Grappling With MCL, EPA Eyes SDWA Emergency Power To Address PFAS

摘要

EPA is weighing its rarely used emergency powers under the Safe Drinking Water Act (SDWA) to address perfluorinated compounds, a potential alternative authority the agency could use to quickly require cleanups of the chemicals at local hot spots given its reticence to craft national cleanup standards. In an interim response to a petition from environmentalists seeking SDWA standards for several per- and polyfluoroalkyl substances (PFAS), EPA water chief David Ross told the Ohio Environmental Council last month that while the agency is considering whether two widespread PFAS meet statutory criteria for regulation, the agency "may also exercise its emergency powers under the SDWA, Section 1431, in the event of an imminent and substantial endanger-ment." Relevant documents are available on InsideEPA.com. (Doc. ID: 218326) Ross noted EPA has previously issued administrative orders under this provision to address PFAS - in EPA Region 1 to respond to PFAS at the former Pease Air Force Base in Portsmouth, NH, and in Region 3 to address Chemours' (formerly DuPont's) Washington Works facility in Washington, WV. The agency "will continue to evaluate the need for emergency action under Section 1431 to address PFAS contamination in impacted communities," he added. The suggestion comes as EPA prepares to release its long-awaited PFAS Action Plan, though Acting EPA Administrator Andrew Wheeler told senators during his Jan. 16 confirmation hearing while the agency had hoped to release it during the week of Jan. 21, the schedule has been delayed "slightly" due to the government shutdown.