Analies Dyjak, M.A. | Head of Policy and Perspectives   

The Environmental Protection Agency (EPA) just announced a dramatic decrease in what they’re considering a “safe” level of certain PFAS in drinking water. EPA’s recent announcement reiterates just how serious the PFAS crisis has become in the U.S. What do these new “safe levels” mean for you and what action do you need to take?

EPA's New Guidelines for PFAS

**UPDATE: On April 10, 2024, the US EPA has announced drinking water standards to limit exposure to 6 types of PFAS chemicals.


In June 2022, EPA proposed reducing the current Health Advisory Level of 70 parts per trillion for PFOA and PFOS combined, to 0.004 parts per trillion for PFOA and 0.02 parts per trillion for PFOS. This reduction is over 17,000 times lower than what was considered safe by EPA just 6 years ago. EPA also introduced Health Advisory Levels of 10 parts per trillion for GenX and 2,000 parts per trillion for PFBS. It’s important to note that a Health Advisory Level is the amount of a contaminant that is NOT likely to cause negative health impacts. For example, drinking water with PFBS at a concentration above 2,000 parts per trillion could cause adverse health effects, according to EPA.

EPA admits that these super low levels could be very difficult to identify with current methods of detection: “It is possible for PFOA or PFOS to be present in drinking water at levels that exceed health advisories even if testing indicates no level of these chemicals” and that PFOA and PFOS can only “be reliably measured using specified analytical methods in appropriate laboratory settings.” While the intention of these new Health Advisory Levels are in good faith, they’re setting up municipal treatment plants to fail - especially those in rural and underfunded communities. 

How Will The New PFAS Guidelines Impact You?

The general public likely won’t feel any real impacts for several years. Interim levels, and health advisory levels in general, are entirely non-enforceable. This means that water providers are not legally bound to meet these lower recommendations anytime soon. The goal of health advisories is that they will eventually turn into enforceable standards, which EPA has plans to implement in 2023. The only real impact to public health is that PFAS levels that were once considered “safe” by EPA are now potentially dangerous.

Takeaways and Red Flags

First, these new health advisory levels are unattainable by nearly every single public water utility in the country. Not only will someone (taxpayers) have to pay for new treatment technology, but it could take years if not decades to get new treatment up and running. It’s unclear what will happen to utility providers if they violate this law, or what people are supposed to do while these new guidelines take effect. Second, these new guidelines don’t address the root of the problem. PFAS are still being produced in the U.S., and are still a key ingredient in several consumer products. Even though drinking water has the potential to be addressed, there are hundreds of other ways that people are exposed to PFAS chemicals. Finally, this new change only addresses four of the over 9,000 different PFAS variations that are being found in the environment.

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States are responding to the nationwide PFAS crisis by implementing testing or removal requirements in municipal tap water. Per and Polyfluoroalkyl Substances (PFAS) have been detected in an increasingly alarming number of municipalities across the United States. Recent studies indicate that 200 million Americans drink tap water contaminated with PFAS chemicals. On April 10, 2024, the US EPA has announced drinking water standards to limit exposure to 5 types of PFAS chemicals.  

Analies Dyjak, M.A.  |  Head of Policy

North Carolina has been at the heart of a drinking water crisis. At least 1 million North Carolinians have been exposed to unsafe levels of an unregulated contaminant called Per and Polyfluoroalkyl Substances, PFAS, or "forever chemicals." The source of the contamination traces back to a fluorochemical operation in Fayetteville - causing widespread contamination in municipal drinking water and in private wells. This article will discuss two companies’ legal tactics to try and avoid liability, and how the victims of this tragedy continue to be left in the dark. 

