Advocates laud newly finalized EPA rule to regulate PFAS in drinking water for the first time

The Environmental Protection Agency will begin to formally regulate per- and polyfluoroalkyl substances, or PFAS, in drinking water for the first time ever. (Getty Images)

Environmentalists in West Virginia are feeling relief this week as the federal Environmental Protection Agency will begin to formally regulate what’s commonly referred to as “forever chemicals” in drinking water for the first time ever.

The new EPA rule was released Wednesday and will reduce the exposure to dangerous per- and polyfluoroalkyl substances, or PFAS, for roughly 100 million people nationwide .

In West Virginia, which environmental advocate Quenton King said is “one of many ground zeroes” for PFAS pollution nationwide, the new standards will likely apply to a majority of the state’s public and community water systems as well as privately operated systems like West Virginia American Water. It will not, however, impact the thousands of people who rely on private wells for their drinking water.

“We’re all really excited to see this action because it’s been a long time coming,” said Autumn Crowe, interim executive director for the West Virginia Rivers Coalition. “This was much needed and long overdue for our communities that are faced with pollution and with everything that comes along with it.”

PFAS, called “forever chemicals” because they don’t break down in bodies or the environment, are known carcinogens, and exposure to them has been linked to reproductive health issues, fetal development complications, thyroid diseases, various cancers and more. They also can endanger aquatic life and alter ecosystems where they are present.

The state Department of Health, which oversees the Bureau for Public Health, did not respond to requests for comment for this story.

Last year, in response to a bill passed by the state legislature, the West Virginia Department of Environmental Protection began work to map and identify the level of PFAS in the state’s waterways as well as develop action plans to limit residents’ exposure to them. In September, DEP leaders said that more than 100 water systems in the state reported levels of the newly-regulated substances that exceed limits set in the now-finalized EPA rule. The DEP nor the state Public Service Commission, which oversees drinking water systems, responded to requests for comment.

“I’m really happy to say that for once, because of that law, the Legislature and the state are ahead of the curve here than a lot of other places,” said King, who serves as vice president for the state’s Environmental Council. “A lot of the damage from PFAS has already been done over the last several years and I hope this is a step for future generations to not have to worry so much about their drinking water.”

According to the rule, water systems will have until 2029 to comply with the new maximum contaminant levels, which are legally enforceable. That gives the state roughly three years to finish its sampling for water sources and finalize action plans for systems that are out of compliance to enact.

Through the federal Bipartisan Infrastructure Law, $1 billion in new funding will be available nationwide to assist with PFAS testing and treatment in light of the new rule. It is unclear how exactly that funding will be made available locally, which Crowe said is a concern for West Virginia, where a majority of the state’s water systems are cash-strapped and underfunded.

“That’s a question that we’re going to be seeking an answer to because it’s been difficult for smaller water utilities to capture similar funds at times. No public service district has a grant writer on staff, there isn’t capacity for that,” Crowe said. “We want to make sure that the funds to address PFAS and upgrades are available wherever they’re needed, not just in the places that have the means to apply for them.”

Sandra Fallon, president of the West Virginia Environmental Council, said it’s crucial any monetary burden that comes with the new enforcement and compliance is paid by the companies and industries responsible for the pollution.

“Residents didn’t ask for this pollution, and [industries] have known about the dangers, the health concerns, without telling the public for decades,” Fallon said. “It took decades of activism, pressure from environmentalists, from health groups, from communities to pressure the government to take this step. Across the board this is a huge victory, but it’s also only a first step addressing a large issue.”

In the meantime, as funding sources are still being identified and secured, King said there’s nothing stopping the governor from using portions of the state’s frequently lauded surplus, as well as contingency funds, to aid and accelerate work to confront PFAS pollution.

“What’s the good of all that money if we’re not going to use it?” King asked.

King urged residents to keep pressure on their elected officials not only about the very real danger posed by PFAS, but also on their ability to act and protect communities. It’s possible if there is political will, he said, that congress could vote to overturn the new PFAS regulations, making November’s election — and voting for the candidates who prevail in it — even more critical for public health and the environment.

“There’s a long way to go and it’s important for our leaders to take these health concerns [from PFAS] seriously,” King said. “We live in the shadows of industry and pollution in this state, so we unfortunately accept a lot less than we deserve a lot of the time. This is a chance to make sure future generations don’t have to do the same.”

The post Advocates laud newly finalized EPA rule to regulate PFAS in drinking water for the first time appeared first on West Virginia Watch .