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WASHINGTON— The U.S. Environmental Protection Agency on Tuesday proposed the first national drinking water standard for "forever chemicals" that are dangerous to human health. The move could radically affect drinking water for nearly everyone in the United States.
The new rule intends to set drinking water standards for six per- and polyfluoroalkyl substances, also known as PFAS or "forever chemicals." These chemicals are a family of ubiquitous synthetic chemicals that linger in the environment and the human body, where they can cause serious health problems.
Although there are thousands of these chemicals, according to the National Institutes of Health, under the rule, water systems would have to monitor for six specific chemicals, notify the public about levels of these chemicals and work to reduce them if levels go above the standard allowed.
The EPA says the proposal would prevent thousands of deaths due to exposure to these chemicals, as well as tens of thousands of serious illnesses. The agency chose these chemicals because it has the most clear science about their impact on human health and said it is evaluating additional chemicals, as well.
The EPA's proposed limits set the allowable levels for these chemicals so low that they could not be easily detected.
The proposal would regulate two chemicals, perfluorooctanoic acid and perfluorooctane sulfonic acid, at four parts per trillion. For other chemicals, the EPA proposes not one standard for each but a limit for a mix of them.
Water systems would have to determine whether the levels of these chemicals pose a potential risk. They may need to install treatment or take other action to reduce its levels, the agency said, and systems may also even need to switch to different water sources.
Found in homes across the country
The proposal would be one of the first new chemical standards that updates the Safe Drinking Water Act since 1996. The proposed standards would be much stricter than the EPA suggested in 2016, when its health advisories recommended "forever chemical" concentrations in drinking water of no more than 70 parts per trillion.
In June, based on the latest science, the EPA issued health advisories that said the chemicals are much more hazardous to human health than scientists originally thought and are probably more dangerous even at levels thousands of times lower than previously believed.
The EPA had set an internal deadline to propose this rule by the end of last year, but the proposal was going through interagency review. Now that the proposed rule is out, it will be open to a period of public comment. The EPA will take those comments into consideration and issue a final decision on the rule, expected later this year.
We'll keep polluting our drinking water if we don't stop the uses of these chemicals," Hitchcock said.
–Liz Hitchcock, Toxic-Free Future
Public water systems generally have three years from the date of the regulation to comply, the agency said.
The chemicals have been widely used since the 1940s in hundreds of kinds of common household items, where they help repel water and oil. They can be found in water-repellent clothes, furniture and carpet, in nonstick pans, paints, cosmetics, cleaning products and food packaging, and in firefighting foams.
The extremely strong elemental bonds that make the chemicals repel oil and water also make it difficult for them to break down in the body or in the environment.
A study from the U.S. Centers for Disease Control and Prevention in 2007 found that these "forever chemicals" could be found in 98% of the U.S. population.
The chemicals have been detected in Utah, including at the Salt Lake City International Airport and military bases in the state.
The chemicals can primarily settle in the blood, kidney and liver, and exposure can lead to serious health problems like cancer, obesity, thyroid disease, high cholesterol, decreased fertility, liver damage and hormone suppression, according to the EPA.
Last year, the National Academies of Sciences, Engineering, and Medicine issued guidelines for doctors to test, diagnose and treat the millions of people who have a history of elevated exposure to these chemicals.
Attempts at regulation
Over the past decade, chemical manufacturers have stopped producing some types of "forever chemicals."
At the federal level, the U.S. Food and Drug Administration phased out the use of certain of these chemicals in 2016. The FDA and manufacturers also agreed in 2020 to phase out some of these chemicals from food packaging and other items that came into contact with food. However, FDA monitoring of the environment showed that the chemicals tend to linger, as the "forever" name implies.
A replacement that many chemical companies have been using, GenX, may also be problematic, according to the EPA. Animal studies have shown that it may affect the liver, kidneys and immune system, and it might be linked to cancer.
It's clear that these chemicals are toxic at very low levels and the EPA is responding to that risk, and I think this is a huge win for public health.
–Melanie Benesh, Environmental Working Group
The Biden administration has taken some steps to help eliminate exposure to this pollution. As a part of the 2022 Infrastructure Investment and Jobs Act, $10 billion was made available for cleanup of contaminants like "forever chemicals" in drinking water.
In February, the EPA also announced $2 billion available to address contaminants like "forever chemicals" in drinking water in small, rural and disadvantaged communities.
The American Chemistry Council, an association that represents chemical makers, said that some of these chemicals were phased out of production by its members more than eight years ago. "We support restrictions on their use globally, and we support drinking water standards for PFOA and PFOS based on the best available science," the council said in an email to CNN. It does, however, say it that has "serious concerns" about the science that the EPA used to create the rule that it calls "conservative."
Environmental groups applaud move
Tuesday's announcement "is really historic and long overdue," said Melanie Benesh, vice president of government affairs for the Environmental Working Group, an environmental research and advocacy group. "There are a lot of communities that have been exposed to these chemicals for decades.
"It's clear that these chemicals are toxic at very low levels and the EPA is responding to that risk, and I think this is a huge win for public health," she added.
A new rule, paired with actual resources to clean up contamination and to make sure communities can test for these chemicals, is an important step, said Sarah Doll, national director of Safer States, a group that works to help communities prevent harm caused by dangerous chemicals.
"We also need the polluters, those who actually caused the harm, to help pay for the cleanup," Doll said. Seventeen state attorneys general and others are suing now several makers and users of these chemicals. "This is a first step. It's great. It's really important, and we're going to need additional resources, especially from those who have caused harm."
With the proposed rule, the EPA is catching up to 10 states that have enforceable drinking water standards for these chemicals: Maine, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont and Wisconsin.
"We're very excited that the administration is taking these steps forward. They represent a very positive step in the right direction," said Liz Hitchcock, director of federal policy for Toxic-Free Future, a group that advocates for the use of safer products and chemicals.
But no EPA water standard is going to solve the problem on its own. Manufacturers of items that use these chemicals will need to urgently find alternatives.
"We'll keep polluting our drinking water if we don't stop the uses of these chemicals," Hitchcock said.
Users will also have to reduce demand. In one instance, the U.S. Department of Defense has set a schedule to get "forever chemicals" out of firefighting foam by October and to stop use of it by October 2024. Hundreds of military properties have been contaminated by foam used to put out jet fuel fires.
The proposal is now open for public comment before the standards are finalized.
People who want to make their water safer in the meantime can use point-of-entry or point-of-use filters with activated carbon or reverse osmosis membranes, which have have been shown to be effective at removing "forever chemicals" from water, the EPA says.
Correction: A previous version incorrectly identified Tim Davis as the director of the Utah Division of Water Quality. Davis is the director of the Utah Division of Drinking Water.
