EPA declares 2 forever chemicals are ‘hazardous,’ putting polluters on the hook for cleanup

The Biden administration designated two pervasive pollutants as “hazardous substances” Friday — making it easier to put companies that dumped them on the hook for cleanup costs. 

The move by the Environmental Protection Agency (EPA) designates two types of PFAS as hazardous under the nation’s legacy pollution law. 

PFAS, which stands for per-and polyfluoroalkyl substances, refers to a class of cancer-linked chemicals that have been used to make nonstick and waterproof products, as well as firefighting foam.

The toxic chemicals have become pervasive in U.S. waterways, but have also contaminated specific sites, including areas near chemical plants and military bases. 

The EPA’s latest action seeks to enable remediation of historic pollution of two of the most notorious and dangerous types, called PFOA and PFOS.

The new hazardous substance designation gives the agency greater authority to investigate and clean up sites that have been polluted with these chemicals under the nation’s Superfund law. It also makes it easier for the agency to compel the companies that dumped them to pay for those actions.

The EPA also said that it was issuing a separate policy stating that it would focus these efforts on big polluters like companies that made or used PFAS in manufacturing or certain federal facilities.

The agency said that its move would enable “earlier, broader, and more effective cleanups of contaminated sites” because it would give EPA access to a broader suite of tools to address the problem and allow for additional chemicals at those sites to also be addressed.

Ultimately, the EPA said the reduced exposure to PFOA and PFOS would result in fewer cases of the illnesses associated with them, including cancers such as kidney cancer and thyroid disorders.

“President Biden understands the threat that “forever chemicals” pose to the health of families across the country,” EPA Administrator Michael Regan said in a written statement.

“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,” he added.

The chemicals are sometimes called “forever chemicals” because they tend to persist in the environment and build up over time instead of breaking down.

The move comes just days after a separate rule established legal limits for several PFAS in drinking water, including PFOA and PFOS.

The EPA’s action faced opposition from industry and many Republicans, who argue that not just major chemical companies will be on the hook and warn of costs for smaller entities who also discharge PFAS.

“I have repeatedly warned the EPA about the unintended consequences stemming from this rule, which will have disproportionate impacts on providers of essential public services such as water and waste utilities, airports, farmers and ranchers, and fire departments,” Sen. Shelley Moore Capito (R-W.Va.) said in a statement. 

“We must pass legislation to safeguard American ratepayers from the financial burden imposed by this misguided rule,” she added.

However, the EPA says in the new enforcement policy it issued that it does not intend to go after community water and sewer systems, publicly owned landfills and airports and local fire departments for cleanup costs.

Environmental advocates praised the rule as beneficial to people who have been exposed to the substances.

“After decades of industry using and disposing PFOA and PFOS, EPA can now accelerate cleanups of the most contaminated sites,” Earthjustice legislative counsel Christine Santillana said in a statement, adding that it “gives hope to impacted communities that their health will be better protected.”

Updated at 11:56 a.m. EDT