EPA announces action on toxic chemicals; New York politicos skeptical

Feb. 21-- Feb. 21--Earlier this month, it looked like the federal Environmental Protection Agency would decline to regulate two emerging contaminants. Last Thursday, however, the EPA put forward a plan to set a maximum contaminant level on two toxic chemicals: perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA).

Sen. Charles E. Schumer, D-N.Y., while applauding the move, urged the EPA to push through its proposed measures to address PFOS and PFOA contamination quickly. Speaking at the University of Albany Cancer Research Center in East Greenbush Wednesday, Sen. Schumer said he was sending a letter to EPA Acting Administrator Andrew Wheeler.

"The relentless advocacy of those in communities like Hoosick Falls and Petersburgh, combined with the compelling scientific facts about the severe toxicity to humans from PFAS (per- and polyfluoroalkyl substances) contamination, has finally compelled the EPA to stop denying the problem and, for the first time, say they intend to set a maximum drinking water standard," Sen. Schumer said in a news release on the event. "This is a necessary first step. But, given their foot-dragging on this issue, we must not allow EPA to kick the can down the road, and delay, delay, and study and delay."

The EPA announcement impressed Sen. Kirsten E. Gillibrand even less. Sen. Gillibrand has focused on the issue of PFOS and PFOA, including pushing President Donald J. Trump's administration to move forward with new kinds of firefighting foam that do not include the toxic chemicals.

"We don't need to study the issue any longer to know that PFAS contamination shouldn't be allowed in our drinking water," she tweeted last week after the EPA announcement. "I'm extremely disappointed that the EPA has strayed so far from its mission to proactively protect our health from environmental toxins."

The new policy was announced on Valentine's Day by Mr. Wheeler in Philadelphia, including a maximum contaminant level coming later this year and work on cleanup, monitoring and research. Sen. Schumer said in his letter to Mr. Wheeler that the delay in addressing the issue was concerning.

"Given this agency's recent lack of urgency on protecting the public health, and its lax disposition with regard to policing toxic pollution,, I am deeply concerned by the lack of urgency that the EPA has displayed in its actions addressing the threat of Polyfluoroalkyl Substances," Sen. Schumer wrote in the letter.

The chemicals have been found in groundwater near industrial sites, military bases and airports. When ingested, they have been linked to kidney cancer, testicular cancer, pre-eclampsia, thyroid disease, developmental defects in fetuses, liver tissue damage and immune system impairments.

Both chemicals were voluntarily phased out of American production between 2000 and 2006. They were found in nonstick pans, furniture, cosmetics and household cleaners as well as in airport firefighting foam.

In the absence of federal guidance, the New York State Department of Health has been establishing its own guidelines. A spokesperson for the Department of Health said the EPA announcement changes nothing at the state level.

"Unfortunately, lack of federal leadership has further clarified that New York must continue to chart our own course to set protective levels for emerging contaminants in drinking water," wrote Erin Silk in an email. "EPA's announcement neither deters, nor further influences, our decision moving forward. We are on target to adopt the most protective maximum contaminant levels for PFOA/PFOS, as well as recommending the first-ever level for 1,4-dioxane and expect to reach decisions for both soon following the rulemaking process."

In December, the state Drinking Water Quality Council put forward its recommendations of no more than 10 parts per trillion in drinking water for both PFOS and PFOA. The Department of Health is now moving forward with these recommendations to establish its own legally enforceable limit.

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