May 30, 2023

Every raindrop has PFAS in it, and ALL The Stuff in Your Home That Contain PFAS 'Forever Chemicals'

TIME: According to tests commissioned by the consumer watchdog site Mamavation and the green group Environmental Health News, a random sampling of 18 popular brands of soft lenses sent to an Environmental Protection Agency (EPA)-certified lab all tested positive for PFAS, short for per- and polyfluoroalkyl substances. Also known as "forever chemicals"—because that's pretty much how long they linger in the environment—these persistent manufacturing chemicals exist in more than 12,000 forms, and have been linked by the EPA to a long list of health effects, including decreased fertility, high blood pressure in pregnant people, increased risk of certain cancers, developmental delays and low birthweight in children, hormonal disruption, high cholesterol, reduced effectiveness of the immune system, and more.

Not any level of PFAS exposure will lead to these health consequences, of course. And even heavy exposure does not necessarily mean that you're going to get sick; putting in your contact lenses every morning is not a sure road to cancer or high cholesterol. But enough of these ills have turned up in enough people exposed to PFAS that the EPA and the larger community of scientists are justifiably worried about them—especially because of their persistence in the environment.

"This entire class of chemicals is probably the most persistent class of manmade chemicals that have ever been made," says Scott Belcher, an associate professor of biological sciences at North Carolina State University, who was a scientific advisor for the contact lens study. "Once they're there, they're not going away."

PFAS are included in uncounted products from clothing to furniture to pizza boxes to food wrappers to cooking utensils to electronics to fire-fighting foam to shoes and much, much more. The chemicals are used to make pots and pans non-stick; textiles more durable and stain resistant; food packaging resistant to grease; shoes and clothing water-resistant; and paper and cardboard stronger, among multiple other uses. So widespread is the planet's PFAS load that, according to one 2022 study in Environmental Science and Technology, the chemicals actually fall from the sky in rain, with the clouds having picked up PFAS in water evaporating from contaminated oceans.

"Every raindrop has PFAS in it," says Belcher. "It is really earth-shaking for me and eye-opening for folks."

For most people, however, everyday life inside their homes is where they're most likely to encounter PFAS on a regular basis. Here is a non-exhaustive list of some personal possessions and parts of your household that are exposing you to forever chemicals:

Body care products including shampoo, dental floss, toilet paper, tampons, and pads

The U.S. Centers for Disease Control and Prevention (CDC) lists many brands in these product categories as harboring PFAS, which are added to the products because the chemicals make them more durable, water resistant, or smoother spreading. But those qualities come at a price: some of the products, like dental floss and shampoo, are used in the mouth or near the eyes—mucus membranes that readily absorb contaminants. Multiple brands of both floss and shampoo now advertise themselves as PFAS-free, and the number of such products is growing.

In February, Mamavation and Environmental Health News conducted a study of PFAS in menstrual care products, including tampons, pads, sanitary napkins and period underwear, and found most of them contaminated to one degree or another with the forever chemicals. (Mamavation is not a scientific organization but a self-established wellness site, and Leah Segedie, its founder and editor, is not a scientist, but an author and consumer activist. Still, she conducts her PFAS studies only in conjunction with certified labs.)

In March, a study published in Environmental Science and Technology Letters found PFAS in most brands of toilet paper sold around the world, a huge problem in the U.S. where over 19 billion lbs. of wastepaper are flushed away annually, posing a massive disposal and wastewater contamination problem. (A bidet eliminates the problem of toilet paper almost entirely, though most U.S. households are not equipped with them.)

Read full at time:

May 23, 2023

EU restricts PFAS in consumer products

Several regulatory actions are being taken to regulate per- and polyfluoroalkyl substances (PFAS) in consumer products in the EU. These toxic substances are also known as "forever chemicals" due to their high persistence. Without the ability to degrade, their concentration in the environment will continue to increase. Exposure to these substances can have negative effects on both humans and the environment.

PFASs are a group of about 10,000 mainly man-made substances used in numerous applications in the EU. These applications include textiles, food packaging, lubricants, refrigerants, electronics, construction and many more.

In the EU, some PFAS are already regulated under REACH and POP legislation (see Table 1) and the SVHC list, while other groups are being proposed for restrictions (see Table 2).

he current larger proposals for restriction (see Table 3) will cover a greater number of substances with specific exemptions and different dates of entry into force for specific uses.

PFAS are defined as any substance that contains at least one fully fluorinated methyl (CF3-) or methylene (-CF2-) carbon atom without any H/Cl/Br/I attached to it.

A substance that only contains the following structural elements is excluded from the scope of the proposed restriction: -CF3-X or X-CF2-X', where X = -OR or -NRR' and X' = methyl (-CH3), methylene (-CH2-), an aromatic group, a carbonyl group (-C(O)-), -OR'', -SR'' or –NR''R''', and where R/R'/R''/R''' is a hydrogen (-H), methyl (-CH3), methylene (-CH2-), an aromatic group or a carbonyl group (-C(O)-).



Please read full by Roberta Canciello, senior technical specialist, Retail Consumer Products team, UL Solutions

https://www.ul.com/news/eu-sets-pfas-restrictions-consumer-products



References

Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (recast) (Text with EEA relevance)Text with EEA relevance

COMMISSION REGULATION (EU) 2021/1297 of 4 August 2021 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards perfluorocarboxylic acids containing 9 to 14 carbon atoms in the chain (C9-C14 PFCAs), their salts and C9-C14 PFCA-related substances

Persistent organic pollutants – perfluorohexane sulfonic acid (PFHxS)

Registry of restriction intentions until outcome

Fatal fall rate more than doubled in about two decades

Based on death certificate data compiled by the Centers for Disease Control and Prevention, the research found that fatal falls in this age group had increased from 10,097 in 1999, and at a rate that more than doubled in about two decades — from 29 deaths per 100,000 people to 69 deaths per 100,000 people, according to research published in the journal JAMA.

The research notes that falls have become the leading cause of injury for the age group. More than 1 in 4 people 65 or older fall each year, according to the CDC (although the agency says less than half tell their doctor). About 1 in 5 falls results in a serious injury, such as broken bones or a head injury, and 3 million older adults are treated in emergency rooms each year because of falls.

May 17, 2023

U.S. States Regulate PFAS in Consumer Products

UL - In the United States, due to the lack of federal regulations banning the use of PFAS in consumer products, many state legislatures are acting to mitigate the use of these chemicals in various consumer products. Several states have already adopted policies that prohibit the intentional addition of PFAS in various consumer products, including but not limited to cosmetics, juvenile products, food packaging, cookware, rugs and carpets, fabric treatments, indoor and outdoor upholstered furniture, apparel, textiles and more. The state of Maine Chapter 477 Public Law will prohibit the use of intentionally added PFAS in any product be sold, offered for sale, or distributed for sale in the state effective Jan. 1, 2030.

Product manufacturers are responsible for ensuring compliance with regulatory requirements. But as the focus on PFAS in the U.S. intensifies, and states adopt policies that may not be consistent with one another, manufacturers may find it challenging to determine compliance. Therefore, relevant enterprises should understand these requirements as early as possible and investigate the presence of PFAS in their products. Manufacturers must know what chemicals are being added to their products.


