EPA Report Touts “Unprecedented Progress” in PFAS Contamination Cleanup

Federal regulators say they have made significant progress combating, preventing and treating water contamination caused by per- and polyfluoroalkyl substances (PFAS), which are often referred to as “forever chemicals” and are known to increase the risk of various cancers, as well as other diseases.

The U.S. Environmental Protection Agency (EPA) issued its third annual progress report (PDF) on PFAS contamination cleanup efforts on November 14, indicating that some of its successes over the past year have resulted from new drinking water standards, improvements to water infrastructure nationwide, and efforts to clean up PFAS that had already contaminated drinking water.

PFAS consist of a group of more than 9,000 man-made chemicals, which have been widely used in a number of products over the past few decades, to resist grease, oil and water. However, the chemicals are known to persist in the environment and build up in the human body, causing a number of serious health effects, including kidney cancer, testicular cancer, ulcerative colitis and other serious diseases.

“Communities across the nation are discovering these chemicals in their air, land, and water,” according to the EPA’s introduction to the report, which described PFAS as an urgent threat. “The science is clear: exposure to certain PFAS poses significant risks to human health, including cancer, even at very low levels.”

PFAS Contamination Concerns

The majority of concerns over PFAS exposure have stemmed from water contamination issues caused by their heavy use in aqueous film-forming foam (AFFF), which has been used by military and civilian firefighters to fight fuel-based fires.

For decades these PFAS chemicals have been dumped into the environment and local water supplies, particularly around military facilities, airports and firefighter training locations. This has led to dangerously high levels of the chemicals in drinking water supplies nationwide.

As the public has become more educated and aware of PFAS exposure risks, a growing number of water contamination lawsuits have been filed against 3M Company, DuPont, Chemguard Inc., Tyco Fire Products and other chemical manufacturing companies, including claims brought by local water providers left with the costs associated with cleaning up PFAS, as well as personal injury claims brought by individuals diagnosed with cancer after drinking contaminated water. The companies also face hundreds of firefighter cancer lawsuits, and evidence uncovered during litigation has further heightened concerns about the long-term risks associated with use of the chemicals.

Three years ago, with the entrance of the Biden administration, the EPA created a PFAS Strategic Roadmap, which focused on strategies the EPA planned to use to help protect communities from PFAS contamination.

“The Biden-Harris Administration has since taken unprecedented steps to develop the science, implement strong standards, and invest billions into solutions to protect all Americans from these forever chemicals,” EPA Administrator Michael S. Regan said in a press release issued together with the report. “Our actions are making a difference in communities across America, and especially in those that have been overburdened by pollution for far too long.”

The press release notes that the EPA considers PFAS to be an “urgent threat to public health and the environment,” and touts several accomplishments this year, and over the last three years since the strategic plan was created.

EPA PFAS Cleanup and Prevention Measures

On April 10 of this year, the EPA announced the first ever national PFAS drinking water standards, which set enforceable limits for five different types of commonly used forever chemicals. The agency estimates that the new limits will need to be addressed by between 6% and 10% of the U.S.’s 66,000 public drinking water systems.

All such systems will have three years to complete initial monitoring and must inform the public of the levels of PFAS contamination detected. When PFAS are detected above the maximum containment levels, the system will have five years to reduce those levels to meet EPA standards.

The administration also pledged $10 billion to support PFAS remediation efforts as part of the Bipartisan Infrastructure Law, added some PFAS to the Superfund program, banned certain unused PFAS from re-entering the market, and has initiated national enforcement and compliance efforts, according to the report.

However, the EPA is not the only agency working on the PFAS strategic plan. In February, the U.S. Food and Drug Administration (FDA) announced a ban on PFAS chemicals in U.S. food packaging, eliminating one potential source of exposure for Americans.

“The progress the Biden-Harris Administration has made to protect communities from PFAS pollution is unprecedented,” the report states. “EPA will continue to move with urgency to develop the science and research related to PFAS, partner with states, Tribes, and local leaders to implement funding and solutions, and set and update strong standards to ensure all Americans are safe from potential contamination.”

PFAS Exposure Lawsuits

The thousands of PFAS injury and exposure lawsuits filed against chemical manufacturers in the federal court system have been consolidated under U.S. District Judge Richard M. Gergel in South Carolina, to reduce duplicative discovery and avoid conflicting pretrial rulings.

As part of the coordinated management of the litigation, a small group of early PFAS contamination lawsuits are being prepared for trial dates starting in 2025, involving claims that individuals developed testicular cancer, kidney cancer, liver cancer, thyroid cancer, thyroid disease and ulcerative colitis, after drinking water known to be contaminated with high levels of the chemicals.

While the outcome of these early trial dates will not have any binding impact on other claims being pursued throughout the federal court system, they are designed to help gauge how juries may respond to certain evidence and testimony that will be repeated throughout the litigation.