The Environmental Protection Agency (EPA) has quietly reversed its claim that the US has phased out two of the most dangerous Pfas compounds—PFOA and PFOS. This change comes as the Texas-based chemical firm Inhance continues to manufacture plastic containers that have been found to leach PFOA at high levels into their contents.

Background on PFOA and PFOS

The EPA has determined that there is virtually no safe level of exposure to either compound in drinking water. The International Agency for Research on Cancer classifies PFOA as "carcinogenic to humans" and PFOS as "possibly carcinogenic." Despite this, Inhance produces up to 200 million plastic containers annually, which are used across the US economy.

Kyla Bennett, a former EPA scientist and current science policy director with the Public Employees for Environmental Responsibility (PEER), stated that these containers pose an ongoing serious threat to public health. Inhance, however, denies that the chemical leaches out in measurable levels, claiming that any PFOA from its products is merely an "impurity."

The Phase-Out Agreement

The initial phase-out of PFOA and PFOS was established following revelations during early 2000s litigation regarding DuPont's PFOA pollution in West Virginia. In 2015, under pressure to act, the EPA reached an agreement with eight PFOA producers to phase out production of these harmful chemicals. Although the agency did not implement a full ban, this phase-out was seen as significant progress in addressing PFOA pollution.

Officials frequently reiterated that these chemicals had been phased out, leading to the impression that they were no longer produced or used in the US. However, last month, the EPA changed the wording on its website, which previously stated that "the manufacture and import of PFOA has also been phased out in the United States" to now read: "Quantities of PFOA may be produced, imported, and used by companies..."

Recent Developments

This change was prompted by a complaint from PEER, which highlighted that the EPA was allowing PFOA to be produced in the US. Under the Information Quality Act, federal agencies are required to provide complete and accurate information. Bennett remarked, "They were giving the false impression and saying, ‘Nothing to see here because PFOA is not being produced in the US.’ But that was demonstrably false, and now they have admitted it."