PFAS (per- and polyfluoroalkyl substances) are driving Michigan’s latest surface and groundwater crisis, infiltrating public waters with what the media and others describe as “emerging” contaminants. It turns out, however, that this class of persistent fluorinated chemicals, known as “forever” chemicals due to their extraordinarily strong bonds, is anything but emergent.
In fact, the responsible chemical manufacturers (DuPont, 3M, and six others), U.S. Environmental Protection Agency (EPA), and U.S. Department of Defense (DOD) have known for decades about the toxicity of PFAS, adverse health effects on humans and the environment, and persistent nature of this family of 5,000+ chemicals. In 2017, the Pentagon identified 401 military sites with known or potential releases of these chemicals.
Complex litigation and class action lawsuits now decades old involving former DuPont employees, 3M, and other manufacturers established causation and linked adverse human impacts to known scientific toxicological effects. Just watch the film The Devil We Know for a gut-wrenching look at what happens to animals, humans, families, and communities poisoned by PFAS contamination when chemical manufacturers and regulatory agencies duplicitously cooperate, ignore science, and continue to produce these chemicals that are ubiquitously found in our food, bodies, drinking water, clothes, and other consumer products sold around the globe.
The most commonly known PFAS-containing household products include Scotchgard®, Teflon®, and Gore-Tex®. PFAS chemicals can be found just about everywhere on the planet, including in mammals in remote Arctic regions. How vast a problem is this? Vast and unprecedented. “An estimated five million to 10 million people in the United States may be drinking water laced with high levels of the chemicals,” according to the New York Times. And an alarming ninety-eight percent of Americans are estimated to have some level of these fluorinated chemicals in their blood.
In 2016, the EPA set a non-enforceable health advisory for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonate (PFOS) levels in drinking water at a combined 70 parts per trillion (ppt). The Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry, however, have stated repeatedly that exposure to even lower concentrations may pose health risks. Despite all that we know, in 2019 Americans still have no federal drinking water standard and no federal cleanup standard to protect communities from harmful health effects from these forever chemicals.
At the State Level
Without federal leadership to set drinking water and cleanup standards, and Superfund polluter liability, the states have to fend for themselves to address a nationwide crisis affecting everything from food, drinking water, wastewater, public health, wildlife, commercial household products, and industry processes. States including Colorado, Minnesota, Michigan, New Jersey, New Mexico, Texas, Vermont, and Washington have or are in the process of developing policies to regulate drinking water and cleanup for this class of toxic chemicals. And another 11 states—Alabama, California, Illinois, Massachusetts, Mississippi, Montana, New Hampshire, New York, North Carolina, Pennsylvania, and Wisconsin—are considering following suit, according to Bloomberg Environment analysis (check out Safer States’ bill tracker to see what’s happening in your state).
In Michigan, DEQ scientist Robert Delaney warned the state about the PFAS health crisis as early as 2012 in a seminal report that was largely ignored. That same year, the Michigan Department of Health and Human Services issued a “Do Not Eat” fish advisory near the former Wurtsmith Air Force Base. Given that these chemicals can bioaccumulate in aquatic ecosystems resulting in higher levels in fish tissue, Michigan issued a health advisory for surface waters at 11 to 12 ppt.
With the discovery of PFAS at Wurtsmith Air Force Base and post-Flint crisis, the State of Michigan launched the Michigan PFAS Action Response Team (MPART) in 2017 to investigate the drinking water systems, wastewater treatment plants, schools, and landfills across the state. The more the State of Michigan looked, the more PFAS-contaminated sites have been found.
In January 2018, the DEQ issued an emergency clean-up standard at 70 parts per trillion (ppt) in groundwater used for drinking water in Michigan. To date, the State of Michigan has tested 1,400 community water systems, and 90 percent of them have no detectable PFA levels. The 10 percent, however, are a significant concern. An executive order signed by Governor Gretchen Whitmer strengthened MPART (the Michigan PFAS Action Response Team) so that it can efficiently inform the public about toxic contamination threats, locate additional PFAS contamination zones, and take action on behalf of Michigan residents, notably by protecting their drinking water supplies from the family of chemicals.
But more needs to be done. Now.
State attorneys general, for example, need to further collaborate and take leadership in building a nationwide coalition to initiate litigation and demand federal agency action for drinking water and cleanup standards. In 2018, Minnesota’s Attorney General won an $850 million settlement with 3M, a manufacturer of perfluorinated chemicals (PFCs).
Where Things Stand
EPA’s recent release of a PFAS Action Plan is the latest example of government foot dragging in the extreme. The plan appears designed to slow the federal response and shift the burden to the states to set their own standards.
On March 1, Michigan’s U.S. Senators Gary Peters and Debbie Stabenow, along with ten other Senators, introduced legislation to regulate PFAS as a “hazardous substance” under the Comprehensive Environmental Response, Compensation, and Liability Act, also known also as CERCLA or Superfund. Under the bill, the EPA would have regulatory enforcement powers over PFAS and could require polluters to pay for PFAS groundwater contamination and clean up. U.S. Representative Debbie Dingell introduced identical legislation in the House (HB 545). On March 5, Governor Whitmer issued a supplemental budget request for $120 million in clean water funds, including $30 million for PFAS research and clean up.
Liz Kirkwood, Executive Director
With a family of 5,000 chemicals infused in everything from clothes to household products to manufacturing, federal and state toxicologists and risk experts are working hard to understand and evaluate the science of exposure and health impacts, and to determine what standards define an acceptable risk. In Michigan, leading toxicologists include among others Dr. Rick Rediske, Carol Miller, Rita Loch-Caruso, Courtney Carignan, and Steve Safferman. Their findings are critical to informing and resolving current state and federal policy debates on safe drinking water and clean up levels.
This latest surface and groundwater crisis is a reminder of how interconnected we are, how vulnerable the water cycle is, and how national chemical policy reform is urgently needed to protect human health and the environment before chemicals are put into commerce and adversely contact with human and the natural environment.