Forever Chemicals

Coastal-Review.org by Jennifer Allen

New Orleans, LA – A federal appeals court has ruled that the Environmental Protection Agency overstepped its statutory authority when it ordered a Texas-based company to stop creating long-lasting toxic chemicals while manufacturing plastic containers. The three judges for the 5th U.S. Circuit Court of Appeals in New Orleans filed their unanimous decision Thursday, vacating the two orders the EPA had issued Dec. 1, 2023. 

The orders under the authority of the Toxic Substances Control Act, Section 5, directed Inhance Technologies LLC in Houston not to create per-and-polyfluoroalkyl substances, or PFAS, as a byproduct during production of fluorinated high-density polyethylene, or HDPE, plastic containers. The containers are used to store products such as pesticides, fuel and automotive liquids. For full text, click here.

Spokesman-Review by Amanda Sullender

Spokane, WA – National and state officials are zeroing in on the West Plains as PFAS well-testing begins this week. Speaking from the center of the exposure in Airway Heights, EPA Regional Administrator Casey Sixkiller said cleanup of the toxic chemicals is a priority of the Biden administration. Sixkiller noted the scrutiny in Eastern Washington is likely to be replicated across the nation as the true impacts of PFAS comes into focus. “PFAS contamination is everywhere,” he said. So far, 144 property owners with private wells have signed up for free testing from the EPA and Washington State Department of Ecology. Well sampling among those who have already requested testing will take place over the next two weeks. Results will be available approximately a month after a sample is taken. For full text, click here.

The Guardian by Tom Perkins

US industry disposed of at least 60m pounds of PFAS “forever chemical” waste over the last five years, and did so with processes that probably pollute the environment around disposal sites, a new analysis of Environmental Protection Agency data finds.  The 60m pounds estimate is likely to be a “dramatic” undercount because PFAS waste is unregulated in the US and companies are not required to record its disposal, the paper’s author, Public Employees for Environmental Responsibility (Peer), wrote. For the full text, click here. 

JDSupra Wasington, DC

Environmental Protection Agency (“EPA”) proposed a rule to designate perfluorooctanic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”), two per- and poly-fluoroalkyl substances (“PFAS”), as hazardous substances under the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). If finalized, the rule would have far-reaching consequences on closed and in-progress Superfund sites, state cleanup program requirements, and commercial real estate transactions. For the full text, click here. 

Cape and Islands NPR by Brian Engles

State and federal regulators are not seeing eye-to-eye with the Air Force on next steps for cleaning up the harmful ‘forever chemicals’ PFAS from Joint Base Cape Cod. A 6,200 acre plume of concentrated PFAS stemming from the base’s old fire training area led to groundwater contamination in Mashpee and Falmouth, including Ashumet and Johns Pond. PFAS are chemicals found in firefighting foam that was previously used at the site. The Air Force Civil Engineer Center (AFCEC) began testing the area for PFAS in 2015 after being asked to sample for the emerging contaminants by the EPA. A recent AFCEC draft supplemental feasibility study on cleanup plans for the plume said the group is not evaluating active groundwater remediation for the area downgradient of Ashumet and Johns Pond. For the full text, click here. 

Paint Square US

EPA issued its third Toxic Substances Control Act test order, requiring testing on per- and polyfluoroalkyl substances under the National PFAS Testing Strategy. In the National Testing Strategy, the EPA assigned different PFAS into smaller categories based on similarities in structure, physical-chemical properties and existing toxicity data. The EPA then issued test orders for PFAS in specific categories that lack toxicity data to inform the agency’s understanding of the potential human health effects. The first test order was for 6:2 fluorotelomer sulfonamide betaine, a PFAS used in commercial firefighting foam. The second was for HFPO, a PFAS used to manufacture plastics. For full text, click here.

Yahoo News by Sara Klimek

US – An extensive study released by the United States Geological Survey revealed that many per- and polyfluoroalkyl substances, a group of thousands of “forever chemicals,” contaminate nearly half of the nation’s drinking water. The study examined over 700 taps and kitchen faucets from homes, schools, and offices, looking for 32 common PFAS. The geographic range of this study included protected lands, residential areas that had no known reports of PFAS exposure, and known PFAS risk zones. The study supports the concept that PFAS are becoming a persistent threat to human populations. For full text, click here. For a copy of the peer-review study, email info@eia-usa.org.