efforts to protect public health and recoup costs that could run into tens of millions of dollars.

PFOA and PFOS have been voluntarily phased out by U.S. manufacturers, but their use remains limited and they remain in the environment because they do not degrade over time. These compounds are part of a larger group of permanent chemicals called PFAS that have been used in industrial and consumer products since the 1940s, including nonstick pans, waterproof sports gear, stain-resistant carpets and cosmetics.

The term PFAS is an abbreviation for per- and polyfluoroalkyl substances. These chemicals can accumulate in the body and remain there for a long time. Evidence from animal and human studies suggests that exposure to PFOA or PFOS may cause cancer or other health problems, including liver and heart damage and developmental problems in infants and children.

The final rule released Friday follows the stringent limits set by the EPA on certain PFAS in drinking water, which will require utilities to reduce them to the lowest levels that can be reliably measured. Officials say the drinking water rules announced on April 10 will reduce drinking water intake by 100 million people and help prevent thousands of diseases, including cancer.

Last year, three chemical companies announced they had reached a $1.18 billion agreement to resolve complaints that PFAS was contaminating many U.S. drinking water systems. DuPont de Nemours Inc., Chemours Co. and Corteva Inc. said they would set up a fund to compensate water suppliers for pollution problems.

Earlier this month, chemical maker 3M announced it would begin making payments to many U.S. public drinking water systems as part of a multibillion-dollar settlement over permanent chemical contamination.

President Joe Biden’s administration understands the permanent threat chemicals pose to the health of families across the country,” said EPA Administrator Michael Regan. Bringing these chemicals into our Superfund authority will allow EPA to treat more contaminated sites, take action earlier and speed up cleanups, while ensuring polluters pay the costs of cleaning up contamination that threatens community health.

In addition to the final rule, the EPA issued a notice clarifying that the agency will focus enforcement efforts on businesses and individuals that significantly contribute to the release of PFAS chemicals into the environment, including by manufacturing PFAS or during the manufacturing process Companies that use PFAS, as well as federal agencies and other responsible groups.

PFAS used in firefighting foam has contaminated groundwater in and around military bases and other locations used for training exercises.

The Superfund law allows the EPA to clean up contaminated sites across the country and forces parties responsible for contamination to either perform cleanups or reimburse the government for EPA-led cleanups. Superfund provides funding and authority to the EPA to clean up contaminated sites when the responsible party cannot be identified.

The EPA’s action comes after the National Academy of Sciences released a report saying PFAS pose a serious threat to public health in the United States and around the world. The EPA said in 2022 that PFOA and PFOS are more dangerous than previously thought and can pose health risks even at levels so low that they are currently undetectable.

David Uhlmann, EPA Assistant Administrator for Enforcement and Compliance, called the Superfund designation an important step in holding polluters accountable for the large amounts of PFAS released into the environment. The important sources,” he said, are not farmers, municipal landfills, water companies, municipal airports or local fire departments.

Water companies, fire departments and other groups complained that the EPA’s earlier proposal could impose unfair costs on them without clear cleanup standards.

Jonathan Kalmus-Katz, an attorney for the environmental group Earthjustice, said the federal designation will ensure that manufacturers most responsible for widespread PFAS contamination will bear the cost of cleanup.

He said it has become more difficult for polluters, including chemical companies that have long produced PFAS, to pass on the costs of their PFAS emissions to affected communities and taxpayers.

Eric Olson, a health expert at the Natural Resources Defense Council, said the EPA’s action will help protect millions of American families exposed to toxic chemicals.

We all learned in kindergarten that if we make a mess, we should clean it up. Responsibility.

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