EPA Rolls Back “Forever Chemicals” Limits in Drinking Water

The Environmental Protection Agency (EPA) has announced a significant shift in its approach to regulating “forever chemicals” in drinking water, a move that is sure to send shockwaves through the water, sanitation, and drainage sector. The agency plans to weaken limits on certain types of perfluoroalkyl and polyfluoroalkyl substances (PFAS), while maintaining standards for two common ones, PFOA and PFOS. This decision comes just a year after the Biden administration set the first federal drinking water limits for these chemicals, which are linked to serious health risks including cardiovascular disease, certain cancers, and low birth weight in infants.

The EPA’s about-face includes scrapping limits on three types of PFAS, including GenX substances found in North Carolina, and a limit on a mixture of several types of PFAS. The agency will keep the standards for PFOA and PFOS at 4 parts per trillion, but will grant utilities two extra years—until 2031—to comply. EPA Administrator Lee Zeldin framed this as a move to provide “common-sense flexibility,” but critics see it as a significant rollback.

The decision aligns with arguments made by water utilities, which have pushed back against the stringent limits, citing the high cost of treatment systems and the potential impact on customers’ bills. The utilities have even sued the EPA, arguing that the agency lacked authority to regulate a mixture of PFAS and that it didn’t properly support limits on several newer types of PFAS. The EPA’s actions seem to be a response to these legal challenges, but they have not gone uncriticized.

Erik Olson, a senior strategist at the Natural Resources Defense Council, called the move illegal, arguing that it violates the Safe Water Drinking Act, which includes a provision to prevent new rules from being looser than previous ones. Olson’s criticism is part of a broader backlash from environmental groups, who see the rollback as a betrayal of the Biden administration’s promise to deliver clean water for Americans.

The EPA’s decision is likely to have far-reaching implications for the water sector. Utilities that have been scrambling to comply with the original limits may now have more breathing room, but they will still face significant costs. The Biden administration’s rule was estimated to cost about $1.5 billion to implement each year, and that’s on top of recent mandates to replace lead pipes. Small communities, in particular, may struggle with these costs and the expertise required to comply.

The rollback also raises questions about the EPA’s commitment to protecting public health. PFAS are known to accumulate in the body and evidence of harm at lower levels has been mounting. By weakening the limits on certain types of PFAS, the EPA is essentially giving utilities more time to address the chemicals that are known to be harmful, while potentially delaying action on newer, less-studied types.

This decision is likely to spark debate and potentially more legal challenges. Environmental groups may file lawsuits to challenge the rollback, while utilities might continue to push for higher limits on PFOA and PFOS. The water sector is at a crossroads, and the EPA’s decision could shape the future of water quality regulation for years to come. As the dust settles, one thing is clear: the fight over “forever chemicals” is far from over.

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