By: Joseph Garza
The Environmental Protection Agency (“EPA”) is proposing a rule to establish legally enforceable levels for six different per- and polyfluoroalkyl substances (“PFAS”) in drinking water.[i] These standards, known as Maximum Containment Levels (“MCLs”), will set the maximum allowable amount of these six PFAS in public drinking water systems throughout the country.
Forever chemicals, scientifically known as per- and polyfluoroalkyl substances (PFAS), have been produced and manufactured in a wide variety of industries since it was first discovered in the 1930s. Litigation and regulatory efforts have been underway for over two decades, arising from the ubiquity and persistence of PFAS and the growing amount of scientific evidence pointing towards PFAS exposure-based health impacts.[1] Characterized by their heat, oil, and water-resistant properties, PFAS are used in products as varied as pizza boxes, make-up, and firefighting foam.[2] The latter has been identified as a potential major source of PFAS contamination in the environment and drinking water–sparking a host of litigation efforts throughout the country.[3]
On September 27, 2018, a federal judicial panel decided to consolidate these cases by creating Multidistrict Litigation (MDL) 2873 set in the United States District Court of South Carolina.[4] MDL-2873 is comprised of over 1800 cases that have common questions of law and fact involving the use of aqueous film-forming foams (AFFFs) and PFAS contamination.[5] These cases generally allege that defendants, mostly major chemical manufacturers, contaminated groundwater with PFAS near various military bases, airports, and other industrial sites with the use of AFFFs.[6]
After years of collecting data that indicate the dangers of per- and poly-fluorinated alkyl substances (PFAS), the U.S. EPA and several of its state counterparts are beginning the regulatory process for these previously unregulated substances. Some state agencies have proposed PFAS legislation that seeks to regulate the substances’ concentration in everyday products and necessities through mechanisms such as drinking water limits, prohibitions on firefighting foam, and the development of groundwater and surface water quality standards.[1] U.S. EPA is still in the research and development phase of providing national recommendations.
PFAS are a group of synthetic chemicals used in manufactured goods such as Teflon, waterproof materials, and firefighting foams.[2] PFAS are ubiquitous, persist in the environment, and bioaccumulate. Studies have found that ninety-seven percent of people have PFAS in their blood stream.[3] Research indicates PFAS exposure negatively impacts human health, from immunological effects to cancer.[4]
Powered by WordPress & Theme by Anders Norén