Missouri Confluence Waterkeeper applauds the EPA’s proposed rule on PFAS in drinking water. The regulation of PFOA and PFOS, two of the most-studied chemicals in the PFAS class, is welcome news to communities throughout Missouri, the Midwest, and the United States who have had their health and their livelihoods damaged by these persistent and toxic “forever chemicals.” Likewise, the addition of a hazard index to limit PFNA, PFHxS, PFBS, and GenX chemicals in drinking water is a welcome addition that acknowledges the uncertainty surrounding how these toxic chemicals interact with each other in the human body. We are particularly encouraged by the fact that EPA chose to set the maximum contaminant levels (MCLs) for PFOA and PFOS at 4 parts per trillion, the lowest level at which these chemicals can be reliably detected with current testing methods.
Waterkeeper also views the regulation of PFNA, PFHxS, PFBS, and GenX as a move toward comprehensive regulation of all PFAS chemicals as a class. Combined with the inclusion of 29 PFAS in EPA’s drinking water monitoring, we believe this indicates a good first step towards regulating these toxic pollutants as a class. Regulation as a class is critical because there is no safe level of PFAS. There are over 9,000 of these toxic chemicals, including over 1,000 in EPA’s Toxic Substances Control Act inventory.
Waterkeeper sincerely hopes that the proposed rule will encourage state agencies and polluters to take PFAS contamination seriously, and act proactively, rather than reactively to EPA regulations. We’ve seen in Missouri and elsewhere that regulated entities are slow to act on regulations to protect their communities from the dangers of PFAS pollution, and that some industries and public utilities would prefer to drag their feet than act in the interest of the public and consumers.
Many industrial users and manufactures of PFAS, as well as other regulated entities have already begun their pushback against these proposed rules, claiming that these limits designed to protect human health are “misguided,” and raise “serious concerns.” While we recognize that it will take enormous resources for drinking water systems to meet these standards once these requirements go into effect in 2027 or 2029, Waterkeeper believes that polluters, industry, and drinking water systems are pointing their fingers at the wrong culprit.
For decades, 3M, DuPont, and other manufacturers and users of PFAS have known that these chemicals were toxic to humans and animals. It should be these polluters’ responsibility to shoulder the costs of removing PFAS from our drinking water and environment. As early as the 1950s, studies by DuPont showed PFAS molecules were present in human blood. Throughout the rest of the 20th Century, these companies tried to conceal the negative health impacts of these toxic chemicals from their employees, consumers, and the federal government. Without this cover-up, action would have been taken much sooner to slow or limit the production of these chemicals, and costs for treatment and removal would be lower. If industrial users and other regulated entities want someone to blame for the cost of providing Americans with safe, clean drinking water, they should look at 3M and DuPont, who ignored the threat these chemicals posed for decades, rather than federal agencies tasked with protecting the health and well-being of Americans.
The forever chemicals crisis is an indictment of our current regulatory processes regarding new chemicals. New chemical substances imported or manufactured in the United States are considered safe until proven otherwise. Companies seeking to manufacture new chemicals are the ones responsible for assessing their potential impacts on human or environmental health. These same chemical companies aggressively lobby EPA’s overworked and understaffed chemicals office, securing approval for many chemicals we now know pose a threat to human health. Once new chemicals are approved, it is virtually impossible to put the genie back in the bottle. This is a fundamentally different approach than other countries use, and it places Americans’ health at risk. The Toxic Substances Control Act (TSCA) and its implementation need serious, wholesale reforms to enable EPA’s Chemical Office to carry out its mandate to assess and regulate new chemicals before they are marketed in the United States.
Lastly, we encourage EPA to continue to fund research that improves methods for identifying these chemicals. EPA’s analysis acknowledges that PFAS are a threat to human health at levels far below what current science allows us to detect. In order to protect communities from this threat, we need testing that can reliably identify these chemicals at concentrations in the fractions of parts per trillion. As always, Waterkeeper is focused on what it takes to ensure all Missourians know that it's safe to drink the water that comes out of their tap. We look forward to continuing to work with EPA and Missouri’s Department of Natural Resources on PFAS, and to further rules that will protect Missourians from PFAS contamination.
Waterkeeper has tested surface waters in north St. Louis County, where we found some of the highest levels of PFAS contamination in a nation-wide survey by Waterkeeper Alliance members. Finally, if you would like to test your tap water, or the creek in your backyard for these chemicals, you can order a test kit from our website.
Charles Miller, Policy Manager
Missouri Confluence Waterkeeper is a member of Waterkeeper Alliance, an international network of over 340 nonprofits on six continents dedicated to defending the human right to fishable, swimmable, drinkable water. Missouri Confluence Waterkeeper works throughout the state of Missouri to protect water through advocacy, organizing, and water quality monitoring. We are particularly focused on contaminants of emerging concern, like PFAS and microplastics. Missouri Confluence Waterkeeper is currently in the midst of a 3-year grant from the Missouri Foundation for Health to sample drinking water in the St. Louis area for these and other contaminants.
