PFAS under Biden

The inauguration of Joseph R. Biden Jr. as the 46th president of the United States may presage a turn in the environmental policies of the federal government. President Biden has already declared climate change as one of his administration’s top four priorities and he announced Michael Regan as the next EPA Administrator. Regan was Associate Vice President of the Environmental Defense Fund, has served at the EPA under both Democratic and Republican presidents, and is currently Secretary of the North Carolina Department of Environmental Quality. Regan has a strong record of addressing climate change on a state level, which supports Biden’s environmental priority.

Regan has also been involved in regulation of per- and polyfluoroalkyl substances (PFAS), a topic of Biden’s presidential campaign. During his candidacy, Biden promised to address PFAS contamination in drinking water and also pursue designation of some PFAS as hazardous substances. Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), aka Superfund law, these designations would set requirements for the reporting of emissions, create firm financial liability for reparations and cleanup of releases, and may provide additional impetus to establish what to some are long-awaited federal drinking water limits for certain PFAS. Many states have already passed PFAS regulations in the form of enforceable limits for drinking water, surface water, and groundwater protection, with many others establishing guidance values. It remains to be seen how future federal maximum contaminant levels might compare to state regulations, both in terms of concentration limits and regulation of individual compounds versus groups of PFAS.

A previous effort to address PFAS was initiated by U.S. Congresswoman Deborah Dingell, who introduced the PFAS Action Act of 2019 (H.R. 535). The PFAS Action Act was passed by the House in January 2020 and then referred to the Senate Committee on Environment and Public Works. With Democratic majorities in both the House and Senate, however slim, the PFAS Action Act or similar legislation has a new chance to pass, allowing the Biden administration to turn a new page in federal PFAS regulations.

With Biden’s stated priorities, Regan at the helm of the EPA, and majorities in Congress, all signs are pointing towards increased federal leadership on PFAS issues.