Regulations to keep forever chemicals out of our tap water are being rolled back, the Environmental Protection Agency announced last week. Here’s what to know about why these regulations were put in place, and what this means going forward for your health and safety, and that of your household.
Forever Chemicals’ Health Warnings
As Forbes.com staff reporter Molly Bohannon wrote in a July 2023 article, “A new study from the U.S. Geological Survey found ‘forever chemicals’ were present in about 45% of U.S. tap water, after taking samples from hundreds of sites from 2016 to 2021, marking the first time the government tested for and compared PFAS levels from private and public water supplies throughout the country.” These chemicals can cause adverse health effects, with Bohannon citing “decreased fertility, increased high blood pressure in pregnant women, and developmental effects or delays in children. PFAS can also increase the risk of prostate, kidney, and testicular cancers, and reduce the immune system’s effectiveness, according to the EPA.”
Abridged History of Forever Chemicals’ Rulemaking
The EPA cited these forever chemicals’ regulatory milestones on its website:
- In February 2023, the EPA announced the availability of $2 billion from the Bipartisan Infrastructure Law to address emerging contaminants, including PFAS, in drinking water across the country.”
- In April 2023, EPA issued an Advance Notice of Proposed Rulemaking (ANPRM) asking the public for input regarding potential future hazardous substance designations of PFAS under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund.
- In June 2023, EPA released a framework for addressing new and new uses of PFAS under the Toxic Substances Control Act (TSCA).
- In August 2023, EPA released the first set of data collected under the fifth Unregulated Contaminant Monitoring Rule (UCMR 5). These new data will improve EPA’s understanding of the frequency that 29 PFAS and lithium are found in the nation’s drinking water systems, and at what levels. As part of UCMR 5, EPA is conducting the most comprehensive monitoring effort for PFAS ever, at every large and midsize public water system in America, and at hundreds of small water systems.
- In January 2024, the EPA announced the automatic addition of seven PFAS to the list of chemicals covered by the Toxics Release Inventory (TRI), consistent with the Fiscal Year 2020 National Defense Authorization Act. TRI reporting will be required for these seven PFAS for the 2024 reporting year.
- In April 2024, EPA issued the first-ever national, legally enforceable drinking water standard to protect communities from exposure to harmful PFAS. The final rule will reduce PFAS exposure for approximately 100 million people, prevent thousands of deaths, and reduce tens of thousands of serious illnesses. EPA concurrently announced a further $1 billion to help states and territories implement PFAS testing and treatment at public water systems and to help owners of private wells address PFAS contamination.
Proposed Rule Changes
Which brings us to last week’s announcement with this tagline: “EPA intends to provide regulatory flexibility and holistically address these contaminants in drinking water.” EPA Administrator Lee Zeldin wrote in the announcement, “We are on a path to uphold the agency’s nationwide standards to protect Americans from PFOA and PFOS in their water. At the same time, we will work to provide common-sense flexibility in the form of additional time for compliance.” This will extend the timeframe an additional two years to 2031. “This will support water systems across the country, including small systems in rural communities, as they work to address these contaminants,” he explained.
The new rules will keep in place protections from perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), embodied in the National Primary Drinking Water Regulations, the announcement clarifies, but rescinds them for categories of forever chemicals known as GenX and another group referred to as PFBS.
Rule Change Reactions
The EPA’s announcement quoted two water system organizations expressing gratitude for the changes. “This commonsense decision provides the additional time that water system managers need to identify affordable treatment technologies and make sure they are on a sustainable path to compliance,” said National Rural Water Association CEO Matthew Holmes. Association of State Drinking Water Administrators executive director Alan Roberson agreed, adding that his members have been struggling with the 2029 timeframe to complete testing, develop construction plans and build the improvements.
“Our research estimates there could be nearly 30,000 industrial polluters across the U.S. releasing PFAS into the environment, including into sources of drinking water,” declared Melanie Benesh, vice president of government affairs at the Environmental Working Group. She cited communities near airports, industrial sites and military bases being especially vulnerable.
Ken Sansone, senior partner at SL Environmental Law Group says the firm represents municipalities, public drinking water providers and the attorneys general of several states. “We represent more than 250 clients dealing with PFAS, and almost all of them have already brought suit against manufacturers of PFAS and products containing it for contamination of their drinking water, wastewater, and/or soil or other property.” he added. Sansome expects that the EPA’s proposed regulatory changes will be challenged in court. (There’s already ongoing litigation, Benesh observed.)
Consumer Protection
One of the ways you can protect yourself and your family from forever chemicals in your tap water is to use certified water treatment products. NSF, (formerly National Sanitation Foundation), is one of the certifiers, and it maintains a list on its website of certified products. Using it can simplify your shopping process and avoid products that don’t perform as promised.
“Consumers who want to limit their exposure to PFAS can use water treatment products certified by NSF to NSF/ANSI 53 and NSF/ANSI 58 for PFAS reduction,” commented Steve Haan, the organization’s vice president. NSF recommends testing your water and working with a water treatment specialist to implement effective solutions.
San Francisco-based plumbing contractor Phil Lutz continues to address forever chemical contamination issues for his Bay Area clientele, he reported. “In 2023, the San Francisco Estuary Institute reported PFAS contamination in local water sources, particularly linked to industrial discharges. Three facilities were flagged for discharging PFAS into groundwater,” he noted. Affected areas span the region, encompassing suburbs north, south and east of the city.
Lutz’s firm primarily specifies two certified whole house water filtration system, he shared. The benefit of this approach is that you not only purify the water coming out of your kitchen sink faucet, where you most frequently see filtration in homes, but also the water in your showers, dishwasher, clothes washer and bathtubs, all of which can impact your wellbeing.
“We prioritize certifications to ensure the systems we sell meet rigorous performance and safety standards, especially with the new EPA PFAS rule setting maximum contaminant levels (MCLs) at 4 ppt for PFOA and PFOS, and 10 ppt for PFHxS, PFNA, and HFPO-DA,” he commented. Three of the four most important certifications his firm looks for are from NSF. The fourth is WQA’s Gold Seal. “The Water Quality Association’s certification adds credibility, confirming third-party testing for NSF standards.”
Most important, Lutz declared, “We avoid systems without these certifications, as they may not reliably reduce PFAS or lead, especially given the variability in whole house system performance.” There’s also a risk of some making teh problem worse if not properly maintained, he added.
Lutz’s recommendations are HALO Water Systems’ HALO 5 Stage Whole House Water Filtration and Conditioning System and Environmental Water Systems’ Spectrum Series. I covered additional protections consumers can add to their homes in my July 2023 reporting on forever chemicals tainting our tap water.
Last Words
As Benesh pointed out, “Right now, the rules are still in effect, the EPA has only signaled its intent to rescind the rules through a press release.” The EPA could try to rescind them through ongoing litigation, she theorized. We don’t yet know.
While the regulatory process plays out, environmental health and water quality experts urge you to protect yourself and your household from forever chemicals’ hazards to your health and safety.
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