PFOA

January 14, 2025

PFAS in sludge spread on farmland poses health risks, EPA report says

By Shannon Kelleher and Carey Gillam

US regulators on Tuesday added to growing concerns about the long-standing practice of using sewage sludge to fertilize farmland, releasing a report warning that chemicals contaminating the sludge pose heightened human health risks for cancer and other illnesses.

The Environmental Protection Agency (EPA) said two types of hazardous per- and polyfluoroalkyl substances (PFAS) widely found in sewage sludge, a byproduct of wastewater treatment, can contaminate the milk, eggs and meat that come from farm animals raised on agricultural land where the sludge has been applied. Those “exposure pathways” are among multiple ways in which people can be at risk, the EPA said.

The agency focused on perfluorooctane sulfonic acid (PFOS) and perfluorooctanoic acid (PFOA), two well-studied types of PFAS chemicals linked to testicular and kidney cancer as well as liver problems. The EPA last spring designated PFOS and PFOA as hazardous substances under the so-called Superfund law and announced the first legally enforceable limits for the two chemicals and four other types of PFAS in drinking water.

The EPA said that though the majority of US food crops are not grown with the use of sewage sludge as a soil conditioner or fertilizer, because of the “extreme persistence” of PFOA and PFOS in soils, land where sewage sludge was applied years ago may still be contaminated.

The agency’s draft risk assessment, which was made publicly available Jan. 14, said that “under certain scenarios and conditions,” land-applying or disposing of sewage sludge containing 1 part per billion (ppb) or more of PFOA or PFOS “could result in human health risks exceeding the agency’s acceptable thresholds for cancer and noncancer effects.”

September 17, 2024

Debate grows over whether some PFAS chemicals have a place in clean energy

By Shannon Kelleher

As the planet warms at an alarming rate, culminating in the hottest summer on record, nations worldwide are rapidly scaling up so-called clean energy technologies that can replace the world’s dependence on climate change-inducing fossil fuels.

More than 100 countries last year committed to triple renewable energy capacity by 2030 to try to slow climate change and reduce the related devastating human and environmental toll from increasingly frequent and extreme weather events.

In the United States, manufacturers of electric vehicles (EVs) and EV batteries have announced more than $188 billion in investments over the last nine years, with most of the money committed during the last two. And this May, the US Department of Energy (DOE) announced a $71 million investment in projects to expand access to solar power – dubbed the “cheapest form of energy” by the DOE.

But behind the enthusiasm lies a little-discussed but looming concern. Many of these technologies being heralded as tools to turn back climate change rely on fluoropolymers, a family of plastics that are part of a class of chemicals known as per- and polyfluoroalkyl substances (PFAS). Many types of PFAS are considered so hazardous that the US and many other countries have targeted them for elimination.

PFAS have been identified as ubiquitous environmental pollutants that don’t break down naturally, with several linked to a range of human health problems. Fluoropolymer safety for humans and the environment is still a matter of debate.

But the paradox of boosting the use of potentially harmful types of PFAS chemicals in order to create technologies that can address harmful climate change is stirring debate among some experts and prompting a deeper look at the pursuit of “clean energy”.

“Obviously, the green energy transition is very important,” said Ian Cousins, a professor at the University of Stockholm in Sweden who studies the environmental impact of PFAS. “I don’t want to hinder that. But at the same time… the green industry should be not just green energy but green in every regard.”

July 26, 2024

EPA has failed to protect consumers from PFAS-laced containers, lawsuit alleges

By Shannon Kelleher

US regulators have failed to protect the public from millions of plastic containers that contain toxic PFAS chemicals, which can leach into pesticides, condiments, household cleaners, and many other products, alleges a lawsuit filed this week by environmental groups.

The lawsuit, filed Thursday in the US District Court for the District of Columbia, alleges that the US Environmental Protection Agency (EPA) violated the Toxic Substances Control Act (TSCA) by neglecting to demand that manufacturers stop making containers using a fluorination process that results in per-and polyfluoroalkyl substances (PFAS).

When the EPA proposed drinking water regulations for six PFAS chemicals in March 2023, the agency stated it had determined there is no safe level of perfluorooctanoic acid (PFOA), and that this type of PFAS is likely to cause cancer. Under the TSCA, the agency had six months to start addressing PFOA’s presence in plastic containers but failed to do so, allege the Center for Environmental Health (CEH) and Public Employees for Environmental Responsibility (PEER).

“EPA’s failure to protect the public from exposures to toxic PFOA in their daily lives is inexcusable and reflects a severe leadership deficit at the agency,” said Kyla Bennett, science policy director for PEER, in a statement.

The EPA declined to comment, citing pending litigation.

PFOA is one of thousands of PFAS chemicals, which do not break down naturally in the environment and are found in the blood of most Americans. PFAS are in many everyday products, including nonstick cookware, dental floss, rain gear, and makeup.

