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Sparks

Forever Chemical Enforcement Just Got Even Stronger

In addition to regulating PFAS presence in water, the EPA will now target pollution at the source.

Drinking water and the periodic table.
Heatmap Illustration/Getty Images

Last week, I reported on the Environmental Protection Agency’s monumental new restrictions on “forever chemicals” in Americans’ drinking water. At the time, I stressed that the issue doesn’t end with the water that flows out of our kitchen and bathroom taps — the government also has a responsibility to hold polluters accountable at the source.

On Friday, the EPA did just that, designating perfluorooctanoic acid and perfluorooctanesulfonic acid, a.k.a. PFOA and PFOS, as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act, more commonly known as the Superfund law.

PFOA and PFOS are two of the most commonly used chemicals in a larger class known as PFAS, which have been linked to serious human health issues including cancer and decreased fertility. Nevertheless, we live in a world of PFAS; the chemicals are used in everything from the waterproofing of your rain jacket to the plastic containers that hold your takeout food. When I spoke with John Rumpler, the clean water director at Environment America, last week, he emphasized that a Superfund designation was one of the most important remaining steps the government could take to combat PFAS pollution and the resulting health impacts on Americans.

“You might have a site where they clean up the arsenic, and they clean up the chromium, and they clean up name-your-other-kinds-of-toxic-stuff — and then they leave the PFAS because nobody is requiring them to clean it up,” he told me.

PFAS are persistent not only because of their chemical composition, but because they’re extremely good at their jobs — whether it’s making a children’s jacket stain-resistant or putting out a gasoline fire. They are also extremely expensive and difficult to clean up once they end up in a river, stream, or the ocean — and almost inevitably, they will.

Under the new regulations, polluters will have to report any releases of PFOA or PFOS that meet or exceed one pound within a 24-hour period. This allows the EPA to use “one of its strongest enforcement tools to compel polluters to pay for or conduct investigations and cleanup, rather than taxpayers,” the administration wrote in its announcement. The development is significant not only because it will curb PFAS pollution, but because it will also eliminate one of the major pathways for these chemicals — which linger indefinitely in the environment — to end up in almost all of our bodies.

When we spoke before the announcement, Rumpler warned me that “all kinds of special interests are looking for exemptions from the liability” of the hazardous substance designation then-proposed by the EPA, so that will be another “battle to be fought.” Sure enough, the National Association of Manufacturers has already pushed back on the EPA’s rules, writing in a statement that the Superfund designation could mean “lengthy and costly litigation” for the manufacturing sector, municipal water districts, commercial airports, and others who use the chemicals. “Not only is this unfair but perhaps more important, it will not speed cleanups: It will do the opposite,” the interest group added.

Environmental groups are also sharpening their swords. In a measured statement, Emily Scarr, the director of U.S. PIRG Education Fund’s Stop Toxic PFAS campaign, applauded the EPA for its Friday announcement but added that advocates can’t stop pushing for “phasing out [PFAS] use, stopping their discharge, and holding the chemical industry accountable for the harms they have caused to our health and environment.”

Of course, there are also all the PFAS that already exist in the environment — decades worth of “forevers” that have seeped into the groundwater or hang unassumingly in our closets. But as Ken Cook, the president and co-founder of Environmental Working Group, said in a statement Friday, the EPA’s move is a “first step to bring justice to those who have been harmed.” Hopefully, now the rest of the steps will follow.

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Sparks

The Mad Dash to Lock Down Biden’s Final Climate Dollars

Companies are racing to finish the paperwork on their Department of Energy loans.

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Heatmap Illustration/Getty Images

Of the over $13 billion in loans and loan guarantees that the Energy Department’s Loan Programs Office has made under Biden, nearly a third of that funding has been doled out in the month since the presidential election. And of the $41 billion in conditional commitments — agreements to provide a loan once the borrower satisfies certain preconditions — that proportion rises to nearly half. That includes some of the largest funding announcements in the office’s history: more than $7.5 billion to StarPlus Energy for battery manufacturing, $4.9 billion to Grain Belt Express for a transmission project, and nearly $6.6 billion to the electric vehicle company Rivian to support its new manufacturing facility in Georgia.

The acceleration represents a clear push by the outgoing Biden administration to get money out the door before President-elect Donald Trump, who has threatened to hollow out much of the Department of Energy, takes office. Still, there’s a good chance these recent conditional commitments won’t become final before the new administration takes office, as that process involves checking a series of nontrivial boxes that include performing due diligence, addressing or mitigating various project risks, and negotiating financing terms. And if the deals aren’t finalized before Trump takes office, they’re at risk of being paused or cancelled altogether, something the DOE considers unwise, to put it lightly.

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The Treasury Department building.
Heatmap Illustration/Getty Images

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Trump’s OMB Pick Wants to Purge the Government of ‘Climate Fanaticism’

Re-meet the once and future director of the Office of Management and Budget, Russell Vought.

Russ Vought.
Heatmap Illustration/Getty Images, Library of Congress

President-elect Donald Trump spent the Friday evening before Thanksgiving filling out nearly the rest of his Cabinet. He plans for his Treasury secretary to be a hedge fund manager who’s called the Inflation Reduction Act “the Doomsday machine for the deficit”; he’s named a vaccine safety skeptic to lead the Centers for Disease Control and Prevention; and his pick to head the Department of Labor is a Republican congresswoman who may want to ease the enforcement of child labor rules if confirmed.

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