Please read full from UL

https://www.ul.com/news/us-states-regulate-pfas-consumer-products

May 15, 2023

U.S. EPA Proposes Greenhouse Gas Emissions Limitations for New and Existing Electric Generating Units

The U.S. Environmental Protection Agency ("EPA") yesterday announced a proposed rule to limit greenhouse gas ("GHG") emissions from electric generating units ("EGUs"). The proposal seeks to drastically reduce emissions of GHG and conventional emissions while promoting the use of carbon capture and sequestration ("CCS") and hydrogen co-firing technologies. This proposed rule is part of the Biden Administration's larger regulatory effort to transition the American economy toward "low carbon" technology.

The proposed rule treats new EGUs differently based on level of output and targets certain existing fossil-fuel-fired combustion turbines (both simple cycle and combined cycle).

The proposed rule contains three primary parts: (1) strengthening CO2 standards for new gas-fired combustion turbines, based on three new categories; (2) providing emissions guidelines for existing gas plants that have a capacity of 300 MW and operate at a more than 50 percent capacity factor; and (3) covering existing steam generation units—mostly coal—by requiring those EGUs to choose between new control technologies or retirement.

Consistent with Clean Air Act Section 111, the proposed New Source Performance Standards and emissions guidelines "reflect the application of the best system of emissions reduction [("BSER")] that, taking into account costs, energy requirements, and other statutory factors, is adequately demonstrated." To this end, the EPA's newly proposed rule also seeks to repeal the Affordable Clean Energy ("ACE") Rule, stating, among other rationales, that the BSER therein are no longer appropriate for existing coal-fired EGUs.

The proposed rule would create different standards based on three categories of new gas EGUs and enhance standards for certain existing gas EGUs.

New and Reconstructed Fossil-Fuel-Fired Stationary Combustion Turbines:  EPA proposes three subcategories for new gas plants, based on how heavily a plant is used. For new low-load "peaker" units—defined as operating at below 20 percent capacity factor—EPA proposes as BSER the use of a "lower-emitting fuel," such as natural gas or distillate oil.

For new intermediate load units—defined as operating at between a 20 and 50 percent capacity factor—EPA proposes a phased standard. The first phase establishes as BSER the performance of a highly efficient combustion turbine. The second phase establishes BSER as co-firing 30 percent (by volume) of "low-GHG" hydrogen by 2032 and 90 percent by 2035. The second phase requires continued use of highly efficient generation. The EPA is soliciting comments as to whether intermediate-load units should be subject to a more stringent third phase that would require higher levels of hydrogen co-firing by 2038.

For new baseload combustion turbines—defined as operating at above a 50 percent capacity factor—EPA proposes as BSER one of two pathways, either co-firing with "low-GHG" hydrogen starting at 30 percent in 2032 and ramping up to 96 percent by 2038, or by achieving a 90 percent CCS rate by 2035.

Existing Fossil-Fuel-Fired Stationary Combustion Turbines:  EPA's proposed standards for existing gas plants would only apply to existing EGUs with a 300 MW capacity and at least a 50 percent capacity factor. BSER for these units is based on either the use of CCS by 2035 or co-firing 30 percent (by volume) low-GHG hydrogen by 2032 and co-firing 96 percent low-GHG hydrogen by 2038. The proposed rule does not purport to set new standards for smaller or less frequently used existing gas plants.

The proposed rule requires existing coal-fired EGUs to choose between new control technology or retirement.

EPA relies heavily on CCS and the co-firing of "lower-emitting" fuels to address existing coal-fired generation. The proposed rule would allow operators of existing coal-fired EGUs to forego installation of CCS or certain other emissions control technologies if they commit to near-term retirement of their facilities. The proposed rule would not require any reductions for coal plants closing before 2032, or for plants that commit to retire before 2035 and have a less than 20 percent capacity factor. Existing coal plants that remain online longer than the applicable 2032 or 2035 deadline, but still intend to retire before 2040, may co-fire with natural gas to avoid CCS or other control equipment requirements. Those coal plants intending to remain online through 2040 and beyond must be modified to curb their emissions by 88.4 percent, a level based on achieving 90 percent carbon capture and storage by 2030. This regulatory scheme reflects EPA's view that it is most efficient to deploy CCS technology with EGUs that will operate over a longer period.

Please read full at Michael Best & Friedrich LLP:

https://www.michaelbest.com/Newsroom/313703/US-EPA-Proposes-Greenhouse-Gas-Emissions-Limitations-for-New-and-Existing-Electric-Generating-Units

May 7, 2023

High Levels Of Toxic Metals Found In Widely Consumed Drinks: Study

A new study has found that some commonly consumed beverages such as fruit juice and artificial soda contain levels of toxic metals including arsenic, cadmium, and lead that exceed federal drinking water standards.

Researchers from Tulane University, Louisiana, measured 25 different toxic metals and trace elements in 60 soft beverages, including single fruit juice, mixed fruit juice, plant-based milk, artificial soda, and tea.

The drinks were purchased in New Orleans and are commercially available in supermarkets across the United States.

Researchers found that five of the 60 beverages tested contained levels of a toxic metal above federal drinking water standards.

Two mixed juices had levels of arsenic above the 10 microgram/liter standard. Meanwhile, a cranberry juice, a mixed carrot and fruit juice, and an oat milk each had levels of cadmium exceeding the three parts per billion standard.


Fruit Juices, Plant-Based Milks Contain Higher Levels

In total, 7 of the 25 elements measured by researchers in their study exceeded drinking water standards in some of the drinks, including nickel, manganese, boron, cadmium, strontium, arsenic, and selenium, while lead was detected in more than 93 percent of the 60 samples, although the majority contained levels below one part per billion.

The highest level (6.3 micrograms/kg) was found in a lime sports drink, though that is still below standards for drinking water set by the EPA and the World Health Organization.

Overall, mixed fruit juices and plant-based milks, including oat and almond milk, contained higher levels of toxic metals than other drinks analyzed in the study, researchers said.

Researchers did not identify the specific brands they studied but noted that they can be purchased at local supermarkets and retail stores.

The findings of the study, titled, "Toxic metals and essential elements contents in commercially available fruit juices and other non-alcoholic beverages from the United States," were published in the Journal of Food Composition and Analysis.

Read more here...

May 5, 2023

New PFAS Fish Consumption Advisory For Green Bay And Associated Tributaries

The Wisconsin Department of Natural Resources (DNR) and the Department of Health Services (DHS) today announced a new PFAS-based consumption advisory for the Bay of Green Bay and its tributaries.

Elevated levels of perfluorooctane sulfonate (PFOS), a type of per- and polyfluoroalkyl substances (PFAS), were detected in rainbow smelt sampled from Green Bay. As a result, the DNR and DHS recommend consuming only one meal per week of rainbow smelt from the Bay of Green Bay and its associated tributaries up to the first dam, including portions of the Peshtigo, Oconto and Menominee rivers.

