More than 5,000 sites across the U.S. are polluted with the toxic “forever chemicals” known as PFAS, creating an urgent national health and environmental crisis. The Biden administration took a crucial step toward tackling the problem and making polluters pay, by designating PFOA and PFOS, two of the most notorious PFAS, as hazardous substances.
PFOA was used by DuPont for Teflon and PFOS was used in 3M’s Scotchgard, but both were phased out of use in the U.S. following pressure from the Environmental Protection Agency years ago. But the contamination these chemicals and other PFAS caused at sites throughout the country remains, and polluters have been trying to avoid paying to clean them up.
How will the new EPA rule help? EWG has answers to some of the most frequently asked questions about how the PFAS hazardous substances designation should help to jump-start the cleanup of contaminated sites, benefiting millions of Americans.
Explaining the EPA designation
What are PFAS and why are they harmful?
PFAS are known as “forever chemicals” because they build up in our bodies and never break down in the environment. They are used in thousands of consumer and industrial applications to make products nonstick, stain-repellent and waterproof.
Hundreds of studies link PFAS exposure to health harms, including testicular, kidney, liver and pancreatic cancer; reproductive problems; weakened childhood immunity; low birth weight; endocrine disruption; increased cholesterol; and weight gain in children and dieting adults.
Why is the Biden administration designating PFOA and PFOS as hazardous substances?
In 2020, then-presidential candidates Joe Biden and Kamala Harris promised in their Plan to Secure Environmental Justice to make tackling PFAS a priority. That plan included a specific commitment for “designating PFAS as a hazardous substance” – and as president, Biden has made good on that promise with PFOA and PFOS.
How does the EPA decide to designate a chemical as a hazardous substance?
Most known hazardous substances are already regulated as hazardous under environmental laws like the Clean Air Act, Clean Water Act or toxic waste disposal laws. The Comprehensive Environmental Response, Compensation and Liability Act, or CERCLA, better known as Superfund, also gives the EPA power to designate other substances that might be found at contaminated sites as hazardous.
The agency can issue such a designation if a substance “may present a substantial danger to the public health or welfare or the environment.” In its new rule, the EPA says PFOA and PFOS meet this definition.
The complete list of roughly 800 hazardous substances is here.
How will the hazardous substances designation kick-start cleanup?
This designation means the EPA is more likely to add sites contaminated with these chemicals to its National Priorities List of the most polluted U.S. locations, those most urgently in need of cleanup.
The EPA’s action also means that for the first time, it no longer needs to show an “imminent and substantial danger to the public health or welfare” to clean up PFOA or PFOS at a contaminated site. This lower bar should clear the way for kick-starting cleanup at U.S. sites, such as military installations, among others.
How will the hazardous substances designation hold polluters accountable?
A hazardous substance designation allows the EPA to use money from its Superfund – the EPA’s account for addressing this kind of contamination – to quickly jump-start cleanup at a PFOA- or PFOS-polluted site and to recover the costs from the polluters. If a company that contributed to the PFAS contamination problem refuses to cooperate, the EPA can order a cleanup anyway and fine the company if they fail to take action.
Which polluters will be responsible for cleaning up contaminated sites?
The “polluter pays” principle is the foundation of the Superfund law. Any company that owns a site, generates waste at the site, or transports the hazardous substance to the site – or did in the past – can be held responsible for contamination. But the EPA has broad discretion to ensure the polluters pay the lion’s share of the cleanup costs.
How long have the polluters known PFAS are toxic?
Polluters have known for more than 60 years that PFAS are toxic, which is why they should be on the hook to pay for cleanup.
Why has it taken so long to designate PFOA and PFOS as hazardous substances?
Even though PFAS manufacturers have long known their chemicals were toxic, they hid the risks from regulators and the public for decades. When most other hazardous substances received that designation, Congress and the EPA didn’t know about the risks of PFAS.
Will water utilities and landfills be held responsible for PFAS contamination?
The EPA says it will hold polluters responsible for PFAS contamination, not utilities and landfills. The agency can also settle with these entities. They’re then protected from lawsuits from other polluters trying to recover their cleanup costs. Utilities and landfills can also assert affirmative defenses to clean up cost liability and when releases are subject to a permit they are shielded from cleanup cost liability.
