Per- and polyfluoroalkyl substances (PFAS) are human-made chemicals used in various industries since the 1940s. Known for their resistance to water, oil, and heat, manufacturers have used PFAS in products like non-stick cookware, water-repellent clothing, and firefighting foams. However, their durability also means they persist in the environment, leading to widespread contamination concerns. In California, regulating PFAS in drinking water has become a critical public health issue.
California’s Regulatory Actions on PFAS
California began regulating PFAS in drinking water in earnest around 2019. The state’s Water Resources Control Board (WRCB) took significant steps by setting notification levels and response levels for specific PFAS compounds, including PFOA and PFOS, two of the most notorious members of the PFAS family. These regulations aim to protect the public from the potential health risks associated with long-term exposure to PFAS, linked to various health problems such as cancer, liver damage, and immune system dysfunction.
Pervasiveness of PFAS Contamination
PFAS contamination in California is pervasive. Studies have shown that many of the state’s water sources contain PFAS at levels exceeding safety thresholds set by regulators. Given California’s vast and varied geography, this contamination affects both rural and urban communities, making it a widespread concern that demands urgent attention.
Costs of Removing PFAS
Removing PFAS from drinking water is a complex and costly endeavor. Effective removal technology, such as activated carbon treatment or high-pressure membrane systems, can be expensive. Estimates suggest that installing and maintaining these treatment systems can range from hundreds of thousands to millions of dollars per water treatment plant, depending on the scale of contamination and the size of the facility. These costs can place a significant financial burden on local water providers and, ultimately, consumers.
New EPA MCLs and Their Impact
The Environmental Protection Agency (EPA) recently established new Maximum Contaminant Levels (MCLs) for PFAS in drinking water. These MCLs will apply to California water providers and set stringent limits on the allowable levels of specific PFAS compounds. Compliance with these new standards will necessitate significant investments in water treatment technologies, further underscoring the financial and operational challenges faced by water providers.
Legal Remedies: 3M and DuPont Settlements
Legal remedies have been a crucial avenue for addressing the financial impact of PFAS contamination. The recent settlements involving 3M and DuPont have provided some relief to public water providers. These settlements are part of the larger multidistrict litigation (MDL) concerning aqueous film-forming foams (AFFF) used in firefighting, significant sources of PFAS contamination. In these settlements, 3M and DuPont agreed to pay substantial sums to compensate water providers for the costs associated with PFAS cleanup and mitigation.
These settlements represent a critical step towards addressing the financial and operational challenges posed by PFAS contamination for public water providers in California and beyond. However, the road to comprehensive PFAS management and remediation remains long. Ongoing regulatory efforts, advancements in water treatment technology, and continued legal actions will be essential in safeguarding public health and ensuring clean, safe drinking water for all Californians.
At Stag Liuzza, we commit to helping communities navigate the complexities of PFAS contamination and advocating for their rights to clean water. If your community grapples with PFAS issues, we provide the legal expertise and support needed to seek justice and secure a healthier future.
