US agency sparks backlash with controversial move that could endanger drinking water supply: 'Alarming'

The U.S. Environmental Protection Agency made an effort recently to loosen drinking water standards related to harmful forever chemicals, as detailed by the Natural Resources Defense Council (NRDC). 

What's happening?

As the NRDC noted, the EPA filed a motion on Sept. 11 asking the D.C. Circuit Court of Appeals to vacate the drinking water standards for four PFAS chemicals (aka "forever chemicals"): PFNA, PFHxS, GenX, and PFBS. Bloomberg Law similarly reported that the motion constituted a partial rollback of limits on forever chemicals in drinking water. 

The EPA cited procedural issues with the original rulemaking process for these PFAS as the reason for its request. A number of environmental groups, including the NRDC, had previously sued the agency in an effort to protect the country's vulnerable water sources. 

According to a Sept. 17 release focused on two other classes of forever chemicals — PFOA and PFOS — EPA Administrator Lee Zeldin said that the agency is seeking to address the "broad, retroactive, and potentially costly strict liability" that certain entities face regarding the release of hazardous substances. On this date, the EPA stated that the Department of Justice had submitted a follow-up court filing on its behalf "related to the designation of PFOA and PFOS" as hazardous substances — and that "at this time" the agency would be retaining and reviewing the rules for these other classes of forever chemicals.

"When it comes to PFOA and PFOS contamination, holding polluters accountable while providing certainty for passive receivers that did not manufacture or generate those chemicals continues to be an ongoing challenge," Zeldin said in the statement. 

The NRDC has argued that the EPA's proposed moves to weaken PFAS rules would violate the Safe Drinking Water Act, particularly the anti-backsliding provision that prevents the agency from weakening an existing drinking water standard that has already been established. In a nutshell, that provision ensures that revisions to drinking water standards must be at the same level or greater than current regulations — that "any revision shall maintain, or provide for greater, protection of the health of persons."

Why is safe drinking water important?

Katherine O'Brien, an attorney with Earthjustice, accused Zeldin of failing to act in the best interest of communities nationwide. "Administrator Zeldin promised to protect the American people from PFAS-contaminated drinking water, but he's doing the opposite," O'Brien said. "Zeldin's plan to delay and roll back the first national limits on these forever chemicals prioritizes chemical industry profits and utility companies' bottom line over the health of children and families across the country."

The EPA has previously disclosed that research is ongoing into PFAS and the potential dangers they pose to drinking water supplies. Researchers have suggested that exposure to certain PFAS in drinking water can lead to a range of health issues, including elevated cholesterol levels, liver damage, and increased risk of thyroid disease and certain cancers like kidney and testicular cancer.

What's being done about the EPA's motion to lower standards?

Jared Thompson, a senior attorney with the NRDC, detailed the severity of the EPA's motion — and a response. "The EPA's request to jettison rules intended to keep drinking water safe from toxic PFAS forever chemicals is an attempted end-run around the protections that Congress placed in the Safe Drinking Water Act," Thompson said.  

Thompson warned that the loosening of drinking water standards could have devastating side effects for millions of Americans. "It is also alarming, given what we know about the health harms caused by exposure to these chemicals. No one wants to drink PFAS. We will continue to defend these commonsense, lawfully enacted standards in court," added Thompson.

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