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In a significant environmental move, the U.S. Environmental Protection Agency (EPA) announced this Friday that two notorious "forever chemicals" are now classified as hazardous substances. This landmark decision, pivotal in the realm of environmental legislation, targets a dramatic enhancement of Superfund site remediations and influences numerous development endeavors.

EPA designates 2 forever chemicals as hazardous substances : The Rule's Impact and Scope

The newly published final rule will be incorporated into the Federal Register and positions two per- and polyfluoroalkyl substances (PFAS) — known for their persistent nature in both the human body and the environment — under the scrutiny of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). These chemicals, specifically perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), are the most prevalent in the expansive PFAS family, which includes thousands of compounds.

Through this classification, the EPA gains the authority to initiate investigations and remediations concerning any releases of these chemicals, ensuring that incidents like leaks and spills are promptly reported. Under CERCLA's guidelines, it is also possible for both the government and other entities to seek litigation to recover costs or contribute to the cleanups.

Health Risks and Environmental Damage

The EPA has underscored compelling evidence that both PFOA and PFOS pose significant risks to human health and the environment, linking them to several severe conditions such as cancers, liver and heart diseases, and developmental harms to infants and children.

EPA Administrator Michael Regan emphasized that this ruling aligns with President Joe Biden’s ongoing initiative to combat PFAS contamination across the nation. This follows closely on the heels of the agency establishing the first-ever drinking water standards for PFOA, PFOS, and other PFAS earlier this month.

“By designating these substances under our Superfund authority, we can tackle more contaminated sites, act more swiftly, and accelerate remediation processes while holding the responsible parties accountable for their actions,” Regan stated.

EPA designates 2 forever chemicals as hazardous substances : Reporting and Future Obligations

The regulation mandates immediate reporting of any PFOA and PFOS releases that reach or surpass a designated "reportable quantity" of one pound within a 24-hour timeframe, involving notifications to the National Response Center and relevant state or tribal bodies.

Additional measures will require federal agencies, upon transferring or selling properties, to disclose any storage, release, or disposal of the hazardous chemicals, ensuring that any contamination is addressed or slated for future remediation.

Enforcement and Legislative Responses

Accompanying the rule, the EPA has also rolled out a CERCLA enforcement discretion policy, which clarifies that the agency's enforcement efforts will concentrate on major contributors to PFAS discharges, including manufacturers and industrial users.

Simultaneously, the EPA intends to spare certain parties like farmers, municipal landfills, and local fire departments from CERCLA-related legal actions, provided that equitable considerations suggest exemption.

This development has spurred legislative actions, with two lawmakers proposing a bill to shield public water systems and various municipal entities from bearing the financial burden of PFAS cleanup under CERCLA.

As the EPA forges ahead with these regulatory updates, the decision marks a critical step towards addressing long-standing environmental and public health challenges posed by PFAS contamination.