Chemical makers sue over rule to rid water of ‘Forever Chemicals’
Chemical and manufacturing companies sued the federal government Monday night over a key drinking water standard that requires the removal of so-called “perennial” chemicals linked to cancer and other health risks.
The industry groups said the administration exceeded its authority under the Safe Drinking Water Act by requiring municipal water systems to virtually eliminate six synthetic chemicals, known by the acronym PFAS, that are present in the tap water of hundreds of millions of Americans.
The Environmental Protection Agency has said the new standard, introduced in April, will prevent thousands of deaths and reduce tens of thousands of serious illnesses.
The EPA’s cleanup standard was also expected to lead to a wave of lawsuits against chemical manufacturers by water utilities across the country trying to recoup their cleanup costs. Utilities have also challenged the strict new standard, questioning the underlying science and citing the cost of filtering the toxic chemicals from drinking water.
In a joint filing late Monday, the American Chemistry Council and the National Association of Manufacturers said the EPA rule was “arbitrary, capricious and an abuse of discretion.” The petition was filed with the Court of Appeals for the District of Columbia.
In a separate petition, the American Water Works Association and the Association of Metropolitan Water Agencies said the EPA had “significantly underestimated the costs” of the rule. Ratepayers could end up footing the bill in the form of higher water rates, they said.
PFAS, a large class of chemicals also called per- and polyfluoroalkyl substances, are widespread in the environment. They are often found in people’s blood, and a 2023 government study of private water wells and public water systems detected PFAS chemicals in almost half of the tap water in the country.
Exposure to PFAS has been linked to developmental delays in children, reduced fertility in women and an increased risk of certain cancers. according to the EPA.
During a public speech ahead of the filing on Monday, Brenda Mallory, chair of the White House Council on Environmental Quality, defended the Biden administration’s tough standards. “Everyone should be able to turn on the tap and know that the glass of water they fill is safe to drink,” she says.
At the same event, EPA officials said the new standard was based on the best available science and was designed to be “robust enough to withstand lawsuits.”
The EPA estimates it would cost water utilities about $1.5 billion annually to comply with the rule, although utilities have said the costs could be twice that. States and local governments have successfully sued a number of PFAS manufacturers for contaminating drinking water supplies,
President Biden’s bipartisan infrastructure bill, passed in 2021, sets aside $9 billion to help communities address PFAS contamination. The EPA said $1 billion of that money would be set aside to help states with initial testing and treatment.