Polluter v. Polluter 

You may already be familiar with the two companies at the root of this crisis in North Carolina. In short, DuPont had been manufacturing and distributing a category of chemicals called Per and Polyfluoroalkyl Substances or PFAS, since the 1980's. DuPont created Chemours - a spinoff company in charge of overseeing all fluoro-chemical operations, including the entire category of PFAS chemicals. In doing so, Chemours assumed direct liability for DuPont’s decades of chemical contamination - including all environmental and public health damages. According to the 2019 lawsuit, Chemours claimed that DuPont was not entirely forthcoming about the amount of damages the spinoff company was to incur. Chemours claimed that they were set up by DuPont to be “financially overwhelmed,” and ultimately bankrupt. When Chemours took over DuPont in 2015, they agreed to historical liabilities of no greater than $1.42 billion. Chemours claimed that DuPont wildly underestimated the totality of the liabilities. For example, the cost of one particular class action lawsuit, including 3,500 cancer and bodily harm claims associated with exposure to PFOA, was grossly underestimated. DuPont claimed that settlement would cost no greater than $128 Million, while Chemours ended up owing $671 Million for that case alone. 

Chemours v. DuPont was ultimately dismissed by a Delaware judge in 2019. This was bad news for Chemours, and even worse news for the tens of thousands of individuals impacted by PFAS contamination. Both companies have been trying to delay and reorganize, in order to pay the absolute least amount of money to the state of North Carolina as possible. If you want to learn more about other Chemours’ litigation in North Carolina, click here. We also have an article about an unrelated case against DuPont, which you can find here.

North Carolina Attorney General Sues DuPont and Chemours

Soon after Chemours sued DuPont, the state of North Carolina turned around and sued both companies. On October 13, 2020, North Carolina Attorney General Josh Stein, sued DuPont and Chemours for PFAS contamination in the Cape Fear River. The single Chemours plant in Fayetteville has caused widespread PFAS contamination throughout several major North Carolina counties, including New Hanover, Bladen, Pender, and Brunswick. The recent lawsuit is calling for both Chemours and DuPont to pay for all “past and future costs, necessary to investigate, assess, remediate, restore, and remedy” all damages. We'll have updated information on our blog and social media (@hydroviv_h2o) as this story unfolds. 

How Has PFAS Impacted The State of North Carolina?

There's no way to fully estimate how this negligence has impacted North Carolinians. What we do know is that exposure to PFAS chemicals has been associated with a variety of negative health effects, including: an increased risk of cancer, decreased immune function, increased cholesterol, and more. In a study completed just this year, a team of Yale researchers found that exposure to PFAS increases the risk of miscarriage by 80-120%. A PFAS variety that's especially problematic in the Cape Fear River, called GenX, was deemed a "probable carcinogen" by EPA in 2018. On April 10, 2024, the US EPA has announced drinking water standards to limit exposure to 6 types of PFAS chemicals, including GenX. PFAS have been detected at levels well above public health recommendations in Wilmington, Leland, Winnabow, and other cities that draw water from the Cape Fear River and its tributaries.

What Can I Do?

Media coverage has been propelled by community organizers throughout impacted areas in North Carolina. Organizations like North Carolina Stop GenX in our Water, Cape Fear River Watch, Clean Cape Fear, and many others have “blown the whistle” on what’s going on in North Carolina. We recommend following these organizations, as well as our social media channels (@hydroviv_h2o) to stay up to date. It's important to point out that North Carolina is not the only state that has PFAS in its drinking water. Michigan, Minnesota, New York, New Hampshire, and California are just some of the states where PFAS have become a serious threat. The Environmental Working Group created a map which shows areas of the country with detectable levels of PFAS in drinking water. You can check out the map here.

If you are planning on purchasing a water filter, make sure that it’s rated to remove PFAS chemicals. Most pitcher, faucet, and countertop systems are unable to remove PFAS. Check out this PFAS filtration removal study completed by Duke and NC State. 

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The state of North Carolina and several non-governmental organizations have been battling with chemical manufacturing giant, Chemours, over pollution in the Cape Fear River. Dozens of communities draw drinking water from this river, and surrounding groundwater aquifers, which have been contaminated by a harmful category of chemicals called PFAS. The State and Federal Government have been relying on a Consent Order (legal settlement) signed in 2019. The intent of this Consent Order, however, was never meant to be the long-term solution to this decades-long problem. 

Our analysts are finding PFAS everywhere we look. It's such a widespread problem that some state and local governments are beginning to allocate considerable resources to try and mitigate exposure. If PFAS data aren't available for your city, it probably means no one has tested for it yet! We wanted to provide information about some of the major PFAS "hot spot" and how to remove it from your drinking water.