Oct. 9, 2020
The incineration already took place, or is taking place now, across the country. The lawsuit was filed on behalf of environmental and community groups.
Toxic chemicals known as PFAS have been in the news for the last several years due to their harmful health impacts and widespread contamination of drinking water sources across the country. PFAS can now be found in everyday products like waterproof jackets and nonstick pans. They’ve also been detected in the drinking water supplies of major cities like New York, Washington, D.C., and Chicago.
Though regulators have been aware of the PFAS crisis for some time, the federal EPA’s plan to address PFAS contamination falls far short of what’s needed to protect communities.
“This is an action plan with no action,” says Suzanne Novak, an Earthjustice attorney working to address PFAS contamination. “It is a long list of initiating steps that EPA should have been doing for the past few years, but no concrete actions.”
Here’s a breakdown of what PFAS are, why they’re harmful, and what we can do to protect ourselves from them. (Download PDF fact sheet on PFAS.)
“PFAS” is short for per- and polyfluoroalkyl substances. Chemicals in this class of more than 5,000 substances are found in products like nonstick pans (e.g. “Teflon”), food packaging, waterproof jackets, and carpets to repel water, grease, and stains. They’re also used in firefighting foam often used on military bases and at commercial airports. Even personal care products like waterproof mascaras and eyeliners, sunscreen, shampoo, and shaving cream can contain PFAS.
PFAS don’t easily break down, and they can persist in your body and in the environment for decades. As a result of their pervasiveness, more than 95 percent of the U.S. population has PFAS in their bodies, according to the Centers for Disease Control and Prevention (CDC).
According to one senior CDC official, the presence and concentration of PFAS in U.S. drinking water presents “one of the most seminal public health challenges for the next decades.”
Chemical manufacturers like DuPont and 3M have covered up evidence of the negative human and environmental impacts of PFAS since the 1960s.
But mounting research links PFAS to a wide range of health problems. Studies of the best-known PFAS, called PFOA and PFOS, show links to kidney cancer and testicular cancer, as well as endocrine disruption in humans. Scientists have also discovered unusual clusters of serious medical effects in communities with heavily PFAS-contaminated water, many of which are near military bases. Finally, several recent studies have shown a link between COVID-19 and PFAS, suggesting that PFAS exposure may increase the risk of contracting infectious diseases like COVID-19 and reduce the effectiveness of vaccines.
First-generation PFAS are so toxic, in fact, that U.S. manufacturers largely phased them out by 2015, though U.S. law doesn’t prohibit companies from importing them. Now, against the advice of more than 200 international scientists, chemical companies have replaced first-generation PFAS with other chemicals in the PFAS family. New PFAS such as GenX act a lot like old PFAS. Early studies show that they are similarly dangerous.
Drinking water is one of the most common routes of exposure. PFAS have so far polluted the tap water of at least 16 million people in 33 states and Puerto Rico, as well as groundwater in at least 38 states.
PFAS contaminate water supplies through two main sources: firefighting foam and industrial discharges. For decades, the U.S. military has used firefighting foam containing PFAS in training exercises at hundreds of bases around the country. Commercial airports can also use PFAS-containing foam, though they’re no longer legally required to. A Department of Defense report released in March 2020 shows that more than 600 military sites and surrounding communities could be contaminated with PFAS.
The industrial release of PFAS is another major source of water and air contamination. In 2016, researchers discovered troubling levels of GenX and other next-generation PFAS in North Carolina’s Cape Fear River. The source is a chemical manufacturing plant owned by The Chemours Company, a spin-off of DuPont. Communities in New Hampshire and elsewhere are also struggling with releases of PFAS into the air.
Avoid items that tout “nonstick” or “waterproof” properties, as they can contain PFAS; reduce or eliminate fast food and carry-out items; and check beauty product labels for the term “fluoro,” which indicates a fluorinated chemical. Even dental floss can contain PFAS.
Consumers can also contact brands to tell them to stop using PFAS in their products. Companies including IKEA, H&M, and Crate & Barrel are already eliminating highly fluorinated chemicals like PFAS from their product lines. In addition, major restaurant chains like Chipotle and Taco Bell have pledged to remove PFAS from their food packaging. However, we need stricter government regulation of PFAS in order to be truly protected.
