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EPA plans action to address PFAS, including 'polluter pays'

David Jordan, CQ-Roll Call on

Published in News & Features

WASHINGTON — The EPA on Monday announced a series of “major actions” to address per- and polyfluoroalkyl substance contamination, including an initiative to work with Congress to ensure that liability adheres to the “polluter pays” principle.

The actions include designating an agency lead for the chemicals, commonly known as PFAS, developing wastewater guidelines for PFAS manufacturers and metal finishers, and moving forward with cleanup in areas where drinking water supplies show PFAS contamination.

PFAS, dubbed “forever chemicals” by environmental advocates, are a class of human-made chemicals used in a wide range of industrial applications, including nonstick cookware, firefighting foam and semiconductors. Their structure makes them difficult to break down, and they have been linked to certain cancers, as well as impacts on the liver, heart and endocrine system.

EPA Administrator Lee Zeldin said in a statement that the actions are guided by the principles of strengthening the science, fulfilling statutory obligations and enhancing communication, and building partnerships.

“With today’s announcement, we are tackling PFAS from all of EPA’s program offices, advancing research and testing, stopping PFAS from getting into drinking water systems, holding polluters accountable, and providing certainty for passive receivers,” Zeldin said.

Zeldin, who represented a district on New York’s Long Island in Congress from 2015 to 2023, was one of a minority of Republicans to vote for a bill to require the EPA to establish a national drinking water standard for PFAS, a fact cited in the agency’s announcement. That bill didn’t become law. The Biden administration announced drinking water standards last year through agency action.

 

The EPA said it intended to address “the most significant compliance challenges and requests from Congress and drinking water systems.”

Water and wastewater utilities said the EPA’s drinking water standards and the designation of two forms of PFAS as hazardous chemicals under the law governing Superfund sites would cost billions more than the Biden administration estimated, expose them to liability lawsuits and result in increased costs for ratepayers.

Trade associations representing utilities have sued over the drinking water standard and have also lobbied Congress for changes to the Superfund law to exclude passive receivers from liability for cleanup costs. They have also endorsed a bipartisan bill from Rep. Marie Gluesenkamp Pérez, D-Wash., that would provide this exemption.

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