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House votes to designate PFAS ‘forever chemicals’ as hazardous substances

WASHINGTON, D.C. - The U.S. House of Representatives on Friday passed legislation that would require the U.S. Environmental Protection Agency to designate so-called PFAS “forever chemicals” linked to numerous diseases as hazardous substances.

It also calls for the EPA to set safety standards for the presence of the chemicals in drinking water, and to give grants that would help water companies remove them.

Per- and polyfluoroakyl substances (PFAS) have been used for decades in food packaging and household products like stain and water-repellent fabrics, polishes, waxes and cleaning products. Their presence in foam used to fight fires has led to groundwater contamination near airports and military bases where firefighters train. They’ve been called “forever chemicals” because they accumulate in humans and don’t break down in nature.

According to the Environmental Working Group, PFAS chemicals have been found in drinking water in Ohio communities including Cleveland Heights and Struthers, and on military bases including Camp Ravenna and Wright Patterson Air Force Base. The organization says PFAS have been detected in more than 1,400 communities in almost every state, and estimates that more than 100 million Americans may be drinking water contaminated by them.

Studies have linked the chemicals to liver, kidney, thyroid and immunological difficulties, cancer, increased cholesterol levels and low infant birth weights, among other problems.

The House bill passed in a 247 to 159 vote, with backing from all but one House Democrat and 24 of its Republicans. All Ohio’s Democrats supported the legislation, as did Ohio Republicans Mike Turner of the Dayton area and Steve Stivers of the Columbus area.

A corresponding measure in the U.S. Senate has 52 cosponsors including Ohio Democrat Sherrod Brown, but its prospects for becoming law appear murky, as the White House says President Donald Trump would likely veto the bill if it comes before him.

A Trump administration statement says the bill would bypass well-established processes, procedures and legal requirements set forth by other environmental laws including the Safe Drinking Water Act and the Clean Air Act. And, the administration says, it would ignore the established processes to ensure that appropriate, scientifically sound actions are taken to protect Americans.

“Rather than allow EPA to regulate PFAS in accordance with the carefully devised processes set forth in these and other laws, the bill would simply require EPA to put certain regulatory measures in place,” the administration statement says. “By truncating the rulemaking process, this legislation risks undermining public confidence in the EPA’s decisions, and also risks the imposition of unnecessary costs on states, public water systems, and others responsible for complying with its prescriptive mandates.”

The Ohio Environmental Protection Agency is conducting a survey this year of the state’s 1,500 local public water systems that serve 90 percent of the state’s population to test for the chemicals, and the state’s health department will work with local health departments to reach out to the rest of Ohioans who get their water from private sources. If testing reveals contamination, state officials will help local officials formulate a response.

House Speaker Nancy Pelosi said the House secured “full, robust protections against PFAS chemicals” in a defense bill last year, but the Senate eliminated them. She said more than 400 sites around the United States are affected by them, with many communities in Michigan experiencing contamination.

“Today, nearly all Americans, including newborn babies, expectant mothers, children have PFAS in their blood, and up to 110 million people may be drinking tainted water,” said Pelosi.

A statement in support of the bill from the National Wildlife Federation said PFAS have been found in all parts of the environment, from soil, water and air to fish and wildlife — from the Great Lakes to the Arctic. Additional investment for water infrastructure is needed to help communities and their neighboring wildlife remain healthy for generations to come, the organization said.

League of Conservation Voters Deputy Legislative Director Madeleine Foote called the measure “a historic step towards protecting the health and wellbeing of the tens of millions of people across the country living with toxic PFAS contamination" linked to health problems like cancer, thyroid disease and neurological development issues.

“For too long, states and localities have been forced to tackle these harmful chemicals in their communities with little support -- it is long past time for the federal government to step in,” said Foote, who accused the Trump administration of failing to clean up the chemicals and urged the Senate to approve the measure.

Critics of the bill said EPA is already acting to address PFAS chemicals and the bill would bypass its scientific evaluation.

“I know many of my Democratic colleagues think this bill is essential because they don’t trust the EPA run by this President,” Illinois Republican Rep. John Shimkus said on the House floor. “I understand that is your call. But I would also ask you to think about the mandates you are placing on the Environmental Protection Agency, which will far outlast this administration. They will legally hamstring future ones from facing issues other than PFAS, whether it is lead or climate.”

Zanesville Republican Rep. Troy Balderson unsuccessfully tried to amend the bill by requiring that the EPA complete its PFAS action plan before the bill is implemented. He noted PFAS chemicals are found in everyday objects including medical devices produced by companies in his district, such as heart patches and grafts, stents, surgical mesh and catheters. His proposal failed in a 170 to 239 vote.

“Clearly, not all PFAS are the same,” said Balderson. “To assert that all these 5,000- plus substances are hazardous in one move is not based on science and it is dangerous. That would call into question the already approved medical devices that are saving lives. The better solution is to allow the EPA to do its work and look at each chemical on its own merits, rather than labeling the whole diverse class as hazardous.”

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