In a significant move to safeguard public health, the Biden-Harris Administration has taken decisive action to address the dangers posed by per-and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals.” The U.S. Environmental Protection Agency (EPA) has implemented several measures under its PFAS Strategic Roadmap, aiming to mitigate PFAS contamination, hold polluters accountable, and advance environmental justice. This comprehensive approach addresses the widespread and long-lasting presence of PFAS in the environment, particularly in disadvantaged communities.
In April 2024, the EPA finalized the first-ever national legally enforceable drinking water standards. The National Primary Drinking Water Regulation (NPDWR) is expected to protect approximately 100 million people from PFAS exposure, prevent thousands of serious illnesses, and save lives. This initiative aligns with the Biden-Harris Administration’s commitment to combating PFAS pollution and ensuring access to clean water.
President Biden’s Bipartisan Infrastructure Law has earmarked $10 billion to tackle PFAS and other emerging contaminants in water. This funding includes $9 billion for drinking water and $1 billion for clean water investments. Additionally, $12 billion from the law supports general drinking water initiatives, including PFAS treatment. These investments are part of the Justice40 Initiative, designed to ensure that 40% of the overall benefits of certain federal investments flow to disadvantaged communities, thereby promoting environmental justice.
In a critical regulatory step, the EPA designated two widely used PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. This designation enhances transparency and accountability, facilitating the cleanup of PFAS contamination. The EPA also issued a CERCLA enforcement discretion policy, prioritizing action against parties significantly contributing to PFAS pollution.
To improve PFAS management, the EPA released an updated Interim Guidance in April 2024. This guidance outlines the latest scientific techniques and treatments for destroying or disposing of PFAS and PFAS-containing materials from non-consumer products, such as aqueous film-forming foam (AFFF) used in firefighting.
In January 2024, the EPA finalized a rule preventing companies from starting or resuming the manufacture or processing of 329 PFAS. Additionally, the EPA introduced three methods for better measuring PFAS in the environment and added seven PFAS to the Toxics Release Inventory (TRI), following the Fiscal Year 2020 National Defense Authorization Act.
On July 26, the EPA and the U.S. Army announced a collaborative project to sample and test private drinking water wells near Army installations for PFAS. This initiative, part of a national implementation, aims to inform remedial actions if PFAS is detected in drinking water, addressing potential contamination affecting nearby residents. The project initially targets nine installations, possibly expanding to additional locations based on initial results.
The installations scheduled for sampling under the program are:
"PFAS pose significant risks to drinking water supplies and public health, which is why the EPA and the Army are testing water from wells in communities near Army installations to determine if these dangerous forever chemicals are polluting drinking water," stated David M. Uhlmann, EPA’s Assistant Administrator for Enforcement and Compliance Assurance. He emphasized the importance of providing military members, their families, and surrounding communities with access to clean, safe drinking water.
Rachel Jacobson, Assistant Secretary of the Army for Installations, Energy, and Environment, highlighted the Army's comprehensive program initiated in 2017 to identify potential PFAS releases. She acknowledged the collaboration with the EPA as critical for evaluating and mitigating PFAS impacts on neighboring communities.
If PFAS is found in groundwater or drinking water above the new Maximum Contaminant Levels (MCLs) set by the EPA, the Army will work with the EPA and state regulators to assess necessary actions to mitigate exposure. The EPA and the Army will continue to share information and update their respective PFAS websites as new data becomes available.