Eliminating PFAS from consumer products not only reduces demand for production, it protects our air and water from contamination.
State governments are taking the lead on protecting people from PFAS. As just a few examples, Wisconsin, has passed a law restricting the use of firefighting foam containing PFAS, and similarly measures have been adopted in several states. New York has restricted state agencies from purchasing food containers that include PFAS, and the legislature passed a bill this summer that would ban the sale of PFAS-containing food packaging, which is awaiting the governor’s signature.
On the federal level, the National Defense Authorization Act (NDAA) for FY 2020 included PFAS-related provisions that significantly restrict the use of these chemicals by the Department of Defense (DOD), a major source of industrial-scale PFAS contamination. These provisions also expand requirements for disclosure and information gathering related to PFAS beyond the military context. In addition, the House of Representatives, including 24 Republicans, passed a package of significant PFAS legislation in January, including provisions requiring the EPA to mandate the cleanup of sites contaminated with PFOA and PFOS and require a national drinking water standard for PFAS within two years. The PFAS Action Act has an uncertain future in the Senate and is currently being blocked by the White House. However, it’s likely that it will be reintroduced in the new Congress.
All of these efforts are good first steps, but regulators and legislators must do more to protect communities from PFAS. The EPA has known for decades about the dangers of these toxic chemicals. Yet the agency only recently jumped into action, largely due to pressure from lawmakers in states like Michigan, New York and North Carolina, where PFAS water contamination is widespread. Even with bipartisan congressional efforts, states are leading the way in establishing water and cleanup regulations and the EPA continues to drag its feet.
PFAS contamination is a multi-faceted problem, so we need multi-faceted solutions, including:
Ensuring the government follows the law on PFAS protections. On behalf of environmental and community groups, Earthjustice sued the Department of Defense in February over its contracts to burn millions of gallons of unused firefighting foam containing PFAS in incinerators across the country. According to government documents, PFAS incineration already took place, or is taking place in the towns of East Liverpool, Ohio; Arkadelphia and El Dorado, Arkansas; and Cohoes, New York. The contracts also authorize PFAS incineration in other locations, including Port Arthur, Texas, and Sauget, Illinois. Incineration may already be underway in those cities and other unknown locations, but DOD has not fully responded to FOIA requests seeking a full list of incineration locations.
Pushing for stronger federal legislation to address PFAS contamination. We’ve filed comments on behalf of children, women, health, environmental and conservation organizations, in response to the EPA’s request for information on specific near-term actions that the agency should take to address PFAS. Earthjustice has also filed comments related to how communities are notified when PFAS are released, pretreatment standards for PFAS under the Clean Water Act, and manufacturers’ applications to EPA to approve three proposed new PFAS. Read some of the comments:
Pressing for stronger implementation of state PFAS laws. After dedicated Earthjustice advocacy, in July 2020, New York State passed a groundbreaking drinking water standard that requires regulators to test for and remove two PFAS chemicals. Though a good first step, clean water organizations emphasized that the state must do more to cut off our exposure to these toxic chemicals by regulating the entire class of PFAS.
Obtaining medical monitoring for communities impacted by PFAS contamination. In October 2018, Earthjustice attorneys successfully argued against a federal immunity defense that tried to bar residents living near military bases in southeastern Pennsylvania who were exposed to high levels of PFAS from seeking justice through the U.S. legal system. Unfortunately, a U.S. district court judge tossed the lawsuit in January, largely due to the unregulated legal status of PFAS. The lawsuit cannot move forward until federal and state regulators do their jobs and take action on these chemicals.
Earthjustice also submitted a court brief advocating for medical monitoring for residents of Hoosick Falls, New York, who were exposed to PFAS contamination after companies discharged PFOA into nearby groundwater and the municipal drinking water supply. In May 2020, an appeals court agreed that medical monitoring claims for all exposed residents could proceed, regardless of whether they were already sick. Because there are only a handful of similar cases on the books, this victory provides much needed support for communities that are seeking ways to protect themselves and hold polluters accountable.