EcoPerspectives Blog
Action to Protect Public Health and the Environment Must be Taken PFAST
By Ashton Danneels, Staff Editor for the Vermont Journal of Environmental Law
May 3, 2024
Non-stick pans, waterproof clothing, popcorn bags, and firefighting foam, what do these items have in common? They all contain PFAS.
Per- and polyfluoroalkyl substances (PFAS) have garnered significant attention in recent years due to their ubiquitous presence in various consumer products and the detrimental health effects associated with exposure. Scientific evidence indicates a connection between PFAS contamination and health effects such as elevated cholesterol levels, kidney cancer, ulcerative colitis, thyroid disease, testicular cancer, and pregnancy-induced hypertension. These “forever chemicals” have posed a significant challenge to regulators and communities alike, prompting decisive action to mitigate their adverse impacts. PFAS stand out due to their unique chemical structure, to make a PFAS molecule, you replace hydrogen with fluorine in a carbon chain. This alternation makes PFAS incredibly persistent and resistant to degradation, as breaking a carbon-fluorine bond requires substantial energy. This distinct structure sets PFAS apart from other chemicals and contributes to their persistence in the environment. Because of this persistence and the fact they are used in so many consumer products, making their way into water supply; 98% of 99% of people have PFAS in their bodies. Currently, the EPA is only able to regulate 29 of the nearly 15,000 synthetic chemicals. This blog post delves into PFAS regulation and the significance of these efforts in safeguarding public health and the environment.
Understanding PFAS
Manufacturers have been producing and utilizing PFAS, which are synthetic chemicals, in a wide array of industrial and consumer products since the 1940s. From non-stick cookware to waterproof clothing, PFAS have found their way into countless everyday items due to their desirable properties such as water and stain resistance. However, their persistence in the environment and bioaccumulative nature have raised concerns regarding their long-term effects on human health and ecosystems. These compounds endure long after their initial use, accumulating in the bloodstreams of people and animals worldwide. The true extent of PFAS contamination in water, soil, and air is still undetermined.
The Regulatory Landscape
Efforts to regulate PFAS have intensified in recent years, driven by mounting evidence of their harmful effects and growing public awareness. The EPA has recognized the urgent need for action but has left most regulatory measures up to the states to take action to address PFAS contamination and protect their communities from exposure. Particularly, the Biden-Harris Administration has prioritized the issue, recognizing the urgent need for action. For example, the Administration has proposed the first ever national drinking water standard , which will set enforceable levels for six PFAS that are known to contaminate drinking water. There are also efforts by the Administration to understand the difference sources and pathways of human exposure to PFAS, which is important in the mitigation effort. They have also created a PFAS strategy team, hopefully these efforts will create actionable steps to address this pervasive problem.
Proposed Rules by EPA
The EPA has proposed a rule in February, 2024 aimed at bolstering its approach to tackling PFAS pollution:
Modification of Hazardous Waste Definition: The EPA is proposing to modify the definition of hazardous waste under the Resource Conservation and Recovery Act (RCRA) to ensure clearer authority for addressing emerging contaminants like PFAS. The proposed rule includes defining nine specific PFAS (including PFOA and PFOS) as hazardous constituents under RCRA. This stems from EPA’s evaluation of scientific studies, confirming these six PFAS exhibit toxic, carcinogenic, mutagenic, or teratogenic effects, meeting the standard of a hazardous constituent. If finalized, facilities subject to RCRA corrective action requirements will be required to consider and potentially remediate these PFAS during the cleanup process at treatment, storage, and disposal facilities. This modification would empower regulators to compel cleanup efforts at permitted hazardous waste facilities, thereby enhancing protections for communities and the environment. This proposed rule would mark a good start, as PFAS have not been labeled as hazardous constituents before, meaning they were not as severely regulated under RCRA.
Global Concerns and Advocacy
Concerns regarding PFAS contamination have also come to an international forefront. The United Nations has criticized chemical companies like DuPont and Chemours for their role in perpetuating PFAS pollution, particularly in communities such as those along the lower Cape Fear River in North Carolina. In response to a complaint filed with the UN about the PFAS contamination in the drinking water by Clean Cape Fear, a community action group, the UN has issued letters to the chemical manufacturers, citing human rights violations. This continued advocacy work will hopefully begin to hold the chemical manufacturers liable for the pervasive problem of PFAS contamination. The UN’s scrutiny highlights the need for concerted efforts to hold polluters accountable and prioritize the rights and well-being of affected populations.
Legislative Action and Community Advocacy
In addition to regulatory measures, proponents have proposed legislative initiatives to comprehensively address PFAS contamination. The bipartisan PFAS Action Act represents a significant step forward in this regard. The proposed legislation seeks to establish national drinking water standards for key PFAS compounds, designate PFAS as hazardous substances, and implement measures to mitigate contamination and protect vulnerable communities. Additionally, it will accelerate the designation of certain PFAS as hazardous substances, set discharge limits on industrial releases which will prohibit unsafe incineration, and require comprehensive health testing. It also includes provisions for assisting schools and childcare facilities in addressing PFAS contamination and ensuring manufacturers provide reference standards to expedite mitigation efforts. Endorsed by various environmental organizations, such as the NRDC, the PFAS Action Act reflects a collaborative effort to enact meaningful change and safeguard public health.
States are actively safeguarding individuals from PFAS exposure, with 28 states implementing 141 policies and 34 states introducing 277 policies to protect residents from contamination. For instance, New York enacted legislation mandating manufacturers of children’s products containing hazardous chemicals to notify both the state and retailers, leading to a ban on PFAS-containing products. In 2023, a proposed bill required disclosure of PFAS chemical amounts in discharges into state waterways by publicly owned treatment works and industrial waste dischargers. Another bill aimed to prohibit the sale of covered products, including textiles, rugs, cookware, and cleaning products, containing PFAS. These actions underscore how are leading the charge in regulating PFAS and reducing human exposure.
Conclusion
The regulation of PFAS represents a multifaceted endeavor encompassing regulatory, legislative, and advocacy-driven approaches. As scientific understanding of PFAS continues to evolve and awareness of their impacts grows, stakeholders must remain vigilant in addressing this pervasive environmental and public health challenge. Implementing robust regulatory frameworks, enacting supportive legislative, and fostering community engagement can help us strive towards a future where we effectively manage the risks associated with PFAS.