We’ve known about the issues with PFAS chemicals for decades. So, it’s great news that we now finally have an Environmental Protection Agency (EPA) PFAS limit, since the EPA has finalized limits on PFAS contamination of drinking water. In addition to the new finalized limits, $1 billion of funding, from $9 billion which was set aside in 2021 in order to address PFAS in water, has been made available to help states as well as territories implement PFAS testing as well as treatment regarding public water, as well as to help private well owners address contamination by PFAS.
According to EPA Administrator Michael Regan, the new action will reduce PFAS exposure for around 100 million Americans, making them safer and healthier.
At least 45 percent of the tap water in the United States is estimated to be contaminated by the toxic chemicals known as PFAS, according to a U.S. geological survey. The survey found that the most commonly detected chemicals in drinking water were PFOA, PFHxS and PFBS.
What Are ‘Forever Chemicals?’
Per- and polyfluoroalkyl substances (PFAS), otherwise known as “forever chemicals,” are chemicals composed of numerous fluorine atoms attached to alkyl chains. The chemicals started seeing use in the mid 1950’s in products which resist water, grease, stains, oil and heat.
The chemicals are used on products such as nonstick cooking surfaces, electrical wire insulation, food packaging, adhesives, furniture and waterproof clothing.
The chemicals are known as “forever chemicals” because they don’t break down due to natural processes. The chemicals move through soil, contaminate drinking water and can bioaccumulate in living beings, including fish, wildlife and humans.
The chemicals can be found in:
- Drinking water
- Water and soil near or at waste sites
- Firefighting foam
- Chemical production or manufacturing facilities which use or produce PFAS
- Food
- Food packaging
- Dust and household products
- Personal care products
- Biosolids
The Dangers of PFAS
Over 200 million Americans may suffer from PFAS exposure to forever chemicals in drinking water, according to Environmental Working Group.
PFAS chemicals have been linked with numerous illnesses, including serious illnesses, according to the Agency for Toxic Substances and Disease Registry, including:
- An increased risk of developing some cancers, such as kidney and testicular
- An increased risk of high blood pressure or preeclampsia in pregnant women
- Changes in response to vaccines and the immune system
- Infant birth weight changes
- Changes in liver enzyme and cholesterol levels
In addition, PFAS chemicals have been linked with thyroid cancer, thyroid disease and ulcerative colitis.
What Do the New Limits Entail?
The EPA estimates that the new PFAS limits will prevent tens of thousands of severe illnesses and thousands of deaths by reducing PFAS pollution in water systems.
The Environmental Protection Agency announced the following limits:
- For PFOS and PFOA, the EPA will set a non-enforceable health-based goal known as a Maximum Contaminant Level Goal of zero, reflecting up-to-date science demonstrating that no safe level of exposure exists to these contaminants without risking health impacts such as cancer.
- The EPA will set Maximum Contaminant Levels to 4 ppt for PFOS and PFOA, which will reduce exposure to these PFAS chemicals in drinking water to the levels which are the lowest possible levels which are feasible to be implemented effectively.
- The EPA will set the MCLGs and MCLs for GenX chemicals, PFHxS and PFNA to 10 ppt.
- The EPA will set a limit for mixtures of two or more of the following chemicals: GenX chemicals, PFBS, PFHxS, PFNA.
How This Will Impact Our Public Water
Public water systems which are not already monitoring for PFAS chemicals in the water will be given three years in order to complete initial PFAS chemical monitoring. The water systems will need to tell the public how much PFAS chemicals are in drinking water. When PFAS chemicals are found in levels which exceed the new limits, the water systems will need to implement solutions which will reduce the amount of PFAS chemicals in the drinking water within five years.
It is estimated by the EPA that from 6 to 10 percent of the 66,000 public water systems subject to the new limits might need to take action in order to reduce PFAS levels in order to meet the new limits.
How Will This Impact My State?
Some states may be impacted more than others because some states have already implemented actions to reduce PFAS chemicals. States which have not may be impacted more than states which have.
280 policies have been introduced in 34 states in order to protect people from PFAS chemicals, and 142 policies have gotten adopted in 28 states.
Eleven states have standards like Maximum Contaminant Levels for PFAS chemicals in drinking water: WI, WA, VT, RI, PA, NY, NJ, NH, MI, MA and ME. Virginia and Delaware have also begun the process of coming up with standards for PFAS chemicals.
Twelve states have adopted notification, health advisory or guidance levels for PFAS chemicals: OR, OH, NM, NC, MN, MD, IL, HI, CO, CT, CA and AK.
Why This Legislation is Important
PFAS chemicals have been contaminating our country at an increasingly alarming rate. The latest data shows that 5,021 American locations are known to have PFAS contamination.
While we’ve known about the dangers of PFAS for decades, this is the first real big success we’ve had with limiting exposure in our country.
Who Is Responsible for PFAS Contamination?
The main sources of PFAS contamination of drinking water are:
Manufacturers
Studies by 3M going back as far as the 1950’s have shown that PFAS can contaminate our blood. By the 60’s, DuPont and 3M’s animal studies demonstrated PFAS chemicals represented health hazards. Both companies, during the 1980s, linked the chemicals with cancer and knew their workers had elevated cancer rates, but kept these things a secret.
3M and DuPont have both been responsible for PFAS contamination of drinking water. In addition, Chemours, a DuPont spinoff, has also been responsible.
Industrial Discharge
At least 475 facilities involved in industry might be discharging PFAS chemicals into the environment. However, no restrictions currently exist on industrial discharges of PFAS chemicals under the Clean Air Act or Clean Water Act.
The Millitary
The Defense Department, despite being aware of the hazards associated with AFFF firefighting foam which contains PFAS chemicals, has continued to use the foam for decades, an is now fighting against efforts to clean up its pollution. Drinking water has been contaminated at and near many military sites where AFFF firefighting foam was used.
When to Contact a Hazardous Exposure Lawyer
You should contact an experienced hazardous exposure lawyer if you or a loved one have been exposed to PFAS chemicals and have developed any of the following conditions:
- Testicular cancer
- Thyroid cancer
- Kidney cancer
- Thyroid disease
- Ulcerative colitis
If you or a loved one have developed any of the above conditions after being exposed to PFAS chemicals, we can help you recover financial compensation for medical bills, lost wages, loss of earning capacity, pain, suffering, wrongful death and more.
We will handle your PFAS case on a contingency fee basis, meaning you won’t be charged any fee until and unless we recover financial compensation for you – our only fee is a percentage of any compensation we recover.
If you can’t afford to have your illness treated, we can get you to doctors who will treat you without charging you until your case is over. Doctors do this for our sick clients because they know we get great results for our clients.
Contact us today for a free consultation. Remember – we won’t charge a fee until and unless we win your PFAS case.
Jeffrey Nadrich
Jeffrey Nadrich is a nationally-recognized California plaintiff’s personal injury attorney. He is a graduate of UC Berkeley and UC Hastings College of the Law. He has successfully represented thousands of injury clients over the last 40 years.