"Eating locally caught fish is a cost-effective way to feed your family a lean, healthy protein. This advisory, like our long-standing mercury and polychlorinated biphenyl (PCB) advisories, is another way to ensure our anglers who eat their catch are provided with the right information to consume fish safely," said Lori Tate, Fisheries Management Section Supervisor.

PFAS are a group of human-made chemicals that have been used for decades in various products, such as non-stick cookware, fast food wrappers, stain-resistant sprays and certain types of firefighting foams that have made their way into the environment.

Health risks may increase when fish with high levels of PFAS are consumed more frequently than recommended. These can include increased cholesterol levels, decreased immune response, decreased fertility in women, and cancers, among other health effects. More information is available on the DHS website.

Following fish consumption advisories will help protect you from consuming excess PFOS, PCBs and mercury. A complete list of up-to-date consumption advisories can be found in the DNR's Choose Wisely booklet.

Additional fish consumption advice and information on the effects of PFAS can be found on the DNR's website.

Apr 22, 2023

Google is actively deleting science

I have noticed I can not find articles I and other scientists have published. Now I am getting notices from Google that published, pier reviewed articles now "go against community guidelines".

These three articles I posted were in 100's if not 1000's of websites, journals or other publications.

There were all 100% accurate and just facts.

How many of you are also seeing science deleted.

What effect will this have on education and our future?

Apr 6, 2023

The AASTM ASTM 1527-21 for Phase I Environmental Site Assessments is evaluated every 8 years.

ASTM 1527-21 is now in effect.  The ASTM Standard for Phase I Environmental Site Assessments is evaluated every eight years.  The most recent update, ASTM E1527 – 21, approved by the United States Environmental Protection Agency (EPA) on December 15, 2022, is now in effect.

On December 15, 2022, the United States Environmental Protection Agency (EPA) published its final rule, 87 Fed. Reg. 76578, which formally updates the standard to satisfy "all appropriate inquiries" under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).  The result is the effective adoption of ASTM E1527-21 as the new Phase I Environmental Site Assessment standard.  ASTM E1527-21, went into effect on February 13, 2023, and significantly revises a number of the prior provisions under ASTM E1527-13, and also clarifies a number of key terms and requirements.

Significant changes include:

  • A requirement for enhanced research into the history of the subject property and adjoining properties, as well as enhanced site reconnaissance requirements;
  • Clarification as to the meaning of the terms "Property Use Limitation" and "Significant Data Gap"; and
  • Clarification that the 180-day shelf life of the Phase I does not commence as of the date of the report, but rather when the various components of the Phase I report are completed, including (i) interviews with owners, operators and occupants, (ii) searches for lines, (iii) searches for government records, (iv) visual inspections by the consultant, and (v) consultant's certifications; and
  • Guidance regarding how to address emerging contaminants, such as per- and polyfluoroalkyl substances (PFAS), as a non-scope consideration.  This addition may ultimately provide an important driver for parties seeking to determine whether to evaluate PFAS.
Read full at:

Mar 27, 2023

EPA Proposes First National PFAS Drinking Water Standards

On March 14, 2023, the United States Environmental Protection Agency (EPA) announced its proposed National Primary Drinking Water Regulation (NPDWR), which would establish legally enforceable levels, called Maximum Contaminant Levels (MCLs), for six PFAS in drinking water.  These PFAS chemicals are:

EPA described the proposed MCL of 4 ppt for PFOA and PFOS to be the "lowest feasible level" for which PFOA and PFOS can reliability be measured and removed from drinking water. EPA has also proposed using a "Hazard Index" score as an MCL for a combination of four PFAS compounds - PFHxS, GenX chemicals, PFNA and PFBS. This is the first time that a hazard index approach is being proposed as a federal drinking water MCL standard. In short, a Hazard Index considers how toxic each of the four PFAS are and then uses a site-specific determination based on the specific drinking water concentrations (i.e., the calculation gets complicated).

Please continue reading at Michael Best & Friedrich LLP:

https://www.michaelbest.com/Newsroom/310007/EPA-Proposes-First-National-PFAS-Drinking-Water-Standards


Lack of Safe Drinking Water for City Dwellers to Double by 2050: UN Report

At the start of the first UN Water Conference since 1977, a global water crisis is imminent, according to a new UN report.

New research has found that the number of people living in cities without access to safe drinking water worldwide will double by 2050, with an 80 percent increase in demand for water predicted for urban areas by that time, The Guardian reported.

"Water is our common future and we need to act together to share it equitably and manage it sustainably. As the world convenes for the first major United Nations conference on water in the last half century, we have a responsibility to plot a collective course ensuring water and sanitation for all," said UNESCO Director-General Audrey Azoulay on the UN World Water Development Report website.

Mar 22, 2023

In Support of World Water Day, the Department of Energy Announces Water-Related Selections, Resources, Partnership, and Competition Development

DOE - Today, we celebrate World Water Day 2021 , where nations across the globe are joining in conversations about the value of water. At the Department of Energy (DOE), we are discovering the endless possibilities water possesses. Water provides immense value to livelihoods, cultures, and economies across the globe. It is critical to human health and the health of our natural environment, and it is critical to energy. Energy and water systems are interdependent. Energy is required to extract, treat, and deliver water, and water is used in multiple phases of energy production and electricity generation.

"Water is a fundamental building block of our world and while it presents vast opportunities for economic growth, it is our responsibility to protect it," said Kelly Speakes-Backman, Acting Assistant Secretary for Energy Efficiency and Renewable Energy. "We must understand the environmental and social impacts as well as benefits of water power technologies—such as hydropower or systems that convert the natural energy from waves, tides, or currents—and we must invest in the infrastructure and humans who will continue to drive technological progress at the nexus of energy and water."

On this day, DOE is proud to announce several ways we are supporting the continued sustainable use of our water-energy resources while identifying new ways to benefit of Americans.

, WPTO offered opportunities to four graduate students to conduct marine energy research outside of the classroom. The selected fellows
The National Renewable Energy Laboratory (NREL) announced it will begin accepting applications for the 2022 Marine Energy Collegiate Competition
  • (MECC) competition on April 5. Managed by NREL on behalf of WPTO, the competition encourages undergraduate and graduate students to unlock the power of the ocean, rivers, and tides to develop, design, and test the technologies that build resilient coastal communities and provide power at sea.

WPTO enables research, development, and testing of emerging technologies to advance marine energy as well as next generation hydropower and pumped storage systems for a flexible, reliable grid. Learn more about WPTO successes by reading the office's 2019–2020 Accomplishments Report.

  • for the program's 2021 cycle will work with DOE national labs, wave energy developer CalWave, and the Makah Indian Tribe.
     
  • NREL Announces the Application Opening for the 2022 Marine Energy Collegiate Competition
  • Free Machine Guarding Courses via National Safety Education Center

    Training for High-Hazard Industry Workers and Employers

    Susan Harwood Training Grant Program

    This training is brought to you through the Susan Harwood Training Grant, which provides under-served, low-literacy, high-hazard workers and employers with free training on workplace safety and health hazards, responsibilities, and rights. NIU is proud to receive this grant and provide you with these classes.

