“States Petition EPA to Regulate PFAS Air Emissions as Hazardous Pollutants”

In a groundbreaking move to address the air emissions of per- and polyfluoroalkyl substances (PFAS) “forever chemicals,” the environmental agencies of New Mexico, North Carolina, and New Jersey have jointly petitioned the United States Environmental Protection Agency (EPA) to expand the Clean Air Act’s list of Hazardous Air Pollutants (HAPs) to include four specific PFAS compounds. This comes in response to the contamination of the Cape Fear River watershed in North Carolina by PFAS from a Chemours plant in Fayetteville.

The states are specifically requesting that the chemical compounds perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorononanoic acid (PFNA), and HFPO dimer acid (GenX) be regulated under the Clean Air Act, Section 112. This move aims to address the unregulated nature of PFAS as air pollutants, which has raised significant concerns about the impact on groundwater, surface water, soil, and ultimately drinking water.

Elizabeth S. Biser, Secretary of the North Carolina Department of Environmental Quality (NC DEQ), emphasized the importance of regulating these forever chemicals to prevent further contamination. The petitioning states highlighted the urgent need for standards for PFAS emissions to protect communities from the adverse effects of these toxic pollutants.

The EPA’s PFAS Strategic Roadmap includes the goal of addressing PFAS emissions, including the assessment of listing the chemical compounds as HAPs under the Office of Air and Radiation. This move is seen as crucial in protecting Americans from exposure to PFAS forever chemicals that have been linked to serious health issues such as cancer, decreased immunity, birth defects, and kidney disease.

The petitioning states have all experienced PFAS pollution from manufacturing sites or firefighting foam releases, underscoring the widespread impact of these toxic compounds. The move to regulate PFAS emissions under the Clean Air Act is a significant step towards addressing the environmental and public health risks posed by these forever chemicals.

Overall, the joint petition by New Mexico, North Carolina, and New Jersey reflects a proactive approach to tackling the challenges posed by PFAS contamination and underscores the importance of regulatory measures to protect communities from the harmful effects of these persistent pollutants.