The Rush to Ban PFAS Could Undermine Public Health

In the midst of the ongoing COVID-19 pandemic, certain members of Congress are inexplicably threatening to exacerbate the current public health crisis and may, in the process, create another one.

Congress is currently considering a bill called the PFAS Action Act of 2021, that would in effect, regulate PFAS or per-and polyfluoroalkyl chemicals out of existence. This would be done by directing the Environmental Protection Agency (EPA) to designate PFOA and PFOS as hazardous substances. Known as “forever chemicals,” PFAS in drinking water have been a hot topic of late among environmentalists, the media, and trial lawyers. Alarmist stories of alleged health issues related to exposures to these chemicals abound, but the underlying facts tell a different story.

PFAS chemicals are a crucial component of countless pieces of medical equipment due to their chemical inertness and durability. From the gowns and drapes used to protect those on the medical frontlines from COVID-19 infection to implantable medical devices such as grafts and catheters, these chemicals are a critical component of lifesaving products that patients and healthcare professionals rely on every day. Considering the fact that there are not commercially available substitutes to PFAS for many of these medical applications, the last thing we need is to take these beneficial products away from patients and doctors.

Further, the Environmental Protection Agency (EPA) lists many common sources of drinking water contaminants including waste from agriculture, humans, and animals as well as treatment and distribution, among other sources, but PFAS chemicals are notably absent from this list. Scant underlying science or public health evidence exists to support such a ban, including the notable absence of any drinking water standards. 

This may be due to the fact that, from 2013 to 2015, the EPA conducted a drinking water national survey that found that less than two percent of public water supplies in the U.S. under review had noticeable levels of PFAS. Furthermore, the PFAS that are linked to health effects in water were older chemistries that were not produced in the United States at the time of the study.

The legislation lacks a thorough analysis of the issues or even ingredients used in this chemical. PFAS chemicals are made up of over 5,000 compounds. Most of the regulatory efforts under consideration lump into one basket all PFAS, POFA and PFOS chemicals, the latter two of which are no longer used by companies. Rather than recognizing the unique chemical makeup and uses of individual compounds, as well as the fact that PFAS substances have not been deemed harmful, it treats them all the same. Eliminating a large group of compounds like this without a thorough study disregards any benefit this chemical might have for health and safety.

The upcoming release from the EPA of water testing data, as required by the National PFAS Testing Strategy, will do little to help bolster arguments for a PFAS ban. The orders to conduct these tests were issued long before the EPA’s PFAS categorization framework, which are essential to obtain data critical for informing the Agency about PFAS hazards, exposure, and risk. As a result, the data presented will likely be skewed and biased toward a result that creates more panic than informs the public. 

It is hard to understand this rush to pass such a broad piece of legislation, among such confusion and absent such basic evidence.

Banning PFAS chemicals without a thorough analysis with sound data and a review of the consequences is sure to eliminate jobs, cripple industries and leave consumers without life-saving medical devices. This last point is of particular concern to experts in the medical community.

That’s why leaders in Washington, such as Congressman Larry Bucshon (R-IN), a heart surgeon have, as The Hill reports, criticized the authors of the PFAS Action Act. This is for “failing to include an amendment that would exempt PFAS use in medical devices — suggesting that the text as-is could jeopardize access to life-saving drugs.”

While the PFAS Action Act has passed in the House of Representatives, it is still under review in the Senate. However, there is still time for elected officials to pivot away from this reactionary legislation. 

The EPA is currently spearheading efforts to develop science-based standards for addressing PFAS. Congress would do well to listen closely to the EPA and also appoint its own non-partisan group of experts to produce a scientific analysis for the American public to see and for legislators to make their own judgment.

Health and safety should always come first. Accomplishing this means that Congress needs to conduct a proper analysis to understand every facet of a potential decision on a PFAS ban before giving such an action legislative priority. A rush to mandate and regulate without proper scientific analysis could prove to be another costly blow to public health and the economy. 

Gary D. Alexander served as Pennsylvania’s Human Services Secretary from 2011-2013 and Rhode Island’s Secretary of Health and Human Services from 2006-2011.