“Forever Chemicals”: The New Environmental Issue Impacting Everyone
In October 2022, the federal Clean Water Act turned 50. Over the past five decades, programs authorized under the statute, such as those related to wastewater and stormwater, have undoubtedly improved the quality of our nation’s waters. Complementing the Clean Water Act is the federal Safe Drinking Water Act which, itself, will turn 50 in 2024. The chief objective of the Safe Drinking Water Act is to ensure the safety of our nation’s drinking water delivered by public water systems. Taken together, these two laws protect our water resources for a wide array of purposes, including drinking, fishing, and recreation. One of the issues under both statutes that has received significant national attention recently involves per-and polyfluoroalkyl substances, also referred to as PFAS or “forever chemicals.”
Why “forever chemicals?”
The answer is fairly straightforward – PFAS are very persistent in the environment and, according to studies, do not degrade in the environment.
“Forever chemicals” have been manufactured since around the 1940s. Studies determining how humans are exposed to PFAS and the impact on human health have been widely reported in the mainstream media. Exposure to “forever chemicals” could be through multiple sources, including drinking water, food, food packaging and fabrics. Federal government agencies, such as the United States Environmental Protection Agency (“EPA”), and many states have embarked upon various programs to address PFAS and the impact on human health and the environment. In Pennsylvania, the Department of Environmental Protection is in the process of finalizing a state water quality regulation to address certain PFAS chemicals in drinking water. This regulation sets stringent limits on the level of certain PFAS chemicals permitted in public water system provided drinking water and addresses related issues such as the expected cost to meet such limits. The EPA is also developing a similar drinking water regulation at the federal level, along with other regulations or programs to address PFAS discharges through wastewater treatment plants to our nation’s waters and the land disposal of sludge/biosolids containing PFAS.
The wide-ranging programs being developed at the federal and state levels to address these “forever chemicals” in various environmental media bear close watching by the general public, including by the regulated community (e.g. public water systems, wastewater treatment plants) and owners of property where PFAS chemicals may have been or will be disposed, and those responsible for the disposal. We will watch these developments closely. If you have any questions or would like to further discuss the issue of “forever chemicals,” please contact Steve Hann at 215-661-0400.