An Environmental Protection Agency rule that would have limited the amount of PFAS, or per- and polyfluoroalkyl substances, that companies can discharge into waterways has been withdrawn following a regulatory freeze from newly-elected President Donald Trump on his first day in office.
The proposed rule would have added “forever chemicals” to a list of chemicals that manufacturers, such as Chemours, must limit in their wastewater discharges.
“PFAS manufacturer wastewater discharges contain measurable levels of PFAS and there currently are no national limitations on wastewater discharges of PFAS from these facilities,” the rule states. “This rulemaking looks to limit the amount of PFAS discharged from PFAS manufacturing facilities, both directly into surface water and indirectly via Publicly Owned Treatment Works.”
The proposed rule previously appeared on the White House’s Office of Management and Budget’s as under review, but is no longer listed there.
While regulatory freezes are a standard practice for incoming administrations, the abrupt withdrawal of the unprecedented rule to regulate polluters’ discharge of PFAS has raised alarm bells for environmental rights groups. Melanie Benesh, vice president for government affairs at the Environmental Working Group, called the rule’s withdrawal a “devastating setback” in efforts to protect vulnerable communities from PFAS pollution. She emphasized that the rule’s delay could thwart state efforts to regulate PFAS as state regulators wait on the federal government for guidance.
“This move not only delays establishing critical federal standards but also sends a dangerous message giving polluters a green light to continue poisoning our water and communities without fear of consequence,” Benesh said in a statement.
With uncertainty surrounding the federal government’s willingness to regulate PFAS, the Southern Environmental Law Center (SELC) emphasized that states have the ability to stop PFAS pollution at the source through the permitting process. This month, the EPA released a step-by-step guide for states that outlines actions states can take to regulate PFAS.
“EPA has given state agencies a step-by-step roadmap to immediately begin controlling all industrial sources of toxic PFAS pollution,” SELC senior attorney Jean Zhuang said in a statement. “It reinforces that states can protect communities now by requiring industries to treat their own PFAS pollution so that these forever chemicals do not end up in our rivers and drinking water in the first place.”
Contact Evey Weisblat at eweisblat@cityviewnc.com or 216-527-3608. This story was made possible by donations from readers like you to CityView News Fund, a 501(c)(3) charitable organization committed to an informed democracy in Fayetteville and Cumberland County.
