In a significant move to address the growing concerns over PFAS contamination, the Environmental Protection Agency (EPA) has designated two PFAS chemicals, PFOS and PFOA, as "hazardous substances" under the government's Superfund law. This designation empowers federal regulators to hold responsible parties accountable for the cleanup of these toxic and persistent "forever chemicals."

The EPA highlighted the particularly harmful nature of PFOS and PFOA, emphasizing that there is no safe level of exposure to these contaminants. The decision, announced on Friday, comes as various communities in Massachusetts grapple with substantial costs to remove PFAS from drinking water sources.

Among those expected to be held accountable for PFAS contamination are companies involved in manufacturing or using PFAS in their processes, federal facilities, and other industrial parties. However, the EPA clarified that unintentional polluters such as farmers, water utilities, airports, and fire departments will not be subject to legal action for inadvertently contributing to the pollution of drinking water supplies through the use of PFAS-laden products.

The exemption of water and wastewater utilities from liability for PFAS contamination came as a relief to local water systems, which had expressed concerns about potential financial burdens associated with the presence of PFAS in wastewater. While the policy clarifies that utilities are passive receivers of these substances, industry groups are still pursuing a statutory exemption to safeguard against any future liability.

In addition to holding responsible parties accountable, the EPA has the authority to compel the Department of Defense (DOD) to address PFAS pollution at military bases, historically significant sources of PFAS contamination. Notably, PFAS chemicals from a fire training site at Joint Base Cape Cod continue to leach into groundwater long after training activities concluded. The DOD is currently engaged in a large-scale cleanup operation at the base.

The EPA's designation of PFOS and PFOA as hazardous substances also enables the agency to utilize funds for emergency actions, including providing safe drinking water to highly contaminated communities. Moreover, federal environmental regulators will now have the ability to sue responsible parties to recover the costs incurred during cleanup efforts.

Commenting on the significance of the EPA's decision, regional administrator David Cash stated, "Communities can start breathing a sigh of relief that the federal government, with their state partners, will be stepping up to make their water cleaner, their land cleaner, and their air cleaner."

Bryan Olson, the EPA's director of the Superfund and emergency management division for New England, expressed a sense of relief at finally having the authority to order responsible parties to take action. He acknowledged previous frustrations due to the lack of federal rules surrounding PFAS.

While the designation of PFOS and PFOA as hazardous substances is a notable step forward, financial relief for impacted communities is not expected to be immediate. Jennifer Pederson, executive director of the Massachusetts Water Works Association, cautioned that ratepayers would likely shoulder the costs of system design and construction to remove PFAS contamination. However, there is hope that future funding may retroactively cover some of these expenses.

Environmental advocates have welcomed the EPA's decision but have highlighted the need for more stringent regulations. Dana Colihan, co-executive director of Slingshot, an environmental health advocacy group, emphasized the importance of the action, particularly for low-income communities and communities of color who are disproportionately affected by PFAS contamination. Colihan further stressed the need for the EPA to list all PFAS chemicals as a class under the Superfund program, considering the existence of over 14,000 PFAS compounds.

PFAS chemicals, which have been used in a wide range of products since the early 20th century, including waterproof jackets and firefighting foam, pose a significant challenge due to their persistence in the environment. These "forever chemicals" do not break down easily and have become widespread in ground and surface waters in Massachusetts, as well as in fertilizer produced from sewage sludge.

The EPA's designation of PFOS and PFOA as hazardous substances marks an important step in addressing PFAS contamination and ensuring accountability for cleanup efforts. However, ongoing efforts to strengthen regulations and provide financial assistance to impacted communities remain paramount in combating the widespread presence of these persistent and harmful chemicals.