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"It is the most consequential decision to regulate drinking water in 30 years," said Environmental Working Group president Ken Cook.
The U.S. Environmental Protection Agency on Wednesday finalized the country's first-ever national limits on "forever chemicals" in drinking water, a move that advocates welcomed as a critical step toward protecting tens of millions of people from exposure to pervasive toxic compounds that have been linked to a range of health problems—including cancer and reproductive issues.
The EPA estimates its new standards for per-and polyfluoroalkyl substances (PFAS), which can take thousands of years to break down, would reduce exposure for around 100 million people and prevent thousands of deaths. Utility groups are expected to challenge the finalized limits in court, claiming they would be too burdensome to implement.
The new rule would require water utilities to monitor and, if necessary, reduce the levels of two forms of PFAS—known as PFOS and PFOA—to keep them in line with or below a maximum contaminant level of 4 parts per trillion. The agency set the maximum contaminant level for PFNA, PFHxS, and other compounds known as "GenX chemicals" at 10 parts per trillion.
The EPA's limits are not as bold as those recommended by scientists and green groups, including the Environmental Working Group (EWG), which nevertheless praised the finalized standards as essential progress. EWG has endorsed a 1 part per trillion PFAS limit for drinking water.
"More than 200 million Americans could have PFAS in their tap water and for decades Americans have been exposed to toxic 'forever chemicals' with no oversight from their government," EWG president Ken Cook said Wednesday. "That's because for generations, PFAS chemicals slid off of every federal environmental law like a fried egg off a Teflon pan—until Joe Biden came along."
"Today's announcement of robust, health-protective legal limits on PFAS in tap water will finally give tens of millions of Americans the protection they should have had decades ago," Cook said. "It is the most consequential decision to regulate drinking water in 30 years."
"It has taken far too long to get to this point, but the scientific facts and truth about the health threat posed by these man-made poisons have finally prevailed over the decades of corporate cover-ups."
Recent research has shed light on how ubiquitous PFAS have become: They've been detected, often in alarmingly high amounts, in groundwater, soil, food, and common household products such as toilet paper and dental floss.
In the face of such evidence, the EPA has been accused of dragging its feet on imposing strict limits on PFAS, underestimating their levels in U.S. drinking water, and withholding key data about the compounds, which at least 11 states have moved to regulate in the absence of federal action.
Rob Bilott, an attorney who has worked for decades to uncover how DuPont and other companies exposed U.S. communities to toxic contaminants, said Wednesday that "it has taken far too long to get to this point, but the scientific facts and truth about the health threat posed by these man-made poisons have finally prevailed over the decades of corporate cover-ups and misinformation campaigns designed to mislead the public and to delay action to protect public health."
"Today we celebrate a huge—and long overdue—victory for public health in this country," said Bilott. "The EPA is finally moving forward to protect drinking water across the United States by adopting federally enforceable limits on some of the most toxic, persistent, and bioaccumulative chemicals ever found in our nation's drinking water supply."
"When big corporations pollute or consume huge amounts of water, communities pay the price in empty wells, more costly water bills, and contaminated and undrinkable water sources," one advocate said.
Only around a quarter of the most influential food and agricultural companies in the world have promised to reduce their water usage and decrease water pollution, Oxfam reported Thursday.
Oxfam's analysis comes a day before the United Nations' World Water Day on March 22. It points out that, according to U.N. figures, 2 billion people cannot reliably access safe drinking water, yet a full 70% of fresh water withdrawals go to agriculture.
"When big corporations pollute or consume huge amounts of water, communities pay the price in empty wells, more costly water bills, and contaminated and undrinkable water sources," Oxfam France executive director Cécile Duflot said in a statement. "Less water means more hunger, more disease, and more people forced to leave their homes."
"We clearly can't rely on corporations' goodwill to change their practices—governments must force them to clean up their act, and protect shared public goods over thirst for profit."
Oxfam's analysis was based on data on the 350 most influential food and agricultural companies from the World Benchmarking Alliance. These include agricultural companies like Bayer, Cargill, and Tyson; food and beverage makers like Nestlé, Coca-Cola, and PepsiCo; major retailers like Walmart, Kroger, and Carrefour; and restaurants like McDonald's and Starbucks.
Oxfam found that only 28% of these companies had plans to reduce water use, and only 23% had plans to curb water pollution. At the same time, less than half of the companies—108 out of 350—even reported how much water they took from water-stressed locations.
Water scarcity is a major impediment to global well-being, with the climate crisis already exacerbating the problem. Currently, around half of all people on Earth experience severe water scarcity for at least one month each year, according to the Intergovernmental Panel on Climate Change. In northern Kenya, southern Ethiopia, and parts of Somalia, Oxfam found that as many as 90% of water boreholes had evaporated in 2023. Further, 1 in 5 people in the region did not have access to sufficient safe drinking water. World Weather Attribution concluded that the drought in the Horn of Africa was made more severe because of the climate crisis, and that similar droughts were 100 times more likely because of global heating.
