The Potential of the PFAS Action Act of 2019

On Jan. 10, the U.S. House of Representatives passed H.R. 535, titled the PFAS Action Act of 2019 (bill), to amend several existing statutes in order to require regulation of per- or polyfluoroalkyl substances (PFAS). PFAS are a group of nearly 5,000 chemicals that have been used—due to their resistance to grease, stains and water and their ability to reduce friction—in a panoply of materials and products. PFAS may be found in household items including cookware, sofas, carpets, clothing, and food packaging, and have been used in a variety of industries from aerospace to paper production. Unfortunately, due to their strength and stability, PFAS are also difficult to break down, persist in the environment and bioaccumulate. While some manufacturers have argued that bioaccumulation only occurs with the older, so-called “long-chain” PFAS, not “short-chain” PFAS, both are equally toxic. PFAS have been linked to heightened cholesterol, cancer, low infant birth weights, immunological effects and thyroid hormone disruption.

To date the EPA has not regulated PFAS, although it has established an unenforceable drinking water health advisory level of 70 parts per trillion for the combination of two of the most notable and studied PFAS variants, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). Some states, however, have taken the lead. For example, in addition to already having set a drinking water maximum contaminant level (MCL) for perfluorononanoic acid (PFNA) at 13 ppt, New Jersey has initiated the process of promulgating drinking water standards for PFOA and PFOS, to set their limits at 13 and 14 ppt respectively. As a result of the proposed standards, an interim standard of 10 ppt applicable to both groundwater and drinking water sources was established. In Pennsylvania, Gov. Tom Wolf signed an executive order calling for a PFAS action team to address PFAS contamination and establish a cleanup plan. Sampling results in early December 2019 found that only one of the 96 sites sampled had a PFAS level higher than the EPA’s advisory level. Pennsylvania has also committed to the process of setting its own drinking water MCL for PFAS.