July 8, 2024

Electric vehicle batteries adding to toxic PFAS pollution, study finds

By Shannon Kelleher

A type of toxic PFAS in lithium-ion batteries that power electric vehicles and other electronics is polluting air, soil and water in the United States and Europe, adding to concerns that the growing clean energy sector could harm the environment even as it strives to combat climate change, according to a new study.

Researchers said they analyzed samples of soil, sediment and surface water collected in 2022 near manufacturing plants in Minnesota, Kentucky, Belgium, and France, finding they were commonly contaminated with a subtype of per- and polyfluoroalkyl substances (PFAS) called bis-perfluoroalkyl sulfonimides (bis-FASIs) at concentrations in the parts per billion.

The study, published Monday in the journal Nature Communications, also found that bis-FASI emitted into the air at these sites may travel long distances, potentially polluting areas far from the facilities where they are made and used.

“If we are not careful about the choices of materials and chemicals used in renewable energy technologies, then it is a concern that this may become a new source of PFAS pollution,” said Ariana Spentzos, a science and policy associate at the Green Science Policy Institute. Spentzos was not involved in the study.

“However, it is a false choice to choose between renewable energy and less PFAS pollution,” she added, noting that there are viable alternatives for many uses of PFAS in renewable energy.

April 19, 2024

EPA moves to make polluters foot the bill for PFAS cleanup

By Shannon Kelleher

US regulators on Friday finalized a rule designating two widespread PFAS chemicals as hazardous substances, a step they say will ensure polluters pay to clean up contamination and reduce Americans’ exposure to the toxic chemicals.

Under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Superfund law, the rule will require leaks and spills of these per- and polyfluoroalkyl substances (PFAS) to be immediately reported and will enable investigation and cleanup of the chemicals.

The finalized rule “enables the agency to use one of its strongest enforcement tools to compel polluters to pay for or conduct investigations and cleanup, rather than taxpayers,” said the US Environmental Protection Agency (EPA) in a press release. “Designation is especially important as delay in addressing contamination allows PFOA and PFOS more time to migrate in water and soil, worsening existing contamination.”

“This is great news for the many communities grappling with PFAS contamination – many of which are also low income and communities of color,” said Tracey Woodruff, an environmental health researcher at the University of California, San Francisco and a former EPA senior scientist.

The move comes days after the EPA announced the nation’s first legally enforceable drinking water limits for the same chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), along with four other PFAS.

So-called “forever chemicals,” which do not break down naturally, have been used for decades in consumer products ranging from nonstick pans to waterproof clothes and stain resistant carpet. Exposure to PFAS has been linked to cancers, liver and heart problems, and immune and developmental damage in children, according to the EPA. The chemicals are found in the blood of almost all Americans.

April 12, 2024

Firefighting foam company reaches $750 million PFAS settlement

By Shannon Kelleher

The company Tyco Fire Products today reached a $750 million settlement to help resolve claims related to its firefighting foam, which allegedly contaminated drinking water systems with harmful PFAS chemicals for decades.

Once the settlement is approved, an estimated 7,000 to 8,000 US public water systems could receive money to treat contaminated drinking water, said Joe Rice, co-lead attorney for the plaintiffs with the Motley Rice law firm. Water systems that test positive for PFAS by May 15 may be eligible to benefit from the settlement.

“$750 million towards this problem, that is a huge contribution,” said Rice.

Tyco, a subsidiary of Johnson Controls, does not admit liability or wrongdoing by agreeing to the settlement.

The announcement builds on last summer’s landmark settlements from the companies 3M, Dupont, and others, which could total up to nearly $14 billion to assist affected water systems as they test for and clean up PFAS contamination. 3M’s settlement received final approval April 1.

Earlier this week, US regulators announced the nation’s first legally enforceable limits for levels of six toxic per- and polyfluoroalkyl substances (PFAS) in drinking water, a move the US Environmental Protection Agency (EPA) says should prevent thousands of deaths and reduce serious illnesses in people across the country.

April 10, 2024

“A huge victory for public health”: EPA set limits on PFAS toxins in drinking water

By Shannon Kelleher

US regulators on Wednesday put in place the nation’s first legally enforceable limits for levels of six toxic PFAS chemicals in drinking water, saying the moves should prevent thousands of deaths and reduce serious illnesses in people across the country.

The rule is designed to reduce exposure to these per-and polyfluoroalkyl substances (PFAS) – also called “forever chemicals” – for about 100 million people nationwide, according to the US Environmental Protection Agency (EPA). Exposure to PFAS has been linked to “deadly cancers, impacts to the liver and heart, and immune and developmental damage to infants and children, the EPA said.

“Today we can celebrate a huge victory for public health in this country,” Rob Bilott, a lawyer who has become famous for his work against PFAS, said in a statement. Bilott has spent decades pushing for PFAS regulations and to hold PFAS manufacturers accountable for releasing the dangerous chemicals into the marketplace.

