Durbin, McCollum Introduce Bill To Mitigate Use Of Toxic PFAS

Durbin, McCollum Introduce Bill To Mitigate Use Of Toxic PFAS

More than 12,000 types of PFAS, known as "forever chemicals," have been identified

WASHINGTON - U.S. Senate Democratic Whip Dick Durbin (D-IL) and U.S. Representative Betty McCollum (D-MN-04) today introduced bicameral legislation to address the excessive use of per- and polyfluoroalkyl substances (PFAS) across the nation's supply chain, which has led to the harmful compounds contaminating water sources and infiltrating surrounding environments and communities. The Forever Chemical Regulation and Accountability Act would mitigate PFAS exposure and contamination by prohibiting excessive, non-essential PFAS uses and releases of any PFAS into air, water, or land.

The bill would also institute a realistic and manageable timeline of 10 years for PFAS manufacturers to stop production of all non-essential PFAS and to eliminate all PFAS releases from their facilities. Further, the Forever Chemical Regulation and Accountability Act would address state statutes of repose and certain bankruptcy maneuvers to make sure those responsible for harms due to certain regulated substances, such as PFAS, do not evade liability.

"Protecting our environment and Americans from toxic hazards like PFAS is a matter of public health-especially when PFAS is commonly used in household products and can be found in our water systems," said Durbin. "With the Forever Chemical Regulation and Accountability Act, we can work toward phasing out the unnecessary uses of PFAS, protecting consumers and our environment from the hazards of these chemicals."

"Minnesotans know all too well the threat that PFAS contamination poses to the health and safety of our communities. I'm proud to partner with Senator Durbin to reintroduce our legislation which will set a ten-year national deadline to eliminate PFAS wherever possible," said McCollum. "This legislation builds on the leadership of Minnesota's elected officials, who passed Amara's Law to protect the health of our residents and confront environmental contamination through a ban on non-essential uses of PFAS. Our legislation would establish a federal ban, while also investing in research and ensuring thoughtful, science-backed safeguards that keep people safe and healthy. Reintroducing this legislation is the first step towards ensuring that communities across America have access to the clean and safe drinking water they deserve."

The Forever Chemical Regulation and Accountability Act would:

• Initiate a National Academies of Sciences, Engineering, and Medicine study to review the persistence, bioaccumulation, and human health risks of PFAS. The Academies would also identify current PFAS uses and provide guidance on classification of essential or non-essential uses, which will be used by the U.S. Environmental Protection Agency (EPA) to require those designated "non- essential" to be phased out.

• Require all PFAS manufacturers and users to file reports with EPA to disclose certain information relating to PFAS, and require manufacturers and users to submit a phase-out schedule of their products to be completed within 10 years.

• Direct EPA to facilitate phasing out non-essential PFAS production, consumption, and possession and prohibit manufacturers and commercial users from releasing any PFAS into the environment within 10 years.

• Establish deadlines for manufacturers to remove PFAS from certain consumer products.

• Reinforce that, to the maximum extent possible, PFAS should be eliminated from products or replaced by substitutes that reduce risk to human health and the environment. The bill also would direct federal agencies to maximize resources to achieve this goal.

• Establish regional PFAS rapid response hubs to advance PFAS replacement and remediation.

• Require EPA to collect fees to administer the reporting and petition processes.

• Prevent large corporations from exploiting bankruptcy procedures to avoid claims related to persistent, bioaccumulative, and toxic chemicals, including PFAS, ensuring that individuals who have been harmed by such chemicals can have their day in court.

• Update the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to toll state statutes of limitations and statutes of repose for newly-designated hazardous substances, such as PFAS, until the later of the date on which it was designated as a hazardous substance or when the plaintiff knew or reasonably should have known their injury was caused by the substance.

PFAS are a class of chemicals that are highly toxic and can even be harmful at low doses. They are considered "forever chemicals" as they do not breakdown easily and can accumulate in people, food, and the environment. People can be exposed by consuming PFAS-contaminated water or food or by using products that contain PFAS such as food packaging or non-stick cooking surfaces. Despite preliminary evidence showing the chemicals' toxicity as early as the 1960s, these dangers were not publicly known until the late 1990s. It is estimated 99 percent of Americans have PFAS in their blood. PFAS have been linked to serious illnesses, including several types of cancer, birth defects, and thyroid disease.

The legislation has earned the endorsement of the Environmental Law and Policy Center.

A section-by-section on the bill can be found here.

A one-pager on the bill can be found here.

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