Rep. Dingell pushes and EPA classifies PFAS as harmful substance

black and white hazard zone tape

By Katrenia Busch

U.S. Rep. Debbie Dingell (D-MI) led a proposal effort to designate PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). 

Polyfluoroalkyl substance (PFAS) chemicals are man-made persistent chemicals that are found in the drinking water in over 2,000 communities according to a statement from Dingell. 

On Thursday, Sept. 1, Dingell held a conference on the Environmental Protection Agency’s (EPA) proposal to designate them as hazardous substances under CERLA. The classification is only a proposal for now and is likely not to take effect until at least August 2023.

The EPA’s proposal to designate two per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as hazardous substances under CERCLA, also known as the Superfund program. 

In August the National Academy of Sciences report on PFAS Health Effects recommended for individuals with high levels of PFAS suspected in their blood due to occupational or environmental exposures complete testing. As well as use the findings as part of an ongoing class action litigation demanding monitoring for anyone with elevated levels of PFAS exposure. 

Environmental Justice and Equity Advisory Board member La’Meshia Whittington expressed her appreciation to leadership working to address PFAS on behalf of anyone affected by the hazardous substances. 

“The EPA’s proposal last week to designate polyfluoroalkyl (PFAS) as hazard substances,” Whittington said. “Is the federal government’s first concrete step towards holding polluters accountable for past contamination to these chemicals after decades of reckless disregard for the health and safety of our communities. The citizens of Michigan appreciate your leadership on PFAS.” 

Executive Director of the Michigan League of Conservation Voters, Lisa Wozniak, stated that there are currently 170 known active PFOS sites throughout Michigan, addressing PFOS contamination. 

“We work every single day here in this beautiful state to protect our air, land, and water in communities all across Michigan,” Wozniak said. “And we do that by activating voters to elect and hold accountable people who really fight for an environment that sustains the health and wellbeing of us all.” 

Rob Bilott is an environmental attorney and experienced PFOS advocate. He stated that it was tremendous to finally see the EPA take this next step. 

“It is one of the biggest public and environmental health threats in the history of our country,” Bilott said. The EPA’s acknowledgement follows on the heels of a report acknowledging the severity of the public health threat to the entire country.