#PFAS are forever?

How the #ChemicalIndustry is fighting back against regulation

13.07.2023

"Corporate Europe Observatory uncovers the story of how the toxics industry is fighting back against the upcoming regulation of PFAS or 'forever chemicals', which are found in everything from frying pans to food packaging. Using access to documents requests and LobbyFacts data we show how chemical companies paint themselves as reasonable, concerned actors, whilst at the same time privately pushing hard for exemptions for their own PFAS products, and warning in dramatic terms of the economic fallout of banning them. Meanwhile the real catastrophe – the impacts on human health and the environment – as well as the costs of clean up, continue apace.

"The companies producing PFAS knew for decades about the toxicity of these chemicals, but they chose to do nothing about it. Recent academic analysis of previously secret documents from DuPont and 3M shows that companies knew PFAS were 'highly toxic when inhaled and moderately toxic when ingested' by 1970, 40 years before the public health community. The analysis further notes that the industry used several strategies also common to #tobacco, #pharma, and other industries to influence science and regulation, including 'suppressing unfavorable research and distorting public discourse'.

"According to documents analysed by the news show #Zembla, #DuPont knew 30 years ago that it was seriously contaminating the groundwater under the #Dordrecht plant in the #Netherlands and in the surrounding area with large quantities of toxic and carcinogenic PFAS. Sidenote In 2022 it was recommended not to eat vegetables or fruit coming from gardens within a one kilometre radius of this PFAS factory."

https://www.corporateeurope.org/en/pfas-are-forever

#ChemicalManufacturers #ChemicalIndustries #DowKnew #ZemblaKnew #DuPontKnew #ForeverChemicals

Unfortunately, the public comment period for this project has passed. But this editorial has good information in it.

EDITORIAL: Keep #PFAS out of recycled sewage sludge

By Gazette Editorial Board | June 9, 2023

"PFAS chemicals have recently been at the heart of health and environmental issues in Hoosick Falls, Petersburgh and other areas around the state, leading to legal action, tougher regulations and cleanup efforts.

"The chemicals have been linked to a variety of health issues, including kidney and testicular cancer, thyroid disease, colitis and high blood pressure.

"In most cases, the environmental contamination comes from the discharge of the compounds into the soil from manufacturers of products that use PFAS chemicals, such as #nonStick cooking material, #firefighting foam and stain-resistant #carpet.

"But those same dangerous chemicals may also be finding their way in greater amounts into our #soil, #groundwater and even #FoodSupply through their use in #fertilizers made from #sewage #sludge.

"It’s imperative that [#NewYorkState] do all it can to reduce PFAS chemicals into the environment, not add to them.

"That’s why groups like the #SierraClub and the Northeast Organic Farming Association of New York are among those concerned about an element of the state Department of Environmental Conservation’s draft Solid Waste Management plan that could nearly triple the amount of recycled sewage sludge used in fertilizer and applied to #farmland and home #gardens.

"According to an article in the Altamont Enterprise, the DEC projects that 425,585 tons of sewage sludge is expected to be recycled this year. In 2018, the amount recycled was just over 300,000 tons. By 2050, the amount of recycled sludge is expected to rise to 782,527 tons, the newspaper reported.

"The potential for that sludge to contain PFAS chemicals means that there could be an increase in PFAS’s making their way into the environment.

"DEC officials said they recognize the potential for PFAS chemicals to re-enter the environment through sludge and they’re taking steps to address it, including proposing sampling requirements for so-called biosolids recycled in New York state, a comprehensive risk assessment to determine a limit for biosolids recycling, and efforts to identify potential commercial and industrial sources of PFAS chemicals in biosolids.

"The public really needs to keep an eye on this effort to ensure that the state is doing all it can to avoid contributing to more of these chemicals entering the environment."

https://dailygazette.com/2023/06/09/editorial-keep-pfas-out-of-recycled-sewage-sludge/

#EPA #InformedConsent #PFOS #WaterIsLife #ToxicWaste #FoodProduction
#ChemicalManufacturers

#Chemical companies’ #PFAS payouts are huge – but the problem is even bigger

#3M, #DuPont, #Chemours and #Corteva have agreed settlement in the billions for #polluting drinking #water with ‘forever chemicals’

by Tom Perkins, Aug 3, 2023

"“When the chemical giant 3M agreed in early June to pay up to $12.5bn to settle a lawsuit over PFAS contamination in water systems across the nation, it was hailed by attorneys as 'the largest drinking water settlement in American history', and viewed as a significant win for the public in the battle against toxic 'forever chemicals'.

“A second June settlement with the PFAS manufacturers DuPont, Chemours and Corteva tallied a hefty $1.1bn. But while the sums are impressive on their face, they represent just a fraction of the estimated $400bn some estimate will be needed to clean and protect the nation’s drinking water. Orange county, California, alone put the cost of cleaning its system at $1bn.