    As part of the grant program, NIU offers two or four hours of machinery and machine guarding training for free.

    The online courses are fully interactive and the use of a device with internet access, webcam and audio is required.

    All courses will cover the same material focusing on lockout/tagout and guarding machines to prevent amputations and fatalities. The length of the class represents the depth of material it will cover, however topics are the same for 2-hour and 4-hour classes.

    Training topics include the following:

    • Operating stationary equipment
    • Guarding point of operation
    • Amputation prevention
    • Control circuit systems
    • Other general industry machine hazards

    Mar 11, 2023

    There Are 21,000 Pieces of Plastic in the Ocean for Each Person on Earth

    And plastic pollution has been doubling every six years...
    Only 10 percent of the plastic ever made has been recycled. The material that doesn't make it into landfills can get swept into rivers or directly into oceans. It slowly breaks down into smaller and smaller pieces, known as microplastics, which are less than 5 millimeters in length and can be eaten by marine life. Plastic has been found near the summit of Mount Everest and inside the deepest point on Earth, the Mariana Trench — as well as in the human bloodstream.

    Humans have filled the world's oceans with more than 170 trillion pieces of plastic, dramatically more than previously estimated, according to a major new study released Wednesday. The trillions of plastic particles — a 'plastic smog,' in the words of the researchers — weigh roughly 2.4 million metric tons and are doubling about every six years, according to the study conducted by a team of international researchers led by Marcus Eriksen of the 5 Gyres Institute, based in Santa Monica, Calif. That is more than 21,000 pieces of plastic for each of the Earth's 8 billion residents. Most of the pieces are very small.

    Read full at:

    Mar 10, 2023

    Newly discovered enzyme that turns air into electricity, providing a new clean source of energy

    Phys.Org - Australian scientists have discovered an enzyme that converts air into energy. The finding, published today in the journal Nature, reveals that this enzyme uses the low amounts of the hydrogen in the atmosphere to create an electrical current. This finding opens the way to create devices that literally make energy from thin air... Recent work by the team has shown that many bacteria use hydrogen from the atmosphere as an energy source in nutrient-poor environments. "We've known for some time that bacteria can use the trace hydrogen in the air as a source of energy to help them grow and survive, including in Antarctic soils, volcanic craters, and the deep ocean" Professor Chris Greening said. "But we didn't know how they did this, until now."

    Read full at:
    https://phys.org/news/2023-03-newly-enzyme-air-electricity-source.html

    Mar 9, 2023

    Exterior carwash care products containing PFAS pollution violations in " in parts per trillion"

    Soaps, waxes, polishes...  anytime something is water repellent or water resistant or causes water to bead or has something akin to stain guard in the name. The safety data sheets are unlikely to list "PFAS."  If they do have PFAS, it might be protected under trade secret or be below de minimis amount. This is a growing problem that will catch millions off guard due to lack of understanding and regulatory information on products.

    Car wash in North Hampton New Hampshire with high levels of PFAS in its effluent in parts per trillion
    https://pfasproject.com/2018/06/06/car-wash-cited-for-pfas-pollution/

    And in Connecticut
    https://www.newtownbee.com/05092022/iwc-learns-of-pfas-at-car-wash-has-town-monitor-holly-estates-subdivision/

    They've had trouble with PFAS contamination from car washes in Europe
    https://regenesis.com/wp-content/uploads/2019/02/PFAS-Cost-of-Inaction-DIGITAL-051820_2.pdf

    Mar 3, 2023

    U.S. Averages One Chemical Accident Every Two Days, Analysis Finds

    From spills to fires at industrial facilities to the recent train derailment in Ohio, it seems chemical accidents are making the news more and more. But it's not just your imagination — a map by the Coalition to Prevent Chemical Disasters shows that chemical accidents are happening at a rate of one every two days in the U.S. The Chemical Facility Incidents map allows viewers to see chemical-related incidents in their local areas. The coalition noted, "On average, there is a chemical fire, explosion or toxic release every two days in the U.S."

    See map of incidents here:
    https://preventchemicaldisasters.org/chemical-facility-incidents/

    Source:
    https://www.theguardian.com/us-news/2023/feb/25/revealed-us-chemical-accidents-one-every-two-days-average

    Feb 27, 2023

    Groundbreaking map shows toxic ‘forever chemicals’ in more than 330 wildlife species

    WASHINGTON – Today the Environmental Working Group published an analysis of peer-reviewed data that for the first time shows the global scope of contamination by the "forever chemicals" known as PFAS, which may be harming over 330 wildlife species around the world.

    The analysis, based on more than 100 recent peer-reviewed studies, detected over 120 unique PFAS compounds in these animals, not just the legacy forever chemicals PFOA and PFOS. Polluted animals were found on every continent except Antarctica. The absence of PFAS in species in Antarctica is not due to a lack of contamination but instead because of the absence of recent test results in the research we studied.

     "This new analysis shows that when species are tested for PFAS, these chemicals are detected," said David Andrews, Ph.D., senior scientist at EWG. "This is not an exhaustive catalog of all animal studies, but predominantly those published from the past few years.

    "PFAS pollution is not just a problem for humans. It's a problem for species across the globe. PFAS are ubiquitous, and this first-of-its-kind map clearly captures the extent to which PFAS have contaminated wildlife around the globe," said Andrews.

    The new interactive map plots a great variety of wildlife, including many types of fish, birds, reptiles, frogs and other amphibians, large mammals such as horses and polar bears, and small mammals such as cats. Some are already endangered or threatened.

    See map here:
    https://www.ewg.org/news-insights/news-release/2023/02/groundbreaking-map-shows-toxic-forever-chemicals-more-330

    Feb 17, 2023

    EPA Proposes Rule to Protect Farmworkers and Pesticide Handlers from Exposures

    WASHINGTON (Feb. 16, 2023) – Today, the U.S. Environmental Protection Agency (EPA) announced a proposed rule that would improve and modernize the pesticide Application Exclusion Zone (AEZ) requirements under the 2015 Agricultural Worker Protection Standard (WPS), reaffirming the Agency's commitment to protecting farmworkers, pesticide handlers, their families, and agricultural communities from pesticide exposure during National Pesticide Safety Education Month.

    "EPA's top priority is to protect public health and the environment, and today's proposal is a significant step forward to further protect the farmworkers, farmers and pesticide handlers who deliver the fuel, fiber and food that runs America," said EPA Administrator Michael S. Regan. "Farmworker justice is environmental justice, and we're continuing to take action to make sure these communities are protected equally under the law from pesticide exposure."


    Application Exclusion Zone

    The Worker Protection Standard regulations offer protections to over two million agricultural workers and pesticide handlers who work at over 600,000 agricultural establishments. In 2015, EPA made significant changes to the standard to decrease pesticide exposure among farmworkers and their family members. Less pesticide exposure means a healthier workforce and fewer lost wages, medical bills and absences from work.