“It should never have taken this long to address such serious threats to public health and our environment,” Bilott said, noting that he first alerted the EPA to the presence of PFAS in US drinking water more than twenty-three years ago.

The new rule sets a limit of four parts per trillion (ppt) for two types of PFAS – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), which are both known to be particularly hazardous.

The EPA acknowledged that there is “no level of exposure to these contaminants without risk of health impacts, including certain cancers,” and said it was setting a “non-enforceable health-based goal,” at zero for PFOA and PFOS.

March 25, 2024

US court blocks EPA order to eliminate PFAS in plastic containers

By Shannon Kelleher

A US appeals court has vacated an action by the US Environmental Protection Agency (EPA) ordering a company to stop producing plastic containers that leach toxic per- and polyfluoroalkyl substances (PFAS) into pesticides, household cleaners, condiments, and many other products.

The 5th US Circuit Court of Appeals on March 21 ruled that the EPA exceeded its statutory authority when it issued orders to Texas-based Inhance in December prohibiting the company from manufacturing or processing PFAS through its fluorination process for containers.

The EPA move came after the agency determined that types of PFAS created during the fluorination process “are highly toxic and present unreasonable risks that cannot be prevented other than through prohibition of manufacture.”

The agency issued the orders under the Toxic Substances and Control Act (TSCA), which authorizes the EPA to regulate and screen chemicals produced or imported into the US.

But Inhance challenged the EPA’s action, arguing that the EPA improperly sought to take action against the company under a section of TSCA dealing with new uses of chemicals, and that Inhance’s process did not constitute a new use.

The court agreed that the fluorination technique Inhance uses to prevent liquids from leaking out of its plastic containers – a process that creates PFAS chemicals – does not count as a significant new use since Inhance has been using this process since 1983.

March 21, 2024

Warnings of a “wave of lawsuits” as PFAS exemption debated

By Shannon Kelleher

Representatives of US water and waste systems told US lawmakers this week that hundreds of such operations across the nation could face unintended and overwhelming liabilities unless they are exempted from a proposal that would designate two types of per- and polyfluoroalkyl substances (PFAS) as hazardous substances.

The rule proposed by the Environmental Protection Agency (EPA) sets up “multiple avenues to drag innocent parties into extremely costly and complex litigation,” Michael Witt, a lawyer speaking on behalf of a coalition of water groups, told members of the US Senate Committee on Environment and Public Works in a hearing Wednesday.

Witt was one of multiple witnesses to address the committee on the hotly contested issue of how the government should address widespread PFAS environmental contamination. The EPA said in 2022 that it was preparing to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) because they present “a substantial danger to human health or welfare and the environment.”

Such a designation allows the government to order responsible parties to clean up the environmental contamination and bear the costs of mitigation. The “polluter pays’ model is a core principle of CERCLA.

The debate now underway is about whether to provide an exemption from liability for “passive receivers” of PFAS – entities that don’t make or use PFAS but wind up with the chemicals in their water, land and waste. The EPA has said it won’t assign liability to passive receivers, but Witt and others speaking at the hearing said there is still concern that such entities could become embroiled in lawsuits over chemicals they never used or produced.

February 22, 2024

Texas farmers, watchdog group demand EPA act on PFAS in farm fertilizer

By Shannon Kelleher

In the wake of fresh evidence that US farms are being poisoned by PFAS-laden fertilizers, a watchdog group and two Texas farm families said Thursday they plan to sue regulators to try to force protective actions.

The Environmental Protection Agency (EPA) has violated the Clean Water Act by failing to regulate at least 12 per- and polyfluoroalkyl substances (PFAS) in treated sewage sludge (biosolids) applied to agricultural lands, allege Public Employees for Environmental Responsibility (PEER) and the farmers in a notice of intent to sue sent Feb. 22 to EPA Administrator Michael Regan. Studies have linked these particular PFAS chemicals to asthma, disrupted thyroid hormones, immune suppression, kidney problems, lung issues in children, and other health effects, the letter says.

The agency has also unlawfully failed to include in its regular biosolids reports at least 18 additional PFAS chemicals that scientific studies indicate are present in biosolids, PEER and the farmers allege.

PEER and the farmers will sue the EPA within 60 days if the agency does not take immediate action, said PEER executive director Timothy Whitehouse in the notice of intent to sue.

“EPA has deemed it acceptable for biosolids containing PFAS and other known toxic chemicals to be applied directly to soil as fertilizer, where these man-made contaminants then build up in the environment, exacerbating the PFAS contamination crisis,” wrote Whitehouse. “This is not protective of human health or the environment.”

“Because there are no standards, farmers, ranchers, and gardeners have no warning that they are potentially poisoning their soil, water, livestock, and pets with these biosolid fertilizer products,” Kyla Bennett, director of science policy for PEER, said in a press release. “Prompt, responsible regulatory action by EPA would prevent untold damage and heartache.”