3M Agrees to EPA Order to Sample and Provide Treatment for PFAS Contamination in Drinking Water near Cordova, IL Facility
EPA Enforcement Part of Agency Strategy to Characterize and Address PFAS Releases from Major Manufacturers
WASHINGTON (November 3, 2022) – Today, the 3M Company agreed to a U.S. Environmental Protection Agency (EPA) order to sample and provide treatment to address contamination from per- and polyfluoroakyl substances (PFAS) found in drinking water in the vicinity of 3M’s Cordova, IL facility. Recent sampling results provided by 3M indicate the widespread presence of a mixture of at least 19 different PFAS chemicals in drinking water within a 3-mile radius of the Cordova facility. Given the unique circumstances affecting this community, including more than five decades of PFAS discharges and the many types of PFAS chemicals found, EPA has concluded that the situation constitutes an imminent and substantial endangerment under the federal Safe Drinking Water Act.
“I have directed EPA staff to use every enforcement tool at our disposal to require manufacturers of PFAS to address potential endangerment to the public and to compel them to characterize, control, and clean up ongoing and past PFAS contamination,” said EPA Administrator Michael S. Regan. “Communities have suffered far too long from exposure to these chemicals. This settlement is a critical step forward in our work to protect communities from pollution and hold polluters accountable for their actions.”
As part of this settlement, 3M is required to offer treatment to all private well owners within 3 miles of the facility and to the Camanche Water Supply in Iowa, in an effort to remove PFAS from the drinking water. 3M is also required to offer drinking water sampling out to 4 miles from the facility for private well owners and out to 10 miles from the facility for public water systems as well as to the Quad Cities’ public water systems, using EPA protocols and conducted under EPA oversight.
3M’s sampling of the drinking water in private wells near the facility detected a range of concentrations including: perfluorooctanoic acid (PFOA) of non-detect to 25 ppt, perfluorooctanesulfonic acid (PFOS) of non-detect to 30 ppt, hexafluoropropylene oxide dimer acid (HFPO-DA), or “GenX” of non-detect to 59 ppt, and perfluorobutane sulfunate (PFBS) of non-detect to 51 ppt. 3M did not use EPA test methods for this sampling. As a result, the order issued today requires 3M to sample these wells again following EPA test methods.
3M was one of the original companies developing and producing PFAS within the United States, and their Cordova facility operations and discharges containing PFAS chemicals date back to the 1970s. 3M’s agreement to the terms of the Order including completing the work required under EPA’s oversight is an important step to begin addressing the problem created by decades of contamination. This settlement is part of EPA’s ongoing efforts to compel major PFAS manufacturers to characterize and control ongoing releases from their facilities.
Background
Last year, EPA launched the PFAS Strategic Roadmap, a whole-of-agency approach for addressing PFAS. The Roadmap sets timelines by which EPA plans to take specific actions and commit to new policies to safeguard public health, protect the environment, and hold polluters accountable. In the national PFAS Roadmap, EPA commits to investigate releases of PFAS and where needed require manufacturers to characterize and control their PFAS releases. In the Roadmap, EPA also commits to take swift action to address potential endangerments to public health. EPA is actively working with its state partners on this effort, which will build upon valuable work led by a number of states.
Per- and polyfluoroalkyl substances, collectively called “PFAS,” are a group of man-made chemicals that have been manufactured and used in industry and consumer products since the 1940s. There are thousands of different PFAS chemicals, some of which have been more widely used and studied than others.
WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA) published the Final Fifth Drinking Water Contaminant Candidate List (CCL 5), which will serve as the basis for EPA’s regulatory considerations over the next five-year cycle under the Safe Drinking Water Act. This update includes a substantial expansion of per- and polyfluoroalkyl substances (PFAS), an important first step towards identifying additional PFAS that may require regulation under the Safe Drinking Water Act.
