By: Taya Fontenette, Policy and Research Coordinator

Per- and polyfluoroalkyl substances, abbreviated as PFAS, comprise up to 14,000 man-made compounds. Known as 'forever chemicals' due to their inability to naturally degrade, PFAS possess a remarkably stable structure that also allows them to resist water and grease. This class of chemicals has garnered widespread attention due to its pervasive use across various industrial sectors and everyday consumer goods, along with the associated risks to human health and the environment. Seamlessly integrating into various facets of modern products and processes, these compounds have become intricately woven into the fabric of contemporary life.

Water Filter Guru. Products that contain PFAS.

On September 6, 2022, the Environmental Protection Agency (EPA) proposed designating PFAS, specifically perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Recognized as two of the more extensively researched PFAS compounds, PFOA and PFOS are no longer permitted for production in the U.S. due to their association with significant health concerns, including links to cancer. The finalization of these designations would:

Mandate Reporting: Facilities nationwide would be required to report PFOA and PFOS releases meeting or exceeding specified quantities.
Empower Authorities: Federal, Tribal Nations, state, and local authorities would gain enhanced access to crucial release information.
Streamline Response: The EPA and other agencies could respond to releases without an immediate determination of imminent danger.
Ensure Consistency: National uniformity in the evaluation and cleanup of PFOA and PFOS, promoting better waste management practices.

The National Hazardous Superfund

The Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as Superfund, was enacted on December 11, 1980. This pivotal legislation imposed taxes on the chemical and petroleum industries, granting the federal government comprehensive authority to effectively address hazardous substance releases and potential threats to public health and the environment.

Under the EPA's management, the Superfund program plays an integral role in cleaning up the most polluted areas in the country and offering rapid assistance in the event of an emergency or natural disaster. CERCLA has established stringent prohibitions and requirements for uncontrolled and abandoned hazardous waste sites. The law holds individual entities accountable for hazardous waste releases, supplementing these efforts with a trust fund to facilitate cleanup in instances where no responsible party can be identified. This multifaceted approach is the basis for the nation’s commitment to environmental remediation.

Under Section 102 of CERCLA, the EPA Administrator is granted authority to revise hazardous substance specifications and designate additional substances posing substantial dangers. Currently, there are approximately 800 CERCLA hazardous substances subject to regulatory oversight. This dynamic and evolving framework highlights the adaptability and diligence of CERCLA in promoting ongoing remedial action.

The Rise of Forever Chemicals

Michigan DEQ. Routes of exposure for PFAS.

The world was first introduced to PFAS in the 1940s, when a DuPont employee accidentally discovered polytetrafluoroethylene (PTFE), which was later patented as Teflon. These chemicals are manufactured by introducing fluorine atoms to the hydrocarbon backbone, resulting in one of the strongest chemical bonds resistant to heat, stains, oil, and water. Due to the robust carbon-fluorine bond, PFAS does not naturally degrade and has the ability to bioaccumulate, building in the tissues of organisms over time. With diverse applications, including non-stick cookware, waterproof fabrics, firefighting foams, food packaging, and electronic manufacturing, PFAS have been ingrained into modern life.

Nevertheless, this scientific breakthrough came at a cost, as forever chemicals can be detected in our food, surface water, groundwater, air, and soil across the nation. PFAS, released into the environment through industrial processes and municipal wastewater systems, has the potential to disrupt marine ecosystems, affecting the reproductive and developmental processes of aquatic organisms. These substances can further infiltrate homes through tap water, establishing a direct pathway for human exposure. A 2020 Environmental Science & Technology Letters report revealed that over 200 million Americans may face regular exposure to PFAS in their drinking water. Co-author Olga Naidenko, Ph.D., emphasized the alarming extent of PFAS pollution, stating, “This new paper reveals that PFAS contamination is affecting even more Americans than we previously estimated. PFAS are likely detectable in all major water supplies in the U.S., almost certainly in those that rely on surface water.” The intricate web connecting industrial discharges, marine ecosystems, and the human water supply underscores the intricate and far-reaching challenges posed by PFAS contamination.

This widespread contamination has implications for public health, as individuals may unwittingly ingest these contaminants, leading to potential health risks associated with PFAS exposure. The bioaccumulation of high levels of PFAS over extended periods has been linked to adverse health effects, as indicated by research from the Centers for Disease Control and Prevention (CDC). These effects include an elevated risk of kidney and testicular cancer, low birth weight, increased cholesterol and blood pressure, and a diminished response to vaccines. Despite its evident widespread use and associated harm, PFAS currently lacks federal regulation.

