The news has been filled lately with horror stories about the so-called “forever chemicals” per- and polyfluoroalkyl substances (PFAS). The headlines tell of whole towns sickened by contaminated water, dairy farms idled because the milk is undrinkable, and schools closed as the chemicals spread. According to an estimate by the US Environmental Protection Agency (EPA), 1,700 communities and military bases nationwide have some PFAS contamination. In response, the US Congress and EPA are taking aggressive steps to address the chemicals and protect drinking water sources.

What are PFAS chemicals?

PFAS (per- and polyfluoroalkyl substances) are a group of man-made chemicals that have been manufactured and used by a variety of industries since 1940. Common applications of PFAS include water and stain repellant materials, as well as firefighting foams. The chemicals do not break down over time, thus earning the nickname “forever chemicals”. While the use of older variants of PFAS have been widely discontinued, legacy uses and a lack of commercially viable alternatives have resulted in PFAS contamination in certain areas.

What has Congress Done?

The U.S. House last week passed a sweeping package of measures that would establish federal regulations for these toxic, persistent chemicals and compel cleanup of contaminated areas. The bill, designated H.R. 535, is currently under review by the Senate Committee on Environment and Public Works.
Also, Congress signed the National Defense Authorization Act for Fiscal Year 2020 (NDAA) into law. Among other provisions, the NDAA adds certain PFAS to the list of chemicals subject to Toxic Release Inventory reporting and establishes a framework for including additional PFAS to the list. The addition of these chemicals is immediate, and facilities should begin tracking and collecting data on these chemicals in 2020. Annual reports will be due to the EPA by July 1, 2021. For the full current list click here.

What is the EPA Doing?

In December 2019, EPA also took new actions to address PFAS contamination. The agency issued a guidance document, called Interim Recommendations for Addressing Groundwater Contaminated with PFOA and PFOS which outlines a federal cleanup program. Click here to read the document.
Additionally, EPA drafted a maximum contaminant level for PFAS. Setting the level will allow the agency to set standards for drinking water safety and allocate funds for cleanups and enforce violations. At this time the proposed regulation is being reviewed internally and is expected to be released in the federal register for public comment very soon.