On August 26, 2022, the US Environmental Protection Agency (EPA) announced plans to classify perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), “two of the most widely used per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as ‘Superfund.’” If the proposal is finalized, the chemicals would not be banned. Instead, manufacturers who released PFOA and PFOS into the environment above a certain threshold must report the release and under certain circumstances the EPA could require the manufacturer to clean up the site. The EPA proposal would apply to historical chemical releases, as well as any future spills. According to research by Environmental Working Group there are over 2850 PFOA and PFOS contaminated sites in the United States.
PFOS and PFOA have been phased out of many products due to growing evidence of negative health effects (FPF reported). But phase-out of a substance often leads to replacement with substances that are also likely harmful as the case for PFOS and PFOA in food packaging (FPF reported). This process is known as regrettable substitution.
In July 2022, the US National Academies of Sciences, Engineering, and Medicine (NASEM) published a comprehensive report on PFAS and health in the United States. The authors found a clear association between PFAS exposure and an increased risk of kidney cancer, decreased antibody response, decreased infant and fetal growth, and dyslipidemia (i.e., high cholesterol). The NASEM suggests the Centers for Disease Control and Prevention advise doctors to test patients likely exposed to high levels of PFAS and to share results with public health authorities.
On August 30, 2022, the legislature in the state of California passed AB-2247 which, if not vetoed by Governor Gavin Newsom by the end of September 2022, would require nearly all products with intentionally added PFAS sold, distributed, or imported into California to be registered publicly by July 2026.
Reference
EPA (August 26, 2022). “EPA proposes designating certain PFAS chemicals as hazardous substances under Superfund to protect people’s health.”
NASEM (July 2022). “Guidance on PFAS exposure, testing, and clinical follow-up.” National Academies Press
California Legislature (August 30, 2022). “AB-2247 Perfluoroalkyl and polyfluoroalkyl substances (PFAS) and PFAS products and product components: publicly accessible data collection interface.” State of California
Read more
Brownstein Hyatt Farber Schreck (September 2, 2022). “PFAS-Disclosure Legislation Moves to Governor’s Desk in California.”
Carey Gillam (July 28, 2022). “PFAS testing needed for people with elevated exposures, US science advisors warn.” The New Lede
Matthew Daly (August 26, 2022). “EPA to designate ‘forever chemicals’ as hazardous substances.” AP News
Dino Grandoni (August 26, 2022). “EPA finally moves to label some ‘forever chemicals’ as hazardous.” The Washington Post
Lisa Friedman (August 26, 2022). “E.P.A. to Designate PFAS, or ‘Forever Chemicals,’ as Hazardous.” New York Times
Terry Hyland (August 31, 2022). “Proposed Superfund listing for PFOA, PFOS brings new challenges for US importers.” Chemical Watch
