The Designation of Two PFAS as Hazardous Substances; What It Means For NC.

The U.S. Environmental Protection Agency (EPA) has designated two widespread “forever chemicals” as hazardous substances under the Superfund cleanup law, an action to ensure accountability by polluters who manufactured and released these toxins.

This action follows up on EPA’s recent establishment of an enforceable limit on PFAS in drinking water. It is accompanied by an enforcement discretion policy that makes clear EPA will go after manufacturers and other parties responsible for releasing these PFAS into the environment. 

The Outcomes of the Designation

“President Biden understands the threat that “forever chemicals” pose to the health of families across the country. That’s why EPA launched its PFAS Strategic Roadmap, a whole-of-agency approach to protecting public health and addressing the harm to communities overburdened by PFAS pollution,” said EPA Administrator Michael S. Regan. “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.” 

“EPA’s final decision to list PFOA and PFOS as hazardous chemicals under the Superfund program is a historic win for communities across the country impacted by this toxic pollution. For decades, chemical companies have knowingly jeopardized the health of our communities, especially communities of color and low-wealth communities, by contaminating our drinking water, lands, and air with these dangerous ‘forever chemicals,’” said League of Conservation Voters (LCV) Deputy Legislative Director Madeleine Foot. “Today’s hazardous listing is a monumental step and will provide much-needed transparency around the release of these chemicals, allow EPA to swiftly deploy resources for cleanup, and ensure Big Polluters, not taxpayers, are held liable for cleanup costs. This announcement builds on the Biden-Harris administration’s recent finalization of the first-ever PFAS drinking water standards, delivering on another key piece of their PFAS roadmap, and demonstrating once again their commitment to ensuring everyone is able to live in a clean, safe, and healthy environment.” 

Next Steps for PFAS in the South

“Communities across the Southeast and the country have been shouldering the costs of PFAS contamination for far too long,” said Kelly Moser, senior attorney and leader of the Water Program at the Southern Environmental Law Center (SELC). “Today’s designations will help put the burden of addressing PFAS pollution back on the polluter. Now states and municipalities must use the tools they have to stop ongoing toxic PFAS pollution before more contaminated Superfund sites are created.”