    Among the changes, the revised standard included a new provision requiring agricultural employers to keep workers and all other individuals out of an area called the AEZ during outdoor pesticide applications. The AEZ is the area surrounding an ongoing pesticide application that people must not enter to avoid exposure. An AEZ moves with the equipment during applications to protect farmworkers and bystanders that could be contacted by pesticides.

    In 2020, the previous administration published a rule specific to the AEZ requirements, limiting the applicability of the protections to the agricultural employer's property and shrinking the AEZ size from 100 feet to 25 feet for some ground-based spray applications. Prior to the effective date of the 2020 AEZ Rule, petitions were filed in the U.S. District Court for the Southern District of New York (SDNY) and in the U.S. Second Circuit Court of Appeals challenging the 2020 Rule (now consolidated as case number 20 Civ. 10642). The SDNY issued an order granting the petitioners' request for a temporary restraining order. As a result, the 2020 AEZ Rule has not gone into effect, and the AEZ provisions in the 2015 WPS remain in effect.

    Through its review, EPA has determined that the provisions in the 2020 AEZ Rule that weakened protections for farmworkers and nearby communities from pesticide exposure should be rescinded to protect the health of farmworkers, their families, and nearby communities.


    Please read full EPA announcement here:

    https://www.epa.gov/newsreleases/epa-proposes-rule-protect-farmworkers-and-pesticide-handlers-exposures


    Feb 8, 2023

    DOE - Announces $74 Million to Advance Enhanced Geothermal Systems

    WASHINGTON, D.C. — The U.S. Department of Energy (DOE) today announced a funding opportunity of up to $74 million for up to seven pilot projects that will test the efficacy and scalability of enhanced geothermal systems (EGS). Directed by the landmark Bipartisan Infrastructure Law (BIL), the pilot projects will use innovative technology and a variety of development techniques to capture the Earth's abundant heat resources in diverse geologic settings. Through this investment, DOE hopes the research and development from the findings would demonstrate the growth and ultimate potential for geothermal energy to provide reliable, around-the-clock electricity to tens of millions of homes across the country. This is DOE's first funding opportunity for geothermal energy since the launch of the Enhanced Geothermal ShotTM, part of DOE's Energy EarthShots Initiative, which seeks to cut the cost of geothermal energy 90% by 2035.

    "Advances in enhanced geothermal systems will help introduce geothermal energy in regions where, until recently, the use of this renewable power source was thought to be impossible," said U.S. Secretary of Energy Jennifer M. Granholm. "These pilot demonstrations will help us realize the enormous potential of the heat beneath our feet to deliver clean, renewable energy to millions of Americans."

    Geothermal energy currently generates about 3.7 gigawatts of electricity in the United States, but a new analysis shows it could provide 90 gigawatts of firm, flexible power to the U.S. grid by 2050, as well as heating and cooling solutions nationwide. This substantial geothermal energy potential is, however, largely inaccessible with conventional geothermal technologies. The use of geothermal energy for electricity requires three elements: heat, fluid, and a permeable section of the Earth's crust. While heat exists everywhere underground, many locations lack adequate water and/or permeability. EGS employ human-made underground reservoirs to enable the fluid flow necessary to draw geothermal energy to the surface, where it can be captured to power homes across the country. Achieving this goal would make geothermal energy a clean, cost-effective option across the country, while spurring progress toward President Biden's goals of 100% carbon-pollution-free electricity by 2035 and net-zero emissions by 2050.


    Read full at:

    https://www.energy.gov/eere/geothermal/funding-notice-enhanced-geothermal-systems-egs-pilot-demonstrations

    Feb 2, 2023

    INFECTIOUS DISEASE HAZARDS IN CONSTRUCTION - VIRTUAL FREE CLASS

    Free half-day course designed to educate workers how to identify and manage infectious disease hazards that may lurk at a construction site and to protect the public when performing construction in a healthcare setting.  Infectious disease hazards pose an invisible threat to workers that have the potential for illness or death. This class reveals the hidden risks to workers and explains how exposure can affect one's health and livelihood. The class describes OSHA requirements, best practices and identifies the components of control plans to identify hazards and prevent exposure.

    By the end of this course, participants will be able to:
        • Identify common viral / bacterial / fungal diseases and their methods of transmission
        • Evaluate a work environment's potential for harboring an infectious disease
        • Know what protective equipment and practices to use to prevent infection
        • Know OSHA's requirements for medical surveillance

    Learn more and sign up here:


    Jan 25, 2023

    Latest ‘Fatal Facts’ explores risk of hydrogen sulfide poisoning

    Safety+Health  — OSHA is warning employers and workers about the risk of hydrogen sulfide poisoning in the agency's latest edition of Fatal Facts.

    The resource details the Chemical Safety Board's investigation into the October 2019 hydrogen sulfide release at the Aghorn Operating Waterflood Station in Odessa, TX. During the incident, a worker responded to an alarm from a water pump, which was part of the process of extracting natural gas and crude oil. The worker was alone in the pump house when he tried to close process valves to isolate the pump.

    "Either before the worker's arrival or during his work, the pump unexpectedly energized, releasing water containing H2S gas into the pump house," the newsletter states. "The H2S concentration reached fatal levels, killing the worker."

    OSHA offers likely causes for the incident and lists steps to prevent future incidents. Recommendations include:

    • Mandate the use of personal hydrogen sulfide detection devices as an integral part of every employee or visitor personal protective equipment kit before entering the vicinity of the facility.
    • Ensure detector use is in accordance with manufacturer specifications.
    • Commission an independent and comprehensive analysis of each facility's ventilation design and mitigation systems to ensure workers are protected from exposure to toxic gas.
    • Ensure the hydrogen sulfide detection and alarm systems are properly maintained and configured, and develop site-specific detection and alarm programs and associated procedures based on manufacturer specifications, current codes, standards and industry good practice guidance.
    Read full via source: Safety+Health

    Jan 21, 2023

    Stars Are Disappearing From Sight at an Astonishing Rate - 80% of people in the United States can’t even see the Milky Way swirl of our galaxy anymore.

    For decades, light pollution has been vexing sky lovers and scientists alike. Not to mention the impact light pollution has on the natural world, from affecting human health and birds' nighttime navigation to disorienting baby sea turtles and disrupting the mating patterns of fireflies. And lest we forget: the lighting that causes light pollution wastes important resources.

    Yet despite this knowledge, light pollution has been challenging to document, especially on a global scale. But now, a new study shows that light pollution is rapidly worsening. 

    The analysis comes from Globe at Night, a citizen science program run by the National Science Foundation's NOIRLab. The study concludes that stars are disappearing from human sight at a stunning rate. By relying on the observations of sky-gazers across the globe, the researchers found that light pollution has had much more of an impact than indicated by satellite measurements. 

    From the glimmering swath of our home galaxy, the Milky Way, to a multitude of constellations, the human eye should be able to see thousands of stars on a clear, dark night. Yet thanks to light pollution, 80% of people in the United States can't even see the Milky Way swirl of our galaxy anymore. 

    Jan 18, 2023

    ​A Mass Extinction Is Taking Place in the Human Gut

    "Trillions of bacteria, fungi, and other microbes live in the digestive tract. Many of them are beneficial to human health—influencing our metabolism and immune system, for example. But their diversity is under threat from industrialization, urbanization, and environmental changes."

