There has been significant activity in the first half of this year regarding per- and polyfluoroalkyl substances (PFAS), or fluorotechnology.
PFAS are vital to enabling our lives in the 21st century.
PFAS are a large and diverse universe of chemistries that make possible the products that power our lives — the cellphones, tablets and telecommunications we use every day to connect with our friends and family; the aircraft that powers the U.S. military; alternative energy sources; and medical devices that help keep us healthy.
We wanted to provide a snapshot of key events and activities so far in 2021.
Vermont DEC Concludes “not feasible” to regulate PFAS as a class
In April 2021, the Vermont Department of Environmental Conservation, which was specifically charged by the legislature to develop a class regulation or to explain why such a regulation wasn’t possible, determined it is “not feasible” at this time to regulate PFAS as a class. We agree that attempts to regulate PFAS as a class are neither scientifically defensible nor appropriate, though the grouping of some substances within the class based on similar physical, chemical, and biological properties may be possible.
New Paper Provides Context, Details on Number of Compounds Existing in Current Commercial Market
In May 2021, three member companies of the American Chemistry Council’s Performance Fluoropolymer Partnership (PFP) published a new paper that provides important context and clarity on the number of commercially relevant PFAS compounds that exist today. This paper is significant because some authorities claim that attempting to regulate many thousands of different substances would be unmanageable and could only be done by an unscientific ‘one size fits all’ regulatory approach. However, this research indicates that the number of commercially relevant PFAS in the market today numbers more likely in the hundreds, which would not present an unmanageable situation for regulatory authorities. This study further suggests that grouping and categorizing PFAS using fundamental classification criteria based on composition and structure can be used to identify appropriate groups of PFAS substances for risk assessment, which also dispels assertions that there are too many PFAS chemistries to conduct proper regulatory risk assessments.
Fluoropolymers Are Vital for Life in the 21st Century
In January, Jay West, Executive Director of the PFP, published an opinion piece in Bloomberg making the case that fluoropolymers, one type of chemistry in the broad PFAS family, have a well-established safety profile, do not present a significant concern for human health or the environment, and should be differentiated from other PFAS for regulatory purposes. Click here to read the full piece.
EPA and New York Research Indicates Incineration Can Be Safe and Effective Means of PFAS Disposal
In late 2020, the EPA released interim guidance on the incineration of PFAS chemistries which indicated that properly designed and operated incinerators, landfills, and underground injection wells can be safe and effective means for the disposal of waste containing PFAS. And in March, the New York Department of Environmental Conservation released robust analysis surrounding the Norlite facility that supports the case that these chemistries can be safely managed when no longer in use. After analyzing soil and water samples around a cement kiln that treated fire-fighting foam containing PFAS from 2018-2019, DEC did not find a clear upwind/downwind gradient that would be expected if the PFAS were not being completely destroyed.
EPA Moving Forward with MCLs for PFOA and PFOS
In March, the EPA announced that it is moving forward with the establishment of standards for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) under the federal Safe Drinking Water Act (SDWA). We support this work and believe the development of national drinking water standards for the two most common PFAS should give Americans greater confidence in the safety of the water they drink and help to eliminate some of the confusion caused by the patchwork of recent state actions. Manufacture of PFOA and PFOS was voluntarily eliminated in the United States several years ago. As a result, the Centers for Disease Control and Prevention (CDC) has reported the results of human biomonitoring studies showing that exposure levels have dropped substantially. Moreover, a national survey of drinking water conducted by USEPA from 2013-15 indicated that less than 2 percent of public drinking water supplies in the U.S. had detectable levels of PFOA and PFOS. Click here for more information and read an opinion piece in Bloomberg here.
House Energy and Commerce Committee Moves Forward with Flawed Legislation
The PFAS Action Act applies a one-size-fits all approach to regulating the wide variety of PFAS chemistries. Such an approach is neither scientifically accurate nor appropriate, and would limit consumers’ access to important products they rely on. Furthermore, this legislation takes decisions out of the hands of the career scientists at the EPA with respect to hazardous substance designations. The public should also know that there has been substantial work already done and underway in regulatory agencies and Congress to address potential concerns with PFAS chemistries. Learn more here. We hope this information is useful and helps present a fuller picture of the important discussion surrounding PFAS chemistries.
EPA’s Revised Lifetime Health Advisories (LHAs) for PFOA and PFOS Reflect a Failure of The Agency to Follow Its Accepted Practice for Ensuring the Scientific Integrity of Its Process
ACC has raised a number of concerns about EPA’s assessments for these four substances that have not been addressed in the final assessments.