“Following public engagement and robust scientific review, the final contaminant candidate list is the latest milestone in our regulatory efforts to ensure safe, clean drinking water for all communities,” said EPA Assistant Administrator for Water Radhika Fox. “As EPA takes action to protect public health and the environment from PFAS, including proposing the first nationwide drinking water standards later this year, today’s final CCL 5 looks further forward to consider additional protective steps for these forever chemicals.”
A year ago, EPA published the PFAS Strategic Roadmap, outlining an Agency-wide approach to addressing PFAS in the environment. Today’s announcement strengthens EPA’s commitment to protect public health from impacts of PFAS and support the Agency’s decision-making for potential future regulations of PFAS.
In addition to a group of PFAS, the Final CCL 5 includes 66 individually listed chemicals, two additional chemical groups (cyanotoxins and disinfection byproducts (DBPs)), and 12 microbes.
In developing the Final CCL 5, EPA requested public nominations, providing an opportunity for people to make recommendations to the Agency about specific contaminants of concern that may disproportionally affect their local community. EPA further enhanced the CCL process based on comments received on this CCL and previous CCLs, including by prioritizing data most relevant to drinking water exposure, improving considerations of sensitive populations including children, and considering the recommendations included in the Review of the EPA’s Draft Fifth Contaminant Candidate List (CCL 5) report from the Science Advisory Board. These improvements resulted in a Final CCL 5 that can better inform prioritization of contaminants for potential regulatory actions and/or research efforts.
WASHINGTON (October 28, 2022) – As part of National Lead Poisoning Prevention Week, today the U.S. Environmental Protection Agency (EPA) highlighted several federal enforcement actions completed from October 2021 through September 2022, as well as future planned investigations. These actions ensure that renovation contractors, landlords and realtors comply with rules that protect the public from exposure to lead from lead paint. By bringing companies into compliance with these rules, EPA protects future customers and their families.
Lead-contaminated dust from chipped or peeling lead-based paint in homes built prior to 1978 presents one of the most common causes of elevated blood lead levels in children. Infants and children are especially vulnerable to lead paint exposure because their growing bodies absorb more lead than adults do, and their brains and nervous systems are more sensitive to the damaging effects of lead.
“Because lead-based paint is the most common source of elevated blood lead levels in U.S. children, EPA is taking action against those who violate federal lead-based paint regulations and ensuring the public understands the danger of this hazard,” said Larry Starfield, EPA’s Acting Assistant Administrator for the Office of Enforcement and Compliance Assurance. “The enforcement actions EPA took this past year send a clear message that EPA is committed to enforcing regulations designed to protect the public from lead-based paint exposure.”
Reduction of childhood lead exposures is a high priority for EPA. These enforcement actions reflect the agency’s continuing commitment to implementing the Federal Lead Strategy and EPA’s Lead Strategy and result in reducing or eliminating lead exposures, particularly to children.
Regulations under the federal Toxic Substances Control Act (TSCA) and the Residential Lead-Based Paint Hazard Reduction Act (LHRA) apply to most pre-1978 dwellings and child-occupied facilities such as pre-schools and child-care centers. TSCA’s Renovation, Repair and Painting Rule (RRP) and Lead-based Paint Activities Rule require contractor certification and lead-safe work practices. LHRA’s Section 1018 Lead Disclosure Rule requires disclosure of information about lead-based paint before the sale or lease of most housing built before 1978. By ensuring compliance with federal lead-based paint requirements, EPA addresses a major source of lead exposure that occurs in communities across the nation.
The cases below involve alleged noncompliance with at least one of these lead paint requirements. These cases highlight the range of the Agency’s work, including:
criminal prosecution in conjunction with the U.S. Department of Justice (DOJ),
a focus on geographic areas that suffer from disproportionate levels of lead exposure, and
bringing civil administrative actions against renovators with a far-reaching influence on the compliance landscape locally, regionally or nationwide.
By ensuring compliance with federal lead paint requirements, EPA strives to address major sources of lead exposure that occur throughout the nation and particularly in areas of environmental justice concern. In addition to EPA’s actions, the Agency supports states, tribes, and territories on the implementation and enforcement of the EPA-authorized lead-based paint programs.