    As more people move to cities, they adopt new eating habits and are exposed to a different environment. Pastoralists in Ethiopia are also starting to buy more foods such as rice and pasta. This could change the composition of their microbiome and push the specialized bacteria living in their guts to extinction, according to public health researcher Abdifatah Muhummed

    Please read full at:
    https://www.wired.com/story/microbiota-vault/

    Japan estimates Fukushima water release to start in 'spring or summer'

    (Reuters) - The Japanese government gave an estimation for when the water from the destroyed Fukushima nuclear power plant will be released into the sea, saying at a cabinet meeting held on Friday it could happen sometime "around this spring or summer."

    In April 2021, the government approved the release of more than 1 million tonnes of irradiated water from the site after treatment into the ocean. It said the release would happen "in about two years" at the time.

    Japan's foreign ministry said in July that regulators deemed it safe to release the water, which would be filtered to remove most isotopes but would still contain traces of tritium, an isotope of hydrogen hard to separate from water.

    Read full at:

    Jan 3, 2023

    ​DNR Now Accepting Brownfield Assessment Grant Applications

    MADISON, Wis. – The Wisconsin Department of Natural Resources (DNR) is now accepting applications for the Wisconsin Assessment Monies (WAM) brownfield assessment grant program.

    Brownfields are properties where the expansion, redevelopment or reuse of which may be complicated by the presence or potential presence of contamination. Brownfields vary in size, location, age and past use; they can be anything from a 500-acre former automobile assembly plant to a small, abandoned gas station.

    The WAM program provides services and funding to investigate brownfield sites where potential or known contamination is impeding redevelopment. Since 2010, the U.S. Environmental Protection Agency (EPA) has awarded the DNR and its partners $5.3 million in brownfield assessment grant funding. The DNR uses the money to help local governments and others in investigating brownfield properties throughout the state.

    "Conducting an environmental assessment is the first step to bring a brownfields site closer to revitalization," said Jodie Peotter, DNR Brownfields, Outreach and Policy Section Chief.

    Factors that may be considered in award selection are projects in rural or disadvantaged communities, community involvement and support, sites that are impediments to large-scale redevelopment projects, positive community outcomes (e.g., economic, health, livability), financial need and projects with redevelopment plans consistent with local redevelopment objectives.

    Applicants may apply for up to approximately $54,000 in contractor services, where the DNR contracts directly with and oversees qualified environmental professionals to complete the assessment work. Alternatively, subgrants of up to $75,000 are available to communities who prefer to select a qualified consultant and oversee the assessment work.

    Dec 27, 2022

    3M will stop making hazardous ‘forever chemicals’ starting in 2025

    CNN  —  3M, the conglomerate behind Post-It notes and Scotch tape, will stop making controversial per- and polyfluoroalkyl substances (PFAS) by the end of 2025.

    The chemicals, commonly known as "forever chemicals," are found in hundreds of household items and used to make coatings and products that can repel water, grease, heat and oil. The most recent science suggests that these chemicals are much more hazardous to human health than scientists had initially thought and probably more dangerous at levels thousands of times lower than previously believed.

    In a statement Tuesday, 3M said its decision is "based on careful consideration and a thorough evaluation of the evolving external landscape," acknowledging that regulations are cracking down on the chemicals.

    For example, the Environmental Protection Agency announced a proposal earlier this year to label "forever chemicals" as hazardous substances. California also announced a lawsuit recently to recoup the clean-up costs from PFAS.

    "While PFAS can be safely made and used, we also see an opportunity to lead in a rapidly evolving external regulatory and business landscape to make the greatest impact for those we serve," said 3M CEO Mike Roman in a statement. "This action is another example of how we are positioning 3M for continued sustainable growth by optimizing our portfolio, innovating for our customers, and delivering long-term value for our shareholders."

    The company expects to take a financial hit of about $1.3 billion to $2.3 billion over the next few years because of the PFAS discontinuation. Yet 3M (MMM) said PFAS represents a "small portion" of its revenue.

    Read full from
    https://www.cnn.com/2022/12/20/business/3m-forever-chemicals-elimination

    Dec 20, 2022

    FTC Issues Revised "Green Guides" Will Help Marketers Avoid Making Misleading Environmental Claims

    The Federal Trade Commission issued revised "Green Guides" that are designed to help marketers ensure that the claims they make about the environmental attributes of their products are truthful and non-deceptive.

    The revisions to the FTC's Green Guides reflect a wide range of public input, including hundreds of consumer and industry comments on previously proposed revisions. They include updates to the existing Guides, as well as new sections on the use of carbon offsets, "green" certifications and seals, and renewable energy and renewable materials claims.

    "The introduction of environmentally friendly products into the marketplace is a win for consumers who want to purchase greener products and producers who want to sell them," said FTC Chairman Jon Leibowitz. "But this win-win can only occur if marketers' claims are truthful and substantiated. The FTC's changes to the Green Guides will level the playing field for honest business people and it is one reason why we had such broad support."

    In revising the Green Guides, the FTC modified and clarified sections of the previous Guides and provided new guidance on environmental claims that were not common when the Guides were last reviewed.

    Revisions to Previous Guidance. Among other modifications, the Guides caution marketers not to make broad, unqualified claims that a product is "environmentally friendly" or "eco-friendly" because the FTC's consumer perception study confirms that such claims are likely to suggest that the product has specific and far-reaching environmental benefits. Very few products, if any, have all the attributes consumers seem to perceive from such claims, making these claims nearly impossible to substantiate.

    The Guides also:

    • advise marketers not to make an unqualified degradable claim for a solid waste product unless they can prove that the entire product or package will completely break down and return to nature within one year after customary disposal;
    • caution that items destined for landfills, incinerators, or recycling facilities will not degrade within a year, so marketers should not make unqualified degradable claims for these items; and
    • clarify guidance on compostable, ozone, recyclable, recycled content, and source reduction claims.

    New Sections. The Guides contain new sections on: 1) certifications and seals of approval; 2) carbon offsets, 3) free-of claims, 4) non-toxic claims, 5) made with renewable energy claims, and 6) made with renewable materials claims.

    Read full at:

    Nov 21, 2022

    A single scratch on a non-stick coated pan can release approximately 9,100 PFAS plastic particles.

    A new study, published in the Science of The Total Environment (PMID: 36030853) found that a single scratch on a non-stick coated pan can release approximately 9,100 plastic particles.

    "Plastic" in this paper refers to PFAS chemicals that are polymers - not the kind of plastic used in water bottles, etc.

    Many (but not all) chemicals in the PFAS family are classified as polymers. Polymer simply means "many segments" - they are molecules that are long chains made up of many segments.

    This paper has found that non-stick-coated cookware can release thousands to millions of these micro and nano-plastic polymers. They are releasing PFAS particles when used, and these particles are ending up in our food. This testing was done mimicking around 30 seconds of cooking on both new and old/used cookware with different types of utensils.

