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    EPA’s Move to Classify PFAS as Hazardous: A Shift Towards Stronger Environmental Protections

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    The Environmental Protection Agency (EPA) is at the cusp of a significant regulatory shift with a proposal that could redefine the management of per-and polyfluoroalkyl substances (PFAS) as hazardous under the Resource Conservation and Recovery Act (RCRA). This action signals a federal acknowledgment of the gravity of PFAS-related pollution, which has long been a point of contention for environmentalists and affected communities.

    The EPA’s proposal to categorize nine PFAS compounds as “hazardous constituents” pivots on the scientifically-backed toxic effects linked to these chemicals. PFAS, often referred to as “forever chemicals” due to their persistent nature, have been associated with a range of health risks including cancer, thyroid disorders, high cholesterol, and fertility issues, among others. These findings bolster the agency’s position that such chemicals pose a substantial hazard to both human health and the environment.

    While the presence of PFAS in consumer products like nonstick cookware and firefighting foam has made them ubiquitous, it’s the compounds’ omnipresence in drinking water that has raised alarms. A notable investigation by the U.S. Geological Survey disclosed the sobering reality of PFAS permeating nearly half of the U.S. tap water supply. This widespread contamination, coupled with the difficulty in breaking down these chemicals, amplifies the urgency for regulatory action.

    The proposed rule, which will be subject to public comment once it makes its way to the Federal Register under docket number EPA-HQ-OLEM-2023-0278, is not just a stand-alone move. It is a response to a concerted effort by states like New Mexico, where the presence of PFAS in groundwater, particularly around Air Force bases, prompted Governor Michelle Lujan Grisham to petition the EPA for regulatory action. The petition highlighted the dire consequences of inaction, citing a slew of health impacts and environmental damage linked to PFAS exposure.

    The EPA’s proposed amendments to the RCRA are intended to bolster regulatory mechanisms to enforce cleanups at contaminated sites and to ensure proper management of hazardous waste. New Mexico’s role in this development, underscored by EPA Administrator Michael Regan’s signed proposal, is a testament to state-level advocacy’s ability to effect change on the national stage.

    Affected individuals like dairy farmer Art Schaap, who suffered devastating losses due to PFAS contamination, epitomize the human cost of delayed environmental protections. The proposed classifications under the RCRA aim to prevent such tragedies and hold polluters accountable for their actions.

    Relevant articles:
    – The EPA is proposing that ‘forever chemicals’ be considered hazardous substances
    – EPA proposes new rules after Lujan Grisham’s PFAS petition, New Mexico Political Report, Thu, 01 Feb 2024 20:29:48 GMT
    – EPA proposes GenX, PFAS be treated as hazardous waste, Coastal Review Online, Thu, 01 Feb 2024 20:02:21 GMT
    – U.S. Environmental Protection Agency Approves New Mexico’s Petition To List PFAS As A Hazardous Substance, Los Alamos Daily Post, Thu, 01 Feb 2024 19:31:56 GMT

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