3 States Call on EPA to Regulate PFAS Air Emissions

In an effort to tackle the air emissions from per- and polyfluoroalkyl substances (PFAS) “forever chemicals,” the environmental agencies of New Mexico, North Carolina and New Jersey have petitioned the United States Environmental Protection Agency (EPA) to expand the Clean Air Act’s list of Hazardous Air Pollutants (HAPs) to include four specific PFAS compounds.

PFAS air emissions affect groundwater, surface water and soil, resulting in the contamination of drinking water.

“The unregulated nature of per- and polyfluorinated substances (PFAS) as air pollutants is a tremendous concern in our States and across the U.S.,” the states wrote in their petition to EPA Administrator Michael Regan.

The states’ environmental agencies are requesting that the chemical compounds perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorononanoic acid (PFNA) and HFPO dimer acid (GenX) be regulated under the Clean Air Act, Section 112, a press release from the North Carolina Department of Environmental Quality (NC DEQ) said.

“The EPA has been proactive in addressing PFAS and supporting efforts to address PFAS contamination in our states,” said Elizabeth S. Biser, NC DEQ Secretary, in the press release. “Adding these forever chemicals to the list of regulated pollutants addresses a gap in our regulatory authority and makes it possible to tackle a critical part of the PFAS life cycle: air emissions.”

In their request, the petitioning states demonstrated the necessity of standards for PFAS emissions to prevent contamination from the hazardous chemicals from spreading.

“With EPA’s bold actions to the clean-up of forever chemicals from our water and land, we cannot afford to transfer these toxic pollutants to our air,” said James Kenney, secretary of New Mexico’s environment department, in the press release. “We must act quickly and holistically to protect our communities from drinking and breathing these toxic chemicals.”

The PFAS Strategic Roadmap by the EPA contains the target of addressing PFAS emissions — including an assessment of listing the chemical compounds as HAPs — under the Office of Air and Radiation.

“To best protect Americans from exposure to the toxic PFAS forever chemicals that have poisoned our environment, we must reduce PFAS pollution that flows through our waters, upon our land, and into our air,” said Shawn M. LaTourette, New Jersey Commissioner of Environmental Protection, in the press release.

All three of the petitioning states have experienced PFAS pollution produced by PFAS manufacturing sites or from firefighting foam released by the military.

“Communities throughout the country have experienced the effects of water contamination as a result of PFAS, including air pollution releases that impacted thousands of private drinking water wells in the vicinity of the Chemours Fayetteville Works facility in North Carolina,” NC DEQ said.

PFAS are a class of roughly 15,000 synthetic chemical compounds most often used to make products that are resistant to water, stains and grease. They have been associated with cancer, decreased immunity, birth defects, kidney disease and a host of other significant health issues. The toxic compounds are known as “forever chemicals” because they do not break down naturally in the environment.

“The petitioning States have presented the necessary evidence that PFAS are air pollutants and are causing adverse effects to human health or adverse environmental effects,” the press release said.