    Study authors write: "It is expected that the true amount of the released microplastics and nanoplastics from the actual cooking process is significantly higher, even with variations"

    Read study at:

    Nov 4, 2022

    NASA Scientists Join White House Cancer Initiative

    NASA - "Cancer is a leading cause of death among Americans as well as a long-term risk for astronauts due to space radiation exposure. Scientists at NASA have been studying cancer for decades, focusing on understanding risks to astronauts," said NASA Administrator Bill Nelson. "Through this initiative, NASA will work with agencies and researchers across the government to help end cancer as we know it. This endeavor represents NASA's ambition to propel humanity forward – for science, for health, and for hope." 

    NASA's space radiation team is comprised of 25 people across the agency, universities, industries, and government facilities. Representatives meet periodically with the Presidential Cancer Cabinet, which includes Administrator Nelson, to discuss the status of their research, and brainstorm ideas to further progress and interagency collaboration.

    "The White House has requested all hands on deck to improve the outcome of cancer diagnoses," said Vanessa Wyche, director of NASA's Johnson Space Center in Houston. "We are honored to have employees from the Space Radiation Element not only work to protect our astronauts, but also work to protect our nation through the Cancer Moonshot Initiative."

    For instance, scientists are seeking to develop and test new screening technologies for specific cancers as only a handful of cancers currently have well-vetted, early-detection protocols. They strive to incorporate these new detection methods into the astronaut health surveillance program, which could help spot certain cancers earlier and make these measures more widely available.

    "We want to know: What are those cancers' early 'tells'? And how feasible is it to screen for those tells?" explained Robin Elgart, Space Radiation Element lead scientist at Johnson. "If we could find these early-detection technologies and implement them into the astronaut health surveillance program, collaborations through the Cancer Moonshot could pave the way for broader use and acceptance of these new detection methods." 

    "NASA support could even help the new technologies to come to market," added Brock Sishc, Space Radiation Element cancer discipline lead at Johnson. "Then we can help not only our astronauts, but also potential cancer patients on Earth."

    Scientists are also working to identify medicines and dietary supplements that could help reduce the risk of cancer from radiation exposure. Searching for such compounds requires scrutinizing large groups of people over long durations – something NASA's small set of astronauts can't provide. Using connections forged through the Cancer Moonshot to access and process vast data sets involved with modern drug screening may help. Finding patterns in these data sets could reveal new insights.

    In addition, NASA seeks to harness cutting-edge technologies to develop personalized cancer risk assessments from radiation exposure. The research, still in its early stages, involves using small devices called tissue chips, which help scientists model human systems.

    Please read full at:

    Nov 3, 2022

    U.S. Department Of Energy Announces $43 Million to Support the Clean Energy Transition in Communities Across the Country

    Research Projects Across 19 States, the District of Columbia, and Puerto Rico Will Help Communities Improve Energy Planning, Increase Grid Resilience, and Restore Power After Disasters

    The U.S. Department of Energy (DOE) today announced $43 million for 23 projects to help communities plan their transition to a clean energy future and improve grid reliability and security. Twenty research projects will focus on increasing communities' resilience to disruptions from extreme weather and other disasters, and three will focus on building tools to help communities better evaluate and benefit from local energy resources. Researchers will develop and share planning methodologies, tools, technologies, and best practices that can be replicated in communities across the country as they work to install clean energy and strengthen grid infrastructure. Today's project announcements will help communities secure their energy future and support President Biden's goals to decarbonize the electricity sector by 2035 and achieve a net-zero economy by 2050.

    "Knowledge is power, especially when it comes to giving local communities the tools to understand and make informed decisions about their own energy supply and needs," said U.S. Secretary of Energy Jennifer M. Granholm. "These critical projects will help deliver reliable, affordable energy to every pocket of America—strengthening the safety and resiliency of communities across the nation and improving the quality of life for Americans everywhere."

    Communities across the nation have faced increased disruptions in power caused by extreme weather events due to climate change. According to NOAA's National Centers for Environmental Information, the U.S. has sustained 15 climate disaster events in 2022 with losses exceeding $1 billion each. Overall, these events have cost $30 billion and had significant economic effects on the areas impacted. Power outages can have disastrous effects, shutting down critical services such as water, energy, communications, transportation, and other types of infrastructure.

    The Renewables Advancing Community Energy Resilience (RACER) funding program seeks to enable communities to utilize solar and solar-plus-storage solutions to prevent disruptions in power caused by extreme weather and other events, and to rapidly restore electricity if the power goes down. The 20 projects selected under RACER will advance innovative approaches to community energy planning and develop and demonstrate resilient clean energy technologies. These projects span over 30 diverse communities from California to Puerto Rico, and include partners from local and state governments, national labs, universities, and nonprofit organizations.  

    Read more at:
    https://www.energy.gov/articles/doe-announces-43-million-support-clean-energy-transition-communities-across-country

    ​ EPA Issues Final List of Contaminants for Potential Regulatory Consideration in Drinking Water, Significantly Increases PFAS Chemicals for Review

    WASHINGTON (November 2, 2022) – Today, the U.S. Environmental Protection Agency (EPA) published the Final Fifth Drinking Water Contaminant Candidate List (CCL 5), which will serve as the basis for EPA's regulatory considerations over the next five-year cycle under the Safe Drinking Water Act. This update includes a substantial expansion of per- and polyfluoroalkyl substances (PFAS), an important first step towards identifying additional PFAS that may require regulation under the Safe Drinking Water Act.

    "Following public engagement and robust scientific review, the final contaminant candidate list is the latest milestone in our regulatory efforts to ensure safe, clean drinking water for all communities," said EPA Assistant Administrator for Water Radhika Fox. "As EPA takes action to protect public health and the environment from PFAS, including proposing the first nationwide drinking water standards later this year, today's final CCL 5 looks further forward to consider additional protective steps for these forever chemicals."

    A year ago, EPA published the PFAS Strategic Roadmap, outlining an Agency-wide approach to addressing PFAS in the environment. Today's announcement strengthens EPA's commitment to protect public health from impacts of PFAS and support the Agency's decision-making for potential future regulations of PFAS.

    In addition to a group of PFAS, the Final CCL 5 includes 66 individually listed chemicals, two additional chemical groups (cyanotoxins and disinfection byproducts (DBPs)), and 12 microbes.

    In developing the Final CCL 5, EPA requested public nominations, providing an opportunity for people to make recommendations to the Agency about specific contaminants of concern that may disproportionally affect their local community. EPA further enhanced the CCL process based on comments received on this CCL and previous CCLs, including by prioritizing data most relevant to drinking water exposure, improving considerations of sensitive populations including children, and considering the recommendations included in the Review of the EPA's Draft Fifth Contaminant Candidate List (CCL 5) report from the Science Advisory Board. These improvements resulted in a Final CCL 5 that can better inform prioritization of contaminants for potential regulatory actions and/or research efforts.

    More information on the final Fifth Contaminant Candidate List (CCL 5).

    Oct 10, 2022

    ​OSHA awarded $11.7M in grants to provide training on hazard recognition and injury prevention, workers' rights, and employers' responsibilities.

