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Backyard Talk

What is PFAS, where is it, and what is government doing about it in 2019?

By: Daisy Clennon

PFAS is short for per- and polyfluoroalkyl substances. It is an umbrella term for manmade chemicals that have a carbon and fluorine atom backbone. PFAS encompasses PFOA (Perfluorooctanoic acid) and PFOS (Perfluorooctanesulfonic acid) as well as hundreds of other compounds. PFAS are used in industrial processes and consumer products such as non-stick cookware, grease resistant paper, fast food wrappers, microwave popcorn bags, stain-resistant carpets and fabrics, cleaning products, and more. PFAS frequently get into groundwater though industrial factories, military bases, and also because they are used in firefighting foams. PFAS contaminates soil and water and can contaminate food grown in contaminated circumstances.

PFAS take a very long time to break down, so they build up in organs and tissues. Scientists are still learning about the health risks from PFAS, but the chemicals have been linked to affecting growth, learning, and behavior of children, lowering a woman’s chance of pregnancy, interfering with the body’s natural hormones, increasing cholesterol, affecting the immune system, and increasing risk of cancer. Lab animals exposed to PFAS have shown problems with liver, thyroid, and pancreatic functions. PFAS has been widely used since the 1950s and has recently come to national attention through crises in Hoosick Falls, NY, Plainfield Township, MI, Parkersburg, W. VA, and Parchment, MI.

So far, PFAS have been found in dozens of states, including Vermont, New Hampshire, Michigan, Pennsylvania, New Jersey, Colorado, New York, North Carolina, West Virginia, Washington, Kansas, Massachusetts, Arkansas, Alabama, Minnesota, California. Many impacted communities are near military bases, airports, and industrial sites, where PFAS are used. Most people in the United States have some level of PFAS in their body. A sample done by the National Health and Nutrition Examination Survey found that the average blood levels of PFAS in Americans are as follows: PFOA  is 2.1 parts per billion, the average level of PFOS is 6.3 parts per billion, and the average level of PFHxS is 1.3 parts per billion.

So what is being done in 2019 about this contaminant?

State level bills about PFAS are working their way through at least 13 states, including Michigan, Massachusetts, Kentucky, and Connecticut. Many bills center around making sure PFAS can’t be used in firefighting foam or in food packaging. States are also struggling to set PFAS contaminant levels. A Michigan state bill would limit PFOA and PFOS to 5 parts per trillion, considerably lower than the EPA advisory limit of 70 parts per trillion. After a PFOA crisis in Bennington, Vermont state legislators set the limit to 20 parts per trillion for PFOA, PFOS, PFHxS, PFHpA, and PFNA combined.

On the federal level, a bipartisan bill has been introduced that would add PFAS to the list of chemicals covered by CERCLA (Superfund) legislation. This would allow the EPA to work towards cleaning up PFAS sites. Furthermore, on January 23rd, Rep. Dan Kildee of Michigan and Brian Fitzpatrick of Pennsylvania initiated a bipartisan task force with at least 18 other Congress members. The task force will hold informational events to educate other members of Congress about PFAS, craft legislation to address PFAS contamination, meet with committee chairs to ensure PFAS is addressed, and fight for funding through federal appropriations to clean up PFAS contamination.

The EPA has not yet released its decision on adding PFAS to Superfund legislation. Reports say they will not be regulating PFAS through the Safe Drinking Water Act. This has not been confirmed, but lawmakers have slammed the apparent decision. Michigan legislators have said that they will act if the EPA refuses to. Rep. Kildee said that “while the Trump administration has claimed it wants to address PFAS, they have been all talk and no action,” and the other leader of the bipartisan task force, Rep. Fitzpatrick, said “If the EPA refuses to do its job, Congress must intercede.”

You can track policy details for state PFAS legislation here, and keep up to date with PFAS news here.

You can also sign this petition, to tell Congress to enact a total ban on the production and use of PFAS by 2020. CHEJ is planning a training call/webinar with Nationwide PFAS Coalition that will provide a general overview of the PFAS situation nationally, and include a discussion of what groups are working on now at the state and federal level.

