Kirsten Gillibrand seeks new regulations for perfluoroalkyl, polyfluoroalkyl

New federal guidelines proposed by Sen. Kirsten Gillibrand to regulate “forever chemicals” and hold polluters accountable could lead, she says, to cleaner drinking water on Long Island.

The proposal would require the Environmental Protection Agency to limit perfluoroalkyl and polyfluoroalkyl substances, a class of human-made chemicals known as PFAS, from seeping into waterways by placing limits on industrial discharge.

The chemicals, which break down slowly in the environment, have been used in an array of products including nonstick cookware, weatherproof clothing, waterproof mascara and firefighting foam. Studies have shown that exposure to PFAS is linked to health issues such as cancer, liver disease and low birth weight.

“Companies that manufacture products containing PFAS often dump these chemicals right into the water,” Gillibrand (D-N.Y.) said at a news conference at the Quogue Wildlife Refuge on Friday announcing her legislation targeting the chemicals. “We should not have to worry about these toxins in our drinking water.”

Gillibrand’s bill identifies eight priority industries including organic chemicals, plastic and synthetic fibers, electroplating and metal, textile mills and landfills, leather tanning, paint formulating and plastics molding and forming.

The bill would set deadlines for the EPA to establish wastewater standards for those industries and require the agency to monitor three other industries — pulp, paper and paperboard, airports, and electronic components — to determine whether further limitations are necessary.

It would authorize $200 million per year in grants to assist publicly owned utilities to implement pretreatment programs and other programs to combat PFAS contamination from 2024 to 2028.

Gillibrand proposed a similar bill in May 2022 but no vote was taken on it.

Adrienne Esposito, executive director of the Farmingdale-based Citizens Campaign for the Environment, said the chemicals have become “ubiquitous” in water supplies. The organization compiled a map showing how widespread PFAS contamination is in public water supplies on Long Island.

A report released earlier this month by the United States Geological Survey found that at least 45% of the nation’s tap water is contaminated with PFAS.

“So many of these chemicals are products to sell us convenience. These nonstick chemicals stick with us,” said Louise Harrison, a manager at Save the Sound, a regional environmental nonprofit. “The convenience of PFOS-treated consumer products can condemn us to lifetimes of poor health.”

In March, the EPA proposed an allowable limit of four parts per trillion — lower than New York’s current standard of 10 parts per trillion. The EPA has not finalized those regulations but is expected to this year.

The proposed regulations and inclusion of funding were applauded by lawmakers from Southampton, which has grappled with water quality issues in recent years.

“We see on the ground level what is needed to remediate PFAS in our water,” Southampton Councilman Tommy John Schiavoni said, highlighting two recent water quality efforts.

A $4 million effort is underway in Westhampton Beach to investigate contamination at Francis S. Gabreski Airport, which was declared a Superfund site in 2016.

In East Quogue, the town partnered with Suffolk County Water Authority to connect 115 homeowners with private wells to the public water supply in 2020.

The town also used state grant funding to install a carbon filtration system in Hampton Bays after two contaminated wells were shut down in 2017. 

Gillibrand said Friday that she plans to reintroduce the legislation when the Senate session reconvenes in September and vowed to work across party lines to get it approved. If passed, regulations would take effect in 2024.

“PFAS affects people everywhere — red places, blue places, it’s indiscriminate,” the senator said.