    The U.S. Department of Labor today announced the award of $11,746,992, in grants to support worker and employer education to make workplaces around the nation safer and healthier.

    Administered by the department's Occupational Safety and Health Administration, the Susan Harwood Training Grant Program is making grants to 90 nonprofit organizations in fiscal year 2022 for education and training on hazard recognition and injury prevention, workers' rights, and employers' legal responsibilities to provide safe and healthful workplaces.

    Named for late Susan Harwood, former director of OSHA's Office of Risk Assessment, the grants are awarded in the Targeted Topic Training, Training and Educational Materials Development, and Capacity Building categories. During her 17 years with OSHA, Dr. Harwood helped develop federal standards to protect workers from bloodborne pathogens, cotton dust, benzene, formaldehyde, asbestos and lead in construction.

    Please read full announcement here:

    Sep 8, 2022

    EPA determined that Pigment Violet 29 (PV29) presents unreasonable risk to human health. 

    The agency assessed the impact of PV29 on workers, the general population, and consumers. EPA found unreasonable risk to workers and occupational non-users from manufacture, processing, industrial/commercial use in paints and coatings and merchant ink, and disposal. This is based on the severity of the health effects (specifically lung toxicity effects known as alveolar hyperplasia or an adverse increase in the number of cells in the lungs where oxygen transfer occurs) from long-term inhalation exposure. These risks drive the whole chemical determination of unreasonable risk to human health.

    Read full at EPA:
    https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/final-risk-evaluation-ci-pigment-violet-29

    Aug 30, 2022

    EPA Advances Rule to Designate PFOA, PFOS as CERCLA “Hazardous Substances”

    Michael Best & Friedrich: After months of speculation as to timing, last week the U.S. Environmental Protection Agency (EPA) Administrator Regan advanced the Agency's proposed rule for the "Designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances." The official version of the proposed rule has not yet been published in the Federal Register. When that occurs (expected within a few days), the 60-day public comment period will be triggered.  The proposed rule's release is on the heels of the Office of Management & Budget's (OMB) announcement that it designated the rulemaking as an economically significant action – a designation for measures expected to cost more than $100 million. The proposed rule attempts to address OMB's announcement by releasing its economic analysis (EA) of the potential costs, benefits and impacts associated with this action. When the proposed rulemaking is officially published, EPA's Economic Assessment of the Potential Costs and Other Impacts of the Proposed Rulemaking to Designated Perfluorooctanoic Acid and Perfluorooctanesulfonic Acid as Hazardous Substances will be available for review and comment in EPA's docket.


    EPA designates five economy-wide categories of entities potentially affected by the proposed rule:

    • PFOA and/or PFOS manufacturers (including importers and importers of articles)
    • PFOA and/or PFOS processors
    • Manufacturers of products containing PFOA and/or PFOS;
    • Downstream product manufacturers and users of PFOA and/or PFOS products; and
    • Waste management and wastewater treatment facilities.


    Given the widespread historic use of PFOA and PFOS for fire suppression and in the manufacture of consumer products and packaging, the proposed rule has wide-reaching impact and EPA's "categories" confirms the same.

    Designation as Hazardous Substances
    There are two ways that a substance may defined as a "hazardous" substance under CERCLA. The first is automatic when the substance is identified as hazardous or toxic pursuant to other specified federal environmental statutes (such as the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, etc.). The second is where the substance is designated as hazardous pursuant to CERLCA Section 102.  EPA's rulemaking is pursuant to CERCLA Section 102(a) which allows EPA to promulgate regulations designating as hazardous a substance "which, when released into the environment may present substantial danger to the public health or welfare or the environment." 42 U.S.C. § 9602(a).

    Notably, EPA has never exercised its authority pursuant to Section 102(a) before so it has not previously issued an interpretation of the standard for designating a hazardous substance under CERCLA. The proposed rule conducts such an analysis to defend its rulemaking. Given that EPA has not used its authority in this manner before, expect this to be an area of focus for future legal challenges.

    "Direct Impact" of the Proposed Rulemaking
    EPA identifies three direct effects of the proposed rule. First, any person in charge of a vessel or facility must report releases of PFOA and PFOS of one (1) pound or more within a 24-hour period. EPA acknowledges this will apply to very few facilities/vessels because the Agency's estimate is that this will cause an increased cost of $561/release and an estimated annual cost of $370,000.  The second direct effect is that Federal agencies would be required to meet all of the property transfer requirements of CERCLA 120(h) when selling or transferring Federally-owned real property. This would require providing notice when any hazardous substance was stored for one year or more, known to have been released or disposed of, and providing a covenant warranting that all remedial action necessary to protection human health and the environment with respect to hazardous substances has occurred before the transfer (or will be conducted by the Federal government after the transfer).  With PFOA and PFOS included as hazardous substances, Federal agencies would need to consider those compounds in any property transfer notice.  The third direct effect is that upon designation as a hazardous substance, the Department of Transportation (DOT) would be required to list and regulate PFOA and PFOS as hazardous materials under the Hazardous Materials Transportation Act (HMTA).

    "Indirect Impacts" of the Proposed Rulemaking
    EPA seemingly acknowledges that the real "action" of this proposed rulemaking is what the agency considers "indirect, downstream effects" of the designation.  These "indirect effects" include:

    • EPA and other agencies exercising delegated CERLCA authority to respond to PFOA and PFOS releases and threatened releases without making the imminent and substantial endangerment finding that is required for responses now.
    • EPA and delegated agencies could require potentially responsible parties ("PRPs") to address PFOA and PFOS releases that pose an imminent and substantial danger to public health or welfare or the environment.
    • EPA and delegated agencies could recover PFOA and PFOS cleanup costs from PRPs, "to facilitate having polluters and other PRPs, rather than taxpayers, pay for these cleanups."
    • Private parties that conduct cleanups that are consistent with the National Oil and Hazardous Substances Contingency Plan (NCP) could also recover PFOA and PFOS cleanup costs from PRPs.


    EPA asserts that the CERCLA designation would "likely increase the pace at which cleanups occur because it will allow the Federal government to require responsible private parties to address releases of PFOS and PFOA at sites without other ongoing cleanup activities, and allow the government and private parties to seek to recover cleanup costs from PRPs assuming relevant statutory criteria are met."

    EPA considers CERCLA response actions, including the investigation of hazardous substance releases and determining if removal or remedial action is necessary, to be "contingent, discretionary, and site-specific actions" as compared to the "only automatic, private party obligation that flows from designation as a CERCLA hazardous substance" which is the obligation to report releases of PFOA and PFOS.  EPA uses this apparent distinction to assert that this designation "does not create new costs, but rather allows costs to be shifted from the taxpayer to parties responsible for pollution under CERCLA" and that "[e]ven in those circumstances, where the government is able to transfer costs, a private party's ability to pay response costs is taken into account under the statute and in EPA's implementation" of CERCLA.


    Read full from Michael Best & Friedrich:
    https://www.michaelbest.com/Newsroom/296003/EPA-Advances-Rule-to-Designate-PFOA-PFOS-as-CERCLA-Hazardous-Substances