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A handful of Massachusetts groups opposing the Environmental Protection Agency’s plan to weaken rules on so-called “forever chemicals” in drinking water have signed on to letters warning the agency that the move is likely illegal.
In mid-May, the EPA announced it was rescinding rules formed during the Biden administration that limited four types of PFAS, also known as perfluoroalkyl and polyfluoroalkyl substances. The agency also said it was giving water utilities two additional years to comply with federal rules on two commonly found PFAS chemicals, PFOA and PFOS.
PFAS chemicals have been used in products like rugs for their stain-resistant, water-repelling qualities. Heavy doses of the chemicals were also used in firefighting foam. They are slow to break down in the environment, hence the “forever chemical” moniker, and have been linked to a slew of health problems, including thyroid issues, cancers, and problems with pregnancy and childhood development.
The public comment period for the EPA’s new rules ended Monday, but not before Massachusetts Attorney General Andrea Campbell signed onto a letter with 18 other attorneys general, saying the move would run afoul of the Safe Drinking Water Act. The act directs the EPA to have good cause before it walks back its rules, according to a statement from Campbell’s office, and the agency did not analyze how the move would affect public health.
“Forever chemicals and the serious health and environmental risks they pose do not go away just because the EPA chooses to walk away from its obligation to protect our drinking water,” Campbell said in a statement.
Environmental law nonprofit Earthjustice issued a letter dated Monday signed by dozens of environmental groups that argued, in part, that giving utilities extra time to comply with the PFAS rules violates the Administrative Procedure Act and the Safe Drinking Water Act.
Earthjustice issued a second letter saying the EPA’s move to rescind regulation on the PFAS chemicals would affect 15 million people across the country.
“Yet in proposing to eliminate these critical drinking water standards, EPA completely fails to consider the resulting harms to public health — a glaring omission that violates the law,” Earthjustice’s letter reads.
Boston-based Conservation Law Foundation signed on to both letters. The Sierra Club, which has a chapter in Massachusetts, is also among the names of the signatories.
Clint Richmond, conservation chair of the Sierra Club of Massachusetts, said the state is less affected by the EPA’s moves than other states, as it passed regulations of its own in 2020 to address PFAS in drinking water.
“We’ve long been engaged on this issue,” he said.
However, federal regulations set lower PFAS limits than state regulations, and they regulated two additional chemicals, according to Richmond.
The state Legislature, he said, is currently considering a proposal to regulate and eliminate PFAS in certain products, such as food packaging and furniture.
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