At least 40 million Americans served by more than 700 water utilities would lose drinking water protections if the next administration or a court rolls back new federal drinking water standards for the toxic “forever chemicals” known as PFAS.
And millions more could be at risk, because ongoing utility drinking water tests will likely confirm that a host of other communities are also in danger from undoing the PFAS limits.
The Environmental Protection Agency in April set its landmark first-time drinking water standards for six PFAS, estimating that as many as 100 million people will benefit from them. The rulemaking sets a strict limit of 4 parts per trillion, or ppt, on the forever chemicals PFOS and PFOA – two of the most notorious PFAS.
The rule also set limits for four other PFAS: GenX, PFBS, PFNA and PFHxS. These “maximum contaminant levels” represent the highest level of a contaminant allowed in drinking water.
But the next administration could weaken or roll back the standards, which would imperil the safety of drinking water in almost every state.
There’s also the threat of pending industry lawsuits over the standards that, if successful or if the next administration chooses not to fight the lawsuits, could result in a court ruling that scraps the protections or sends them back to the EPA to redo.
Drinking water systems with PFOA or PFOS detected above the EPA’s 4 ppt limits
Only 10 states have previously adopted drinking water standards similar to the standards set by the EPA. For all states the EPA’s rule creates a binding legal duty to reduce PFAS in drinking water to the federal limits, which are often tougher than existing state standards.
States where EWG estimates the largest number of people would lose drinking water protections include California, Florida, North Carolina, Ohio and Texas.
Status of PFAS drinking water standards in the U.S.
Of the water utilities that have reported so far, EWG estimates that scrapping the PFAS standards would result in 41.7 million people served by 712 water utilities losing drinking water protections.
As more utilities report water testing results, the number of people who would lose protections could increase significantly. To date, fewer than half of all utilities – just 46 percent – have been tested as part of the EPA’s Fifth Unregulated Contaminant Monitoring Rule, also called the UCMR5. As more testing is completed, it is almost certain the number of utilities with PFAS detections will continue to grow.
Forever chemicals crisis
Drawing on both federal and state testing data, EWG has previously found PFAS in the drinking water of 130 million people in nearly 7,500 communities.
PFAS have been linked to cancer, reproductive harm, immune system damage and other serious health problems, even at low levels. The EPA estimates these new limits will result in 1,232 fewer birth-weight-related infant deaths; 1,928 fewer kidney cancer deaths; 1,844 fewer bladder cancer deaths; and 3,584 fewer deaths from cardiovascular disease.
Under the new standards, utilities must test drinking water regularly over the next three years. Then they get another two years to comply with the new limits.
Adding to the generous timetable, utilities have plentiful resources to cope with the challenge they face in meeting the standards.
Congress provided $10 billion funding in the 2021 bipartisan infrastructure law to help utilities treat their water. And PFAS manufacturers have recently settled lawsuits with water utilities for billions of dollars, providing even more funds that will assist with reducing levels of PFAS in drinking water for millions of Americans.
Although the new maximum contaminant limits apply to just six PFAS, treatment technologies installed to comply with the limits mean other PFAS will also effectively be treated, lowering total PFAS levels in drinking water. The treatment will also help with reducing the amount of other contaminants, creating even greater health benefits for people.
