A proposed federal rule calls for forcing companies to disclose whether their products contain toxic âforeverâ chemicals, the governmentâs first attempt at cataloging the pervasiveness of .
The Environmental Protection Agency rule would many products that contain perfluoroalkyl and polyfluoroalkyl substances. Theyâre a family of chemicals that donât degrade in nature and have been linked to cancer, birth defects, and hormone irregularities.
Companies would have to disclose any PFAS that have been manufactured or imported between 2011 and when the rule takes effect, with no exemptions for small businesses or for impurities or byproducts cross-contaminating goods with PFAS. Those disclosures would be available to the public, barring any trade secrets linked to the data. The EPA will finalize the rule in the coming months, agency spokesperson Catherine Milbourn said, then require companies to report back within 12 months.
The effort excludes pesticides, foods and food additives, drugs, cosmetics, and medical devices regulated under the Federal Food, Drug, and Cosmetic Act, Milbourn said. It also is essentially a one-time reporting and record-keeping requirement â and companies wouldnât need to provide updates.
Still, the chemical and semiconductor industries are grumbling about what the EPA estimated is a to comply with the rule. The U.S. chemical industry says it generates .
On the other side, environmental health activists say the data collection exercise would be flawed, as it accounts for only a tenth of PFAS chemicals, which are used in everything from nonstick cookware to kidsâ school uniforms. Moreover, they say, it wouldnât stop PFAS from making their way into the air, waste, or consumer products, nor would it clean up existing contamination.
Congress gave the EPA the power to track PFAS chemicals in 2016, when it revised the Toxic Substances Control Act. Then a , which President Donald Trump signed into law, called for the EPA to inventory PFAS. However, health activists warn that unless Congress overhauls U.S. chemical laws to give the EPA and other agencies more power, PFAS will continue to threaten humans and the environment.
These so-called forever chemicals went from marvel to bĂŞte noire in just 50 years. When PFAS debuted, they were revered for making Teflon pans nonstick and Gore-Tex jackets waterproof. They are effective at repelling water and oil yet so durable they donât break down in the natural environment. That strength has become their downfall, as the chemicals accumulate in landfills, soil, drinking water supplies, and, ultimately, human bodies. As scientists learn more about PFASâ toxic nature, governments around the world have set limits or imposed outright bans.
Because PFAS are found in thousands of products â , cosmetics, , paper plates, clothing, and dental floss, to name just a few â regulators are scrambling to gather data on the scope of the PFAS threat. The EPA data collection proposal is a move in that direction.
Milbourn told Ńîšóĺú´ŤĂ˝Ňîl Health News that 1,364 types of PFAS may be covered by the rule, and EPA officials are reviewing public comments they received to determine whether they should modify its scope to capture additional substances.
By contrast, the European Union is discussing banning or limiting , according to Hanna-Kaisa Torkkeli, a spokesperson for the European Chemicals Agency.
âIn the U.S., chemicals are innocent until proven guilty,â said , director of science policy at Public Employees for Environmental Responsibility, a nonprofit based outside Washington, D.C. âIn the EU and Japan, chemicals are guilty until proven safe â and thatâs why they have fewer PFAS.â
That lack of regulation in the U.S. is driving states to take matters into their own hands, pursuing PFAS bans as gridlock and in Washington thwart tougher federal laws. Minnesotaâs limits the chemicals in menstrual products, cleaning ingredients, cookware, and dental floss. Maineâs law will . and ban PFAS in food packaging.
âThe states are acting because our federal system doesnât currently allow the government to say âno more use of PFAS,ââ said , director of the federal policy program at Toxic-Free Future, a national advocacy group. âAnd even if it did, that wouldnât clean up the mess already made.â
U.S. courts are also weighing in on PFAS contamination. On June 22, 3M up to $12.5 billion to settle lawsuits by communities around the country that argued their drinking water was contaminated by the companyâs PFAS-containing products.
Additionally, the U.S. military is , after said more than 600,000 troops were in drinking water contaminated largely by PFAS-laden .
Just cleaning up PFAS waste could cost at least $10 billion. Removing it from U.S. drinking water supplies more than $3.2 billion annually to the bill, according to a report commissioned by the American Water Works Association.
âThe CDC estimates that 99% of Americans have PFAS in their blood,â said , vice president of government affairs for the Environmental Working Group, a nonprofit that researches the ingredients in household and consumer products. âWe estimate that 200 million Americans are exposed to PFAS in their drinking water right now.â
Officials with the U.S. Geological Survey released a similar finding that the agencyâs researchers estimate more than 45% of U.S. tap water is contaminated with at least one PFAS chemical after they conducted a nationwide study of water samples.
As ubiquitous as PFAS are, the reason they havenât generated more outrage among the public may be that the damage from PFAS chemicals isnât immediate. They affect health over time, with repeated exposure.
âPeople arenât getting headaches or coughing from exposure to PFAS,â Bennett said. âBut they are getting cancer a few years down the line â and they donât understand why.â
Some environmental health advocates, such as Arthur Bowman III, policy director at the , say the EPAâs data collection project could help. âIt will be fairly straightforward for the EPA to gather PFAS information on cleaning products and other wet chemicals that contain PFAS,â Bowman said. âAnd this will lead to phaseouts of PFAS.â
Some retailers, such as and , have recently announced plans to remove the chemicals from many of their products.
But Bowman said it will be more difficult for manufacturers to remove PFAS used in the production of semiconductor chips and printed circuit boards, since alternative products are still in the research phase.
The Semiconductor Industry Association to the proposed reporting requirements because, it maintains, semiconductor manufacturing is so complex that it would be âimpossible, even with an unlimited amount of time and resources, to discern the presence (if any) of PFAS in such articles.â Other industries have also asked for waivers.
The American Chemistry Council, which represents large PFAS manufacturers such as 3M, disagrees with those calling for the entire class of PFAS chemicals to be banned. âIndividual chemistries have their own unique properties and uses, as well as environmental and health profiles,â said Tom Flanagin, a spokesperson for the trade group.
While the councilâs member companies âsupport strong, science-based regulations of PFAS chemistries that are protective of human health and the environment,â Flanagin said, the rules shouldnât harm economic growth âor hamper businesses and consumers from accessing the products they need.â
For their part, some environmental advocates welcome the reporting proposal, expecting it to reveal new and surprising uses of PFAS. âHowever, itâs going to be a snapshot,â said , the senior toxics policy adviser for the Sierra Club.
Lunder said even if PFAS were found in, for example, brands of baby bibs, pesticide containers, or pet food bags, it isnât clear which federal agency would regulate the products. She said Americans should demand that Congress add PFAS and other harmful chemicals to all major environmental statutes for water, air, food, and consumer products.
And another worry: If the data does make it into the mainstream, will consumers simply tune it out â just as many do with ? Lunder doesnât think so, since âthe audience is scientists, regulators, and â for better or for worse â tort attorneys.â
Benesh, of the Environmental Working Group, said the disclosures could reach further and âembolden consumers to demand even more market change.â
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