Impact of the designation
What does this news mean for farmers?
Farmers will not face liability for PFAS-contaminated sites. Some farm fields have become polluted as a result of the application of contaminated sewage sludge. But the application of fertilizers like sewage sludge does not create any liability and is exempt under the federal Superfund law. If a farmer cleans up their farm, the designation lets them recoup the cost from the polluters.
What does the designation mean for military communities?
Without a PFAS hazardous substances designation, the Department of Defense has been able to slow-walk its cleanup of contaminated military bases. Now it no longer has an excuse to delay action.
The designation will also help highly polluted DOD sites more easily get added to the EPA list of priority cleanup sites, which would in turn kick-start the cleanup process.
If the DOD closes a base and sells it to civilian developers, it will have to report information to those developers about PFAS found at the base and any steps it takes to clean them up.
How will the hazardous substances designation increase reporting of PFAS releases?
When a chemical is added to the list of hazardous substances, the EPA sets a reportable quantity. Any time a substance is released above that quantity it must be reported. By imposing reportable quantities, the EPA will get immediate information about new PFAS releases and the chance to investigate immediately and, if necessary, take actions to reduce additional exposures. This information is also shared with state or tribal and local emergency authorities, so it can reach communities more quickly.
How do hazardous substances – the focus of this designation – differ from “hazardous wastes,” a separate EPA designation?
Hazardous substances are regulated under the federal Superfund law, which focuses on cleanup of legacy contamination. A hazardous substance designation creates reporting requirements for releases and gives the EPA new enforcement tools to kick-start cleanup.
By contrast, hazardous wastes are regulated under waste management and disposal laws. While hazardous waste laws can also be used to oversee cleanup of contaminated sites, they mostly target the management and disposal of wastes from ongoing production and use.
In other words, hazardous substance designation is largely retrospective, and hazardous waste designation is largely prospective.
How will the EPA’s designation affect sites that have already been cleaned up?
Sites that have already been cleaned up must be assessed every five years to ensure they stay clean and that nearby communities continue to be safe. In some cases, further action may be needed to address PFOA and PFOS at sites that have already been cleaned up. But that kind of situation will likely be rare, since many closed sites have already taken measures that would address PFAS.
Reducing personal exposure to PFAS
How can I protect myself from PFAS in my tap water?
To help you lower your family’s exposure at home, EWG has a step-by-step guide for consumers interested in buying a home tap water filter. Reverse osmosis and carbon-based home water filters can reduce PFAS in tap water.
What other steps can I take to reduce my exposure?
Lowering the amount of PFAS in drinking water is among the most effective ways to reduce PFAS in your blood. Other steps include changing your diet, cooking more at home and avoiding products made with forever chemicals.
Health risks linked to PFAS exposure
How does PFAS exposure affect reproductive health?
Exposure to PFAS is linked to developmental and reproductive toxicity, including low birth weight, thyroid disruption, harm to the male reproductive system, pregnancy-induced high blood pressure, and some evidence of infertility and shorter duration of breastfeeding.
Can PFAS exposure raise the risk of cardiovascular disease?
Exposure to PFAS through drinking water contributes to higher levels of PFAS in blood serum. This can lead to increases in total cholesterol, changes in high-density lipoproteins and elevated levels of systolic blood pressure. Changes in these factors are associated with a higher risk of cardiovascular health problems, such as heart attack and stroke.
Does PFAS exposure increase the number of infant deaths?
PFAS exposure has been linked to developmental problems, such as low infant birth weight, birth length, and head circumference at birth. Low birth weight is an important factor in survival rates and medical care costs among infants, creating a link between exposure to PFAS and a greater number of infant deaths.
Are children more susceptible to the harms caused by PFAS?
Because children are still developing, they may be more sensitive to the harmful effects of chemicals like PFAS. Children drink more water, eat more food and breathe more air per pound of body weight than adults, which can increase their exposure to these chemicals.
Young children crawl on floors and put things in their mouths, which leads to higher exposure to PFAS in carpets, household dust, toys and cleaning products.
Breast milk with PFAS and formula made with water containing PFAS can expose infants to the chemicals, and it’s also possible for the developing fetus to be exposed.