Despite climate-driven extreme weather events that put increased strain on water resources, major companies have not changed their business models. For example, the bottling and re-selling of water is a common corporate practice that, according to the U.N., impedes the sustainable development goal (SDG6) of ensuring safe drinking water for all.
In May 2023, Oxfam pointed out, a drought in France's department of Puy-de-Dôme prompted authorities to restrict the water use of its thousands of residents for two months. However, Danone-subsidiary the Société des Eaux de Volvic was still permitted to extract unrestricted amounts of groundwater during the drought for its bottling plant. That year, Danone amassed €881 million ($956 million) in profits and rewarded shareholders to the tune of €1,238 million ($1,344 million).
"We clearly can't rely on corporations' goodwill to change their practices—governments must force them to clean up their act, and protect shared public goods over thirst for profit," Duflot said.
To ensure water justice, Oxfam said that governments should treat water as a human right; enforce consequences for companies when they violate environmental or human rights laws; and invest in water, sanitation, and hygiene services.
Biden has made important progress; now, he needs to continue this progress and finalize vital rules in the next several months.
The clock is ticking on President Joe Biden’s first term. The administration has made progress on several regulations that would defend our health, economic well-being, and environment. But these regulations would be right in the crosshairs of a second Trump administration, in the dire event he returns to the White House in 2025.
Under the Congressional Review Act, Congress can more easily overturn regulations passed by the president in the previous 60 legislative days. It would just need presidential approval. That means, with former President Donald Trump in charge, we could see swift rollbacks of anything Biden finalizes after May of this year.
Ahead of November’s elections, we need to prepare for any outcome.
These next few months must be a sprint for his administration. Despite setbacks and missteps, Biden has taken massive strides to protect our food, water, and climate. To fortify this progress, the administration needs to move fast. These four things should be at the top of its to-do list.
PFAS, a class of toxic chemicals, pose one of the most widespread public health threats of today. For decades, corporations made and sold PFAS while knowing the harms, with hardly a slap on the wrist.
So far, Biden’s Environmental Protection Agency (EPA) has proposed several measures to address this crisis. It proposed enforceable drinking water limits for two of the oldest and most common PFAS, PFOA and PFOS, as well as four other forms of PFAS.
It also proposed designating PFOA and PFOS as “hazardous substances” under the Superfund program. This would allow the EPA to direct polluters to clean up their messes and pay for it—insulating everyday people from picking up the tab. Companies must be held accountable, and these rules, when finalized, would be an important first step.
One of our bedrock environmental laws is the National Environmental Policy Act (NEPA). This law directs agencies to consider environmental impacts and frontline community voices when deciding whether to permit a new project.
In 2020, Trump gutted NEPA. His rules sidelined community participation and removed important factors, like climate, in agency assessments.
Thankfully, Biden began working to roll back Trump’s changes in 2021. Notably, the first new rule includes provisions that restore the act’s definition of “indirect” and “cumulative” impacts, allowing agencies to examine the full consequences of proposed projects. The second, currently under review, cements environmental justice as a key consideration for agency assessments.
In order to lift up community voices, defend environmental justice, and protect the climate, Biden needs to finalize this rule.
In our meat industry, just a handful of processing companies reign supreme. Because of this, many farmers have no choice but to sell to Big Meat. That has allowed these companies to dictate prices, labor conditions, supply chains, and more—and they’ll do almost anything to cut costs, even at the expense of families, farmers, and workers.
The Packers & Stockyards Act was passed more than 100 years ago to prevent this, but weak rules and enforcement have enabled Big Meat’s abuses to grow.
The Biden administration announced in 2021 that it would release new rules to strengthen the act and rein in the meat giants. However, it has finalized only one rule so far, requiring basic transparency from poultry giants to the farmers contracted to grow their chickens. Three more rules are at various stages, and each is critical to restoring competition and protecting farmers.
Last fall, the Biden administration announced groundbreaking rules that finally start to address our country’s lead-in-water crisis. For decades, communities across the country have been plagued by lead pipes that leach the toxic heavy metal into their drinking water.
Biden’s new rules set a deadline for most cities to replace lead service lines in the next 10 years. They also ban most partial lead service line replacements, which can actually increase lead levels in drinking water.
To protect our water and our health, Biden must finalize these rules ASAP and go further. He needs to pair them with funding to make sure low-income families don’t bear the cost of these replacements and include measures that ensure lead pipes aren’t replaced by PVC plastic, another toxic material.
Biden has made important progress in protecting our food, water, and climate. Now, he needs to continue this progress and finalize vital rules in the next several months.
Ahead of November’s elections, we need to prepare for any outcome. And we know that Trump is terrible on our issues. In his last term, he plowed through our regulatory system, gutting protections for our families and our planet. Currently, his allies and advisers are scheming toward even more rollbacks and cuts in a prospective second term.
To prevent this from happening again, we need every defense possible. And that means Biden must keep his promises and finish what he started.