The National Association of Manufacturers (NAM) has partnered with the American Chemistry Council (ACC) to challenge a recent environmental rule. The two organizations jointly field a petition in the D.C. Circuit Court of Appeals in an effort to stop the Environmental Protection Agency’s (EPA) national, legally enforceable drinking water standard. This standard is designed to reduce exposure to per-and polyfluoroalkyl substances (PFAS). You can read the petition here.

In a recent quote, NAM Chief Legal Officer Linda Kelly said, “Manufacturers support commonsense regulations on PFAS that recognize the criticality of these substances across several industrial sectors—for many of these critical applications, there are no viable alternatives. What the EPA did, however, was to bulldoze ahead with standards that set an acceptable level for PFAS at near zero—which is wholly infeasible and threatens these vital substances’ continued application in manufacturing processes.”

The EPA introduced the final rule in April, claiming that the standard would reduce PFAS exposure for approximately 100 million people, prevent thousands of deaths, and reduce tens of thousands of serious illnesses. According to the agency, exposure to forever chemicals has been linked to an increase in cancer diagnoses, heart and liver issues, and immune and developmental damage in children. The standard would also make funding available to ensure that U.S. citizens have access to clean and safe water, including $1 billion to help communities conduct PFAS testing and treatment.

In a press release, EPA Administrator Michael S. Regan said, “Drinking water contaminated with PFAS has plagued communities across this country for too long. That is why President Biden has made tackling PFAS a top priority, investing historic resources to address these harmful chemicals and protect communities nationwide. Our PFAS Strategic Roadmap marshals the full breadth of EPA’s authority and resources to protect people from these harmful forever chemicals. Today, I am proud to finalize this critical piece of our Roadmap, and in doing so, save thousands of lives and help ensure our children grow up healthier.” 

The EPA outlined the new standards and its accompanying guidelines in a recent document titled “Final PFAS National Primary Drinking Water Regulation.” In this document, the agency sets regulatory levels for several PFAS. Below is an excerpt from the PDF.

• For PFOA and PFOS, EPA is setting a non-enforceable health-based goal of zero. This is called a Maximum Contaminant Level Goal (MCLG). This reflects the latest science showing that there is no level of exposure to these two PFAS without risk of health impacts.
• For PFNA, PFHxS, and HFPO-DA (GenX Chemicals), EPA is setting MCLGs of 10 parts per trillion.
• EPA is setting enforceable Maximum Contaminant Levels (MCLs) at 4.0 parts per trillion for PFOA and PFOS, individually.
• For PFNA, PFHxS, and HFPO-DA (GenX Chemicals), EPA is setting MCLs of 10 parts per trillion.