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What are PFAS? A Primer on Per- and Polyfluoroalkyl Substances

By Johanna Adashek

This blog post is the first of a two-part post on PFAS. This post defines, explains the history and usage of, and summarizes the basic science of PFAS. It also covers recent federal regulatory initiatives addressing PFAS. The next post in the series explores the history of one PFAS: PFOA, with a focus on the story of Rob Bilott’s fight against the chemical companies behind PFOA.

Sometimes referred to as “forever chemicals,” PFAS are synthetic, or man-made, chemicals found almost ubiquitously in the air, water, and soil. They bioaccumulate and biopersist in the bloodstream and have been tied to different cancers and fertility problems. The term PFAS refers to perfluoroalkyl and polyfluoroalkyl substances. There are thousands of PFAS; the Environmental Protection Agency (EPA) updates a master list called PFASMASTER that additionally includes “partially fluorinated substances, polymers, and ill-defined reaction products.” The list grows continuously larger and, as of August 2022, includes more than 12,000 chemicals. Companies began manufacturing PFAS in the 1940s and, despite widespread evidence of their harm, these harmful chemicals are still manufactured today. PFAS can be found in nonstick cookware, water-repellent clothing, stain resistant fabrics, shaving cream, cosmetics, firefighting foams, and even tap water.[1]

The Basic Science Behind PFAS

PFAS break down slowly over time. They are made up of linked carbon and fluorine atoms, which create a very strong bond that does not degrade easily. The carbon-fluorine bond is also coveted due to its hydrophobic and oleophobic properties, which makes PFAS both water and oil repellent. Certain PFAS are surfactants, capable of reducing surface tension between two substances. For this reason, PFOA, a surfactant, was the secret ingredient behind Teflon, solving a problem that had previously made Teflon hard to produce on a wide scale.

According to the Environmental Protection Agency (EPA), PFAS are present in the blood of people and animals all over the world, as well as a variety of food products. PFAS leach into the soil, air, and water, and are likely consumed through contaminated water and food, products or product packaging, air, soil, and dust. A report from the Center for Disease Control and Prevention (CDC)’s cross-sectional survey, the National Health and Nutrition Examination Survey (NHANES), found that PFAS (specifically PFOA, PFOS, PFHxS, and PFNA) were detected in 97%-100% of blood samples from their 1,682 participants. Differing levels of exposure result in varying levels of potential harm to human health. Exposure to certain levels of PFAS have been linked to interference with natural hormones, increased cholesterol, decreased fertility, developmental delays, and increased risks of cancer.

The Current State of PFAS Regulation

In 2021, the White House announced a new plan to combat PFAS pollution. The plan involved eight different administrative agencies working to clean up PFAS in their respective fields. A key aspect of the White House’s PFAS clean-up plan involves the EPA and its three-year PFAS Roadmap. The plan entails a multifaceted approach that recognizes the need to address the entire lifecycle of PFAS–including manufacture, distribution, use, and disposal–as well as from many different regulatory mechanisms. Across all sectors, EPA plans to increase and diversify research and monitoring from air, water, land, and animal, aquatic, and human species. 

EPA’s Office of Chemical Safety and Pollution Prevention plans to develop a national PFAS testing strategy to fill the data gap and determine which PFAS to regulate under the Toxic Substances Control Act (TSCA). EPA intends to utilize its TSCA section 4 authority to order PFAS manufacturers to fund and conduct studies. Under the new TSCA amendments, which are expected to provide more enforcement capability to EPA, EPA plans to conduct studies and apply rigorous safeguards to reviews of new PFAS chemicals. In addition to new chemicals, EPA announced its intention to use TSCA Section 5(e) to regulate significant new uses of existing chemicals, those that had previously been subject to TSCA regulation. Under the Emergency Planning and Community Right-to-Know Act and the Pollution Prevention Act, EPA proposed a rulemaking in 2022 to categorize PFAS as “Chemicals of Special Concern” and remove chemicals in that category from de minimis eligibility. EPA proposed a rule in 2021 under TSCA Section 8 that would require reporting and record keeping for PFAS from certain persons that manufacture or import PFAS. However, after receiving comments regarding underestimated cost valuations, the final rule has not yet been issued as of this writing.

EPA’s Office of Water promulgated the Fifth Unregulated Contaminant Monitoring Rule, which expanded nationwide monitoring of drinking water, specifically for 29 PFAS. In 2021, EPA published a final determination to regulate PFOA and PFOS under the National Primary Drinking Water Regulations established in the Safe Drinking Water Act, which means it will begin developing national drinking water standards for PFOA and PFOS. Statutorily, EPA has 24 months after the determination to propose a regulation, and 18 months from the proposal to make a decision on a final regulation. EPA is also working on toxicity assessments for GenX chemicals, PFBA, PFHxA, PFHxS, PFNA, and PFDA. According to EPA’s Preliminary Effluent Guidelines Program Plan 15 from 2021, EPA announced its intention to develop PFAS regulations for effluent limitations. Under the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) program, EPA plans to use the program to monitor PFAS discharges into water and require best management practices. The data will also help address stormwater contaminated from PFAS in firefighting foam and to inform the Effluent Limitation Guidelines mentioned previously. Lastly, as compared to the 2002 consent decree between EPA and DuPont whereby the parties agreed that the maximum threshold for drinking water for PFOA was 150 ppb (parts per billion), in 2022, EPA set a new health advisory for PFOA at a concentration of 0.004 ppt (parts per trillion).

After decades of contamination, EPA proposed designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). If designated a hazardous substance, then CERCLA section 103 requires any person in charge of a vessel or facility to report releases of PFOA and PFOS of one pound or more within a 24-hour period. A hazardous substance designation would also subject companies to liability for releases of PFOA and PFAS and allow agencies to seek recovery costs for cleanup of these hazardous substances. As more research is conducted, EPA plans to consider listing additional PFAS as hazardous substances. Pursuant to a petition from New Mexico’s governor, EPA stated its intention to add four PFAS (PFOA, PFOS, PFBS, and GenX) as Hazardous Constituents under RCRA Appendix VIII. An additional proposed rulemaking would clarify that PFAS can be cleaned up under RCRA’s Corrective Action Program.

While PFAS are not currently listed as Hazardous Air Pollutants under the Clean Air Act, EPA plans to identify sources of PFAS air emissions, create monitoring approaches, research cost-effective mitigation technology, and assess the public health impacts of PFAS.

Recent congressional appropriations will help enable some of these programs. With funds from the Infrastructure Investment and Jobs Act enacted in 2021, EPA was appropriated $10 billion to address PFAS and other emerging contaminants. Broken down, this includes $5 billion for drinking water, $4 billion for the Drinking Water State Revolving Fund, and $1 billion for PFAS in wastewater and stormwater infrastructure. With substantive action from EPA, other agencies, and states,[2] PFAS regulation is stronger than it has ever been and will hopefully continue to better address the complex and multifaceted problems that result from PFAS exposure.

[1] For more examples of and locations for PFAS exposure: Ken Cook, The PFAS and the Furious, Envtl. Working Group (Sept. 17, 2020), https://www.ewg.org/research/the-pfas-and-the-furious.

[2]See Alexandra Dapolito Dunn, The Everywhere Chemicals, 24 Env’t F. 25, 28, 30 (2023).

Sources

<strong>Johanna Adashek</strong>
Johanna Adashek

Johanna Adashek is a Visiting Associate Professor and Environmental Law Fellow at The George Washington University Law School.

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