Despite decades of awareness, the EPA has failed to take substantial action to hold polluters accountable for PFAS hazards. Since 1999, the CDC has been monitoring levels of at least 12 PFAS in U.S. citizens through the National Health and Nutrition Examination Survey (NHANES). During the 1999-2000 national sampling, PFAS was detected in over 98 percent of blood serum samples obtained from the general population, highlighting widespread exposure to these chemicals. While the production and use of PFOS and PFOA in the United States have decreased since 2002, resulting in significant reductions of over 85% and 70% in blood PFOS and PFOA levels from 1999-2000 to 2017-2018, respectively, the phased-out usage of these compounds has led to exposure to other PFAS. This is evident in the development of the more toxic GenX chemical, which was intended to replace PFOA.

Water Quality Testing Study Along the Lower Mississippi River

The Water Collaborative of Greater New Orleans. 2022 Water Quality Testing Report of the Mississippi River.
Results map: a dot indicates a site where sampling was taken; stars indicate that a contaminant was detected at the site sampled.

The Lower Mississippi River, spanning 85 miles between Baton Rouge and New Orleans in Louisiana, serves as an industrial corridor housing over 150 petrochemical facilities. This region, contributing a substantial 25% to the total U.S. petrochemical production, has been dubbed "Cancer Alley" due to the significantly high rate of cancer diagnoses among its residents.

In an effort to address the information gap concerning water quality issues in the Mississippi River, especially its role as a drinking water source, The Water Collaborative of Greater New Orleans launched a comprehensive Water Quality Testing Study in 2022. The study aimed to conduct a screening-level survey of 28 PFAS as well as BTEX and 1,4-dioxane and their concentrations in the surface water and sediment across 31 sites along the Lower Mississippi River.

Results from the study revealed the presence of PFAS compounds in water samples from five locations, including Pointe Coupee, Ascension, and St. James parishes. Specifically, PFOS was detected at two locations, and PBFA (perfluorobutanoic acid) was identified at four locations. This data emphasizes the urgent need for ongoing monitoring and regulatory measures to address the pervasive and potentially harmful presence of PFAS in water sources and mitigate the impact of these substances on public health and the ecosystem.

Learn more about the 2022 Water Quality Testing Study and view the full reports.

Conclusion

In the intricate landscape of safeguarding public health, the challenges presented by PFAS reveal a narrative involving legislative responses, regulatory considerations, and a pressing demand for immediate enforcement actions. State legislatures are taking action to tackle the challenges and threats posed by these toxic substances. Currently, there are more than 100 PFAS-related regulatory policies implemented across 25 states. These policies cover a range of measures, including setting maximum contaminant levels, prohibiting certain uses of PFAS, and establishing regulations for monitoring and notification.

A federal designation of PFOA and PFOS could potentially lead to a significant increase in both the number and duration of remediation activities at closed, active, and new Superfund sites. The proposed designations not only mandate nationwide reporting but also empower authorities, streamline responses, and ensure consistency in the evaluation and cleanup processes. The Potential Responsible Parties (PRPs) will include manufacturers and importers of PFOA and PFOS, businesses involved in the production or utilization of products containing these chemicals, and waste management and wastewater facilities responsible for treating them. Designating PFAS as CERCLA hazardous substances would help ensure that releases of these dangerous chemicals are investigated, timely reported, and fully remediated. The multifaceted approach of CERCLA underscores its commitment to environmental protection and the mitigation of the pervasive presence of PFAS in water sources, safeguarding public health and the ecosystem.

In collaboration with 88 organizations, the Southern Environmental Law Center submitted public comments to the EPA, outlining recommendations. The proposal strongly advocates for formally including PFAS as a class on the CERCLA list of hazardous substances, alongside the identification of the most dangerous individual substances. Furthermore, this proposal calls for an extension of CERCLA liability to encompass all sources of PFAS, eliminating exemptions for specific entities or activities. The uncontrolled and undisclosed discharge of contaminants has been a violation of federal law since the passing of the Clean Water Act of 1972; the time for strict enforcement is now.

Latest Updates

The EPA pushed the timeline for the final rule on PFAS CERCLA designation from August 2023 to February 2024.

In the coming weeks, the EPA plans to publish two proposals in the Federal Register. The proposed rule titled "Definition of Hazardous Waste Applicable to Corrective Action from Solid Waste Management Units" will be open for public comment for 30 days. This modification aims to clarify the authority of both the EPA and authorized states to require the comprehensive cleanup of substances specified in the Resource Conservation and Recovery Act (RCRA). Additionally, the proposed rule titled "Listing of Specific PFAS as Hazardous Constituents" will have a 60-day public comment period.