Although the federal government banned residential use of lead-based paint in 1978, it persists in millions of older homes, sometimes under layers of new paint. Lead exposure, particularly at higher doses, continues to pose a significant health and safety threat to children, preventing them from reaching their fullest potential for their health, intellect, and future development. Even small amounts of lead dust can cause harm to children living in the home.
Asbestos is a naturally-occurring mineral created by geochemical processes within our planet. Although infamous for its link to cancer, it also has many potential beneficial properties. The difficulty is to avoid the negative aspects of this potentially dangerous mineral while enjoying its positive aspects.
Radon – Radionuclides – Cancer (Polycythemia vera (pol-e-sy-THEE-me-uh VEER-uh)) – Radon is a gas produced by the radioactive decay of the element radium whose remote parent is either uranium or thorium
Forever Chemicals – What Are PFOA, PFOS, PFAS, and PFCs ? Per- and polyfluoroalkyl substances (PFAS) are a grouping of man-made fluorinated organic chemicals that have a wide range of use in industrial application and commercial goods
“This report contains important information on PFAS contamination and a cost recovery program for testing, treatment and remediation initiated by the National Rural Water Association on behalf of rural water and wastewater utilities across America.
Per- and polyfluoroalkyl substances (PFAS) are a group of man-made chemicals that includes PFOA, PFOS, GenX, and many other chemicals. PFAS have been manufactured and used in a variety of industries around the globe, including in the United States since the 1940s. PFOA and PFOS have been the most extensively produced and studied of these chemicals. Both chemicals are very persistent in the environment and in the human body – meaning they do not break down and they can accumulate over time. There is evidence that exposure to PFAS can lead to adverse human health effects like kidney damage, cancer, developmental effects to fetuses, and other illnesses.
In 2016, the Environmental Protection Agency lowered the health advisory level from 400 parts per trillion to 70 parts per trillion. Since that change was made, states have taken independent actions ranging from the adoption of the recommended health advisory level of 70 ppt to a much lower allowable level. As a result, systems of all sizes are experiencing increased cost for testing treatment and remediation. At the same time, the EPA has made PFAS contamination a priority and action has been taken to label PFAS as a hazardous substance. This will impact wastewater utilities and the disposal of bio-solids into a hazardous landfill if PFAS is detected.
In 2019, the National Rural Water Association recognized the financial burden on systems and joined the law office of Napoli Shkolnik PLLC to bring these systems together that have concerns or have been affected by PFAS contamination. This potential landmark contamination case could help water and wastewater systems recoup money spent on treatment and remediation. The sole purpose is to allow utilities the opportunity to recover their cost associated with testing, treatment and remediation with no upfront cost to the utility.
It is recommended that utilities register for cost recovery if they have tested and detected PFAS at any level or if the water source is near a potential PFAS contamination site. These sites include, but are not limited to, airports, military bases, fire training activity areas, landfills and/or manufacturing facilities. There are three key points to this action:
The action is for cost recovery as opposed to punitive and is filed against the global manufacturers of the compounds, not any local companies who may have used them.
There are no upfront costs to the utility to register for cost recovery.
Once a settlement is reached, the utility has the option of accepting the settlement or declining.
Utilities can find more information about PFAS contamination here and register for cost recovery here.”
Note:
1. This is one reason the EPA should not set a formal standard.
2. The second reason – once it is removed from the water – where will it go and who will be responsible for this stuff??
3. Why we suggest ordering a Neighboorhood Hazard Reports
EPA officials recommend NSF and ANSI Certified filters to reduce PFOA and PFOS. ” P473: Drinking Water Treatment Units – PFOA and PFOS — to verify a water treatment device’s ability to reduce perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) to below the health advisory levels set by the U.S. Environmental Protection Agency (EPA).”
Treatment Options: (Point of Use Filters meets P473 and other standards)
