As you may recall from my intro post, my work as an attorney is focused primarily on environmental pollution. Right now, water contamination is an issue that affects everyone. I plan to post a series of articles, each one addressing a contaminant that has been the subject of recent investigations. Today, it’s PFOA.

What is PFOA?

Perfluorooctanoic acid contamination, commonly known as PFOA, has been discovered in several states across the country, including New York, Pennsylvania, Vermont, Michigan, and New Hampshire. PFOA is a synthetic chemical found in a variety of consumer and industrial products, the most familiar being Teflon. Indeed, many of you might remember the media firestorm that took place a decade or so ago after studies revealed that the popular nonstick coating used on cookware may cause adverse health effects such as cancer.

Where is it found?

PFOA is a surfactant that is part of a family of substances known as perfluorinated compounds (PFCs). Surfactants are typically used during the process of making other chemicals (Teflon (PTFE), for example) due to their ability to alter surface tension. PFOA, which is both water and lipid resistant, was commonly used during manufacturing to make certain products waterproof and stain resistant. Teflon is the most popular PFOA-containing product, but it is not the only one. Things like carpet, dental floss, leathers, clothing, and even pizza boxes were made using PFOA. In addition to consumer products, it is also found in industrial products such as firefighting agents.

How did we find out it is toxic?

In 1998, a few local farmers in West Virginia sued DuPont claiming that activities at the company’s Washington Work plant were harming their cattle. They knew the site was contaminated but they didn’t know with what. It wasn’t until the discovery phase of the litigation that PFOA was identified and its harmful effects became known. At the time, PFOA was not regulated by the Environmental Protection Agency nor was it considered a hazardous substance. Ironically, the “studies” mentioned in the opening paragraph were secret medical studies performed by DuPont and 3M in the decades prior. They had known for quite some time that PFOA was harmful (at least to animals); they just didn’t bother telling anybody. So for many, many years, DuPont used the property next to the farmers’ as a landfill for PFOA-saturated sludge.

The farmers’ case ultimately led to a class action, which resulted in a historical settlement and the industry’s promise to stop using the product by 2015. One of the key terms of the DuPont settlement was the funding of a science panel tasked with monitoring the physical condition of the area’s residents from 2005-2013.

Why the recent surge in contamination?

PFOA’s newfound popularity might make it seem like the contamination is the result some recent midnight dumping but unfortunately that isn’t the case. Instead, the increase in complaints is the product of two factors: 1. New Information and 2. Legacy Contamination.

1. New Information

Until recently, we were at an information disadvantage. After the DuPont scandal, however, PFOA landed on the EPA’s next list of unregulated contaminants that have the potential for adverse health effects. As explained in an earlier post, the EPA is required to publish this list every five years. Once a contaminant is identified, resources are allocated to investigate its effects.

In January 2009, the EPA issued a provisional health advisory for PFOA setting the action level at .4 micrograms per liter. By that time, the only studies assessing toxicity were on animals and although health effects were identified, the EPA considered the results to be inconclusive as applied to humans.

In 2013, the “science panel” created by the DuPont settlement finished its study. After monitoring the residents of Ohio and West Virginia for eight years, the panel concluded that there was a probable link between exposure to PFOA and the following: high cholesterol, ulcerative colitis, thyroid disease, testicular cancer, kidney cancer, and pregnancy-induced hypertension.

In May 2016, the EPA issued an official drinking water health advisory for PFOA outlining the potential links to health effects and lowered the action level from .4 to .07 micrograms. In its report, the EPA explained that PFOA withstands degradation and, as a result, is “bioaccumulative.” Bioaccumulation simply means that PFOA levels in the body tend to increase because of 1. constant or repetitive exposure and 2. the slow rate at which it’s broken down. Which makes sense--PFOA helped make products resistant to water and stains; if it was easily broken down, it wouldn’t have served its purpose.

Unfortunately, PFOA’s resistance to degradation is also the reason why PFOA levels in soil and water are increasing.

2. Legacy Contamination

Although manufacturers agreed to stop using PFOA by 2015, there is no way to recover products that have already been dispatched. Even worse, past disposal of such products in landfills has led to the contamination of soil which in turn pollutes ground water.

Unfortunately, this is only the beginning for PFOA.

What can you do to be proactive?

You can start by checking out your area's Consumer Confidence Report. Each year, your water supplier is required distribute the report to residents. You can access it here: https://ofmpub.epa.gov/apex/safewater/f?p=ccr_wyl:102

You can also contact your provider and ask them what pollutants they test for and what contaminants your system is vulnerable to.

Additonal Information

PFOA Health Advisory: https://www.epa.gov/sites/production/files/2016-05/documents/pfos_health_advisory_final-plain.pdf

PFCs: https://www.niehs.nih.gov/health/materials/perflourinated_chemicals_508.pdf

DuPont Case: http://www.nytimes.com/2016/01/10/magazine/the-lawyer-who-became-duponts-worst-nightmare.html

DuPont Science Panel Results: http://www.c8sciencepanel.org/

note: this post is for informational purposes only and is not intended to be legal advice or create an attorney-client relationship.