“‘While over a billion dollars is real money, it is a virtual drop in the bucket of potential utility costs to monitor, remove and dispose of these contaminants in accordance with anticipated federal regulations,' the American Municipal Water Association trade group said in a statement.

“Moreover, the two settlements include just over 6,000 water systems nationwide. Utilities that were not part of the suits but have PFAS in their systems can claim some of the settlement money, or they can sue the chemical manufacturers on their own.

“That means the settlements only represent the first wave of utility lawsuits to hit #ChemicalManufacturers, legal observers say. Because PFAS are so widely used and the scale of their harm is so great, chemical makers will get hit from a range of legal angles, and some suspect the industry’s final bill could exceed the $200bn paid by #BigTobacco in the 1990s.

“The number will be 'very large', said Kevin McKie, an attorney with the Environmental Litigation Group who represented a water management company in the 3M case. Though the 3M settlement does not cover all the nation’s costs, it is a strong start, he added.

“‘A good settlement is one where both sides walk away a bit frustrated’ is the old saying,' McKie said. 'Of course I would have liked a bit more money but I do believe they got as much as they could at this time, and there’s a lot more to go.'

“PFAS are a class of about 15,000 compounds used to make products across dozens of industries resistant to water, stains and heat. They are called 'forever chemicals' because they do not naturally break down, and are linked to #cancer, #KidneyDisease, #liver conditions, #immune disorders, #BirthDefects and other health problems.

“The chemicals are thought to be contaminating drinking water for over 200 million Americans. Tens of thousands of contaminated #PrivateWells are not included in the settlement. The chemicals are also widely used in thousands of consumer products from #DentalFloss to #cookware to #clothing, and have been found to #contaminate #food, #soil and #air.

“PFAS constantly cycle and accumulate throughout the environment, and removing them from water is costly. The highly mobile chemicals can slip through most utilities’ filtration systems. Granular activated carbon and reverse osmosis are considered the best options.

“Leaders in Stuart, Florida, which was the bellwether case in the 3M settlement, chose to take what they could get without further litigation. Bellwethers are cases that represent all the other plaintiffs in a multi-district lawsuit. Stuart estimated damages at up to $120m, and the city acknowledged the settlement would fall short.

“‘I don’t think we’ll ever get close to that much net to the city, so I think there is no making us whole,' Stuart’s city manager told the New York Times.

“Among those utilities going at it alone is the Cape Fear Public Utility Authority (CFPUA) near Wilmington, North Carolina, which sits on the #CapeFear River about 75 miles downstream from a Chemours PFAS manufacturing plant. It cost the utility about $46m to develop a granular activated carbon system to remove PFAS, and officials estimate an additional $5m in annual operational costs.

“The utility declined to comment, citing ongoing litigation, but in a late June op-ed, the CFPUA director Kenneth Waldrop explained the motivation for not joining the settlements: 'The information currently available suggests that the proposed settlement, when divided among thousands of other utilities with similar needs, would be insufficient to meet the needs of our community.'

“The utility has a 'strong case' against Chemours which has the reserves to cover the full cost, Waldrop added. There is generally support for that approach among Wilmington-area residents, said Emily Donovan, a public health advocate who lives in the region.

“‘This is not our fault, but it has been made our problem, and the community mostly understands what’s going on,' she said.

“The settlements also drew unlikely opponents in 22 state attorneys general who urged the judge to reject the 3M settlement because it 'does not adequately account for the pernicious damage that 3M has done in so many of our communities', said the California attorney general, Rob Bonta.

“Beyond water utility settlements, chemical makers face personal injury suits. Most US states will also probably sue over #contamination of #lakes, #rivers and other #NaturalResources #Minnesota alone found eliminating PFAS contamination from its wastewater could run to $28bn.

“Local water systems that are not made whole will need help from the federal government, which 'basically abandoned public water infrastructure a long time ago', said Oday Salim, director of the Environmental Law and Sustainability Clinic at the University of Michigan.

“‘Any amount of money that gets shifted to the victims is helpful,' he added.
“The government could implement an excise tax on PFAS to help cover costs, McKie said, and he noted the chemical manufacturers are taking a significant hit. By some estimates, 3M’s PFAS liabilities may soar to as much as $30bn as claims roll in.
“‘That’s a pretty big chunk of the total size of their corporation,' McKie said."

https://www.theguardian.com/environment/2023/aug/03/chemical-companies-pfas-payouts-forever-chemicals

#EPA #EPAFail #PFOS #WaterIsLife #ToxicWaste #ChemicalIndustries #ForeverChemicals