EPA Steps into the Mix While States Continue Swift Action in Light of Potential Health Risks

By: Jeffrey Karp and Kevin Fink

In a prior posting, we noted the proliferation of state legislative and regulatory activity involving Per- and polyfluoroalkyl substances (PFAS), a class of man-made chemicals used for over 70 years in a variety of products, such as nonstick cookware, firefighting foam, waterproofing and stain-resistant coatings, and in industrial manufacturing. Measured concentrations of legacy PFAS chemicals are stable and do not degrade very rapidly in the environment. PFAS like perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonate ("PFOS") in groundwater and drinking water sources have been associated as possible links to negative impacts on human health, including decreased fertility rates, increased risk of certain cancers and impaired immune system function.

By Jeffrey Karp and Kevin Fink

In a recent article posted by Manufacturing Today, we discussed the unexpected risks facing manufacturers of products containing Per- and polyfluoroalkyl substances (PFAS). PFAS are a class of more than 3,000 man-made chemicals that are receiving heightened public awareness due to concerns about their potential negative impact on human health and the environment.

In addition to the commencement of litigation and the promulgation of PFAS regulations in a number of states, two bills were introduced in the Senate during the last session of Congress that: (1) sought to “encourage” Federal - State cooperative agreements to address removal and remedial actions; and (2) to require the United States Geological Survey (“USGS”) to perform a nationwide survey of the extent of these ubiquitous contaminants.[1]