Examining The EPA’s Forever Chemical Plans

The U.S. Environmental Protection Agency says it plans to clarify who is liable for forever chemical contamination and hold polluters accountable, though questions remain as to whether current standards could be loosened and how much help could be needed from Congress.

Among the 21 different forever chemical priorities released by the EPA on Monday, at least six were directed at establishing a clear regulatory, liability and enforcement framework for manufacturers’ and product makers’ discharges of perfluoroalkyl and polyfluoroalkyl substances, or PFAS. And other actions displayed the agency’s intention to try to lessen impacts on “passive receivers” of PFAS pollution, like wastewater treatment plants.

Emily Lamond, a member at Cole Schotz PC, said the fact that the Trump administration intends to prioritize PFAS — which are also called forever chemicals because of their persistence in the human body and environment — isn’t totally surprising, given the EPA’s attention to the issue during President Donald Trump’s first term and bipartisan focus in Congress.

“EPA regulation of PFAS is as persistent as the chemical itself — it’s not going anywhere anytime soon,” Lamond said. “And despite the arguably unprecedented scope and pace of government funding cutbacks in this new administration, they’re not touching PFAS.”

According to the EPA, it wants to “engage with Congress and industry to establish a clear liability framework that ensures the polluter pays and passive receivers are protected.”

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