UPDATE: EPA released their action plan on Thursday, February 14th. The plan lists PFOA and PFOS as pollutants or contaminants under CERCLA (Superfund), but not as a hazardous substance. EPA has “initiated the regulatory development process to designate PFOA and PFOS as CERCLA “hazardous substances”, which would extend CERCLA order and cost recovery authorities.” It also states that EPA plans to take the “first step” to regulate PFAS under the Safe Drinking Water Act by the end of the year. It does not say when regulations will be put into place.

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Backyard Talk

Confirmation Hearing for New EPA Head and Regulatory Capture

By: Daisy Clennon
This past Wednesday, the 16th of January, was Andrew Wheeler’s EPA confirmation hearing. The hearing came at a controversial moment: in the midst of the longest-ever government shutdown, and with no immediate reason to confirm the acting administrator as the official EPA head. For this reason, the hearing was criticized by Democrats for wasting time that could be better spent finding a shutdown solution. Furthermore, Wheeler had some of the EPA staff who were deemed “essential personnel” help him prepare for the hearing. Democrats and environmentalists found this frustrating, as they thought there were more “essential” tasks for the fraction of still-working EPA staffers.
Agency nominees are confirmed by the Senate, and since Republicans hold the majority, it is almost certain that Wheeler will be confirmed. Wheeler became acting head of the EPA when Scott Pruitt resigned over the summer. Pruitt was a high profile figure in the Trump Administration and was well known for his lawsuits with EPA prior to becoming its administrator. Since Wheeler is about to be confirmed, let’s take a look at his record and at his confirmation hearing.
Wheeler was Pruitt’s deputy and has been acting head of EPA since July of 2018. His first foray into the environmental world was in 1991, as a special assistant for the EPA’s toxics office. Wheeler then worked with the Senate Committee on Environment and Public works in different roles, two of which were Chief Counsel for Senator Jim Inhofe, and Chief Counsel to the Committee itself. In these roles, Wheeler worked in favor of industry deregulation. Senator Inhofe is notoriously anti-climate change and well known for bringing a snowball to the Senate floor to prove that climate change isn’t real. After working as Chief Counsel, Wheeler spent nearly a decade as a coal lobbyist. He defended some of the most prominent coal lobbying firms in the United States.
During his confirmation hearing, Wheeler stated that he would try to implement the Trump Administration’s environmental agenda and that he would stick to Pruitt’s plan for the EPA. Wheeler also refused to criticize Pruitt in any way. Fortunately, Wheeler does admit that climate change is real and that people have impacted the climate. Despite this acknowledgement, Wheeler was not prepared to make any changes to deal with climate change. He said that as Administrator, the EPA would follow the directive of Congress in terms of environmental laws, but would not go further. The vast majority of legislation surrounding environmental issues came out of the 1960s and 1970s. While climate change was on the horizon by this point (the issue was first discovered in the 1800s, confirmed by 1860, and was further researched throughout the 1900s) the vast majority of our environmental legislation does not deal with what is arguably the worst crisis humanity has ever faced.
Instead, the Trump Administration’s directive is to continue the deregulation of industries. Scientists have found that following the Trump Administration’s environmental plan is worse than doing absolutely nothing at all. This is reminiscent of the Reagan Administration’s environmental rollbacks of the 1980s. The EPA, then lead by Anne Gorsuch, dismantled many of the environmental successes of the Carter and Nixon administrations, implemented harsh budget cuts, and worsened the bureaucratic complexities of the agency.
The ties Wheeler and Pruitt have to the corporations EPA is supposed to regulate brings up the concept of regulatory capture. Regulatory capture is when a government agency works in favor of the industries it was created to regulate. In an analysis by the Environmental Data & Governance Initiative, it was determined that there was a systematic shift in the influence of corporations over the first year of the Trump administration. Wheeler has shown no initiative in deviating from this agenda.
At such a crucial time in history, it is obvious that at the very least, an EPA administrator should have no ties to the corporations that have changed the very chemistry of our planet. In order to make much needed change, in order to protect the communities that have been destroyed by toxins, in order to protect communities dealing with climate change-exacerbated natural disasters, in order to protect the water supplies that are rapidly becoming a scarcity, and in order to make the United States a leader in the greatest global crisis we have faced, we need to have an Environmental Protection Agency administrator who wants to protect the environment.

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Homepage Superfund News

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