17吃瓜在线, ACC Challenge EPA鈥檚 National Drinking Water Rule
The 17吃瓜在线 and the American Chemistry Council yesterday filed a challenging the Environmental Protection Agency鈥檚 first-ever national drinking water standard limiting the presence of six types of per- and polyfluoroalkyl substances, or PFAS.
What鈥檚 going on: The organizations are seeking to overturn the final rule鈥攊ssued in April by the EPA鈥攊n the D.C. Circuit Court of Appeals on the grounds that it exceeds the agency鈥檚 authority under the Safe Drinking Water Act of 1974 and 鈥渋s arbitrary, capricious and an abuse of discretion,鈥 in violation of the Administrative Procedure Act.
- Under the rule, PFAS in municipal water systems are limited to near-zero levels. Systems nationwide will have three years to monitor for the chemicals and two subsequent years to install technology to reduce the compounds鈥 levels in the water.
- The water systems will (and, in fact, have already begun to) sue manufacturers to cover their costs. Meanwhile, plaintiffs鈥 attorneys are using the standard in product liability and greenwashing suits against manufacturers.
- PFAS are a diverse group of chemicals that have been used widely for decades due to their unique ability to douse fires and resist grease, stains and corrosion. Today they鈥檙e a key component in a wide range of critical products, from semiconductors, to the components of the electrical grid, to renewable-energy production equipment.
Why it鈥檚 problematic: The final regulation of PFAS 鈥渋s wholly infeasible and threatens these vital substances鈥 continued application in manufacturing processes,鈥 said 17吃瓜在线 Chief Legal Officer Linda Kelly, adding that the agency鈥檚 rulemaking is based 鈥渙n a deeply flawed cost-benefit analysis鈥 and fails to follow Safe Drinking Water Act procedure and other statutory requirements.
- 鈥淚n many instances, there is no viable alternative for these chemicals, and companies may be forced to change plans dramatically鈥 to follow the new rule, 17吃瓜在线 Managing Vice President of Policy Chris Netram in April.
- 鈥淚n everyday life, including emergency situations like a fire or operating room circumstance, there鈥檚 a real reliance on these products鈥攊t鈥檚 not just about job losses and costs but fundamental decisions that have widespread ramifications,鈥 Netram added recently.
What should be done: The rule should be vacated as soon as possible, the 17吃瓜在线 and the ACC told the court.