EPA to limit toxic 'forever chemicals' in drinking water below NY standards

The Environmental Protection Agency on Tuesday proposed limiting the amount of harmful “forever chemicals” in drinking water to the lowest level that tests can detect — nationwide standards that would allow less than half of what's currently permitted in New York State.

If enacted, the rule would save thousands of lives and prevent serious illnesses, including cancer, according to the EPA.

The plan marks the first time the EPA has proposed regulating a toxic group of compounds that are widespread, dangerous and expensive to remove from water. PFAS, or per- and polyfluorinated substances, don’t degrade in the environment and are linked to a broad range of health issues, including low birthweight babies and kidney cancer. The agency says drinking water is a significant source of PFAS exposure for people.

“The science is clear that long-term exposure to PFAS is linked to significant health risks,” Radhika Fox, assistant EPA administrator for water, said in an interview.

The proposal would set strict limits of four parts per trillion, the lowest level that can be reliably measured, for two common types of PFAS compounds called PFOA and PFOS. New York's standard for the two chemicals, set in 2020, is 10 parts per trillion.

In a statement, the Long Island Water Conference, a trade group of local water suppliers, expressed worry about the cost of the proposed mandate, questioned whether it’s practicable and warned of rate increases, while saying it supports measures to protect public health.

“The cost to construct and operate these systems is staggering. Continued funding support from our elected officials at all levels of government is going to be needed to help alleviate a sharp increase in water rates throughout the region,” the statement said. “We are concerned that the demand for activated carbon is going to increase exponentially, putting strain on the current supply chain and driving up the cost of this necessary medium.”

Additionally, the statement said, “We are equally as concerned about available laboratory capacity to handle an increasing volume of water samples to test as there are a limited number of laboratories capable of testing to these proposed levels.”

Judith Enck, a former EPA regional administrator for the region that includes Long Island, acknowledged that the cost to comply would be "significant."

"But it's a lot cheaper than getting cancer," she said.

A statement from the state Department of Health and Department of Environmental Conservation applauded the EPA’s proposal. It also advised that water providers continue to follow the state’s standards.

Fox called the federal proposal a “transformational change” for improving the safety of drinking water in the United States. The agency estimates the rule could reduce PFAS exposure for nearly 100 million Americans, decreasing rates of cancer, heart attacks and birth complications.

The chemicals had been used since the 1940s in consumer products and industry, including in nonstick pans, food packaging and firefighting foam. Their use is now mostly phased out in the United States, but some still remain.

In addition, the EPA wants to regulate the combined amount of four other types of PFAS. Water providers will have to monitor for PFAS.

The public will have a chance to comment, and the agency can make changes before issuing a final rule, which is expected by the end of the year.

Environmental and public health advocates have called for federal regulation of PFAS chemicals for years. Over the last decade, the EPA has repeatedly strengthened its protective, voluntary health thresholds for the chemicals but has not imposed mandatory limits on water providers.

Public concern has increased in recent years as testing reveals PFAS chemicals in a growing list of communities that are often near manufacturing plants or Air Force bases.

Until now, only a handful of states, including New York, have issued PFAS regulations, and none has set limits as strict as the EPA proposal. By regulating PFOA and PFOS at the minimum amounts that tests can detect, the EPA is proposing the tightest possible standards that are technically feasible.

Rob Hayes, director of clean water for the group Environmental Advocates NY, said the rulemaking process would likely be done by year's end or early next year, when the standard would go into effect.

“This is a really historic moment,” said Melanie Benesh, vice president of government affairs at the Environmental Working Group. “There are many communities that have had PFAS in their water for decades who have been waiting for a long time for this announcement to come out.”

The agency said its proposal will protect everyone, including vulnerable communities, and reduce illness on a massive scale.

The EPA wants water providers to do testing, notify the public when PFAS are found and remove the compounds when levels are too high. Utilities that have high levels of a contaminant are typically given time to fix problems, but they could face fines or loss of federal grants if problems persist.

The proposal would also regulate other types of PFAS like GenX Chemicals, which manufacturers used as a substitute when PFOA and PFOS were phased out of consumer products. The proposal would regulate the cumulative health threat of those compounds and mandate treatment if that threat is too high.

The EPA recently made $2 billion available to states to get rid of contaminants such as PFAS and will release billions more in coming years. The agency also is providing technical support to smaller communities that will soon be forced to install treatment systems, and there's funding in the 2021 infrastructure law for water system upgrades.

With Matthew Chayes