EPA quietly backtracks on claims US has phased out toxic Pfas compounds
The EPA has quietly revised its website, admitting that two dangerous Pfas compounds, Pfoa and Pfos, are still produced in the US, despite previous claims of a complete phase-out. This reversal follows a complaint regarding a Texas-based firm, Inhance, whose plastic conta…
Intelligence analysis by Gemini 2.5 Flash
The Environmental Protection Agency has revised its public statements, acknowledging that Pfoa and Pfos, highly toxic "forever chemicals," are still being manufactured in the United States, contrary to earlier assertions of a complete phase-out. This admission follows a complaint from an environmental watchdog group, Peer, which highlighted the continued production by companies like I…
Imagine there are some really bad chemicals called Pfoa and Pfos, like tiny invisible monsters that can make people sick. The grown-ups in charge, the EPA, said these monsters were gone from America, like they'd moved away. But it turns out, a company called Inhance is still making plastic boxes that let these monsters out! Now the EPA has quietly changed its mind and admitted the monsters are still here, which makes some people very upset because they thought they were safe.
Analysis
Inhance's Continued Production
The article highlights Houston-based Inhance as a central player in the ongoing Pfas controversy, specifically regarding its production of plastic containers. Despite the EPA's earlier claims of a Pfoa and Pfos phase-out, Inhance continues to manufacture up to 200 million plastic containers annually, which independent testing has shown to leach Pfoa at high levels. The company, however, maintains that any Pfoa present in its products is merely an "impurity" and that its processes have been adjusted to reduce these levels by 90%.
Inhance's stance is that it was not among the eight companies that agreed to the 2015 phase-out, and therefore, no ban was ever legally binding on its operations. This position has led to a protracted legal battle with the EPA and environmental groups. The company's chief operating officer, Patricia van Ee, cited "published peer-reviewed third-party risk assessments" concluding that estimated exposure from their products does not pose an unreasonable risk to human health or the environment, a claim disputed by environmental advocates.
Pfoa and Pfos Compounds
Pfoa and Pfos are identified as two of the most dangerous Pfas compounds, often referred to as "forever chemicals" due to their persistence in the environment and human body. The International Agency for Research on Cancer classifies Pfoa as "carcinogenic to humans" and Pfos as "possibly carcinogenic," while the EPA itself has determined that virtually no level of exposure to either in drinking water is safe. These health concerns were the scientific basis for the original 2015 "phase-out" agreement with major Pfas producers, following landmark litigation against DuPont.
The epidemiological panel convened during the West Virginia DuPont case linked Pfoa and Pfos to serious health issues, including cancer, heart disease, liver disease, and kidney disease. The EPA's quiet reversal on the phase-out of these specific compounds is particularly alarming given their known toxicity and the agency's own assessment of their safety thresholds. The continued production and potential leaching of these chemicals into consumer products represent a significant public health risk that the EPA is now struggling to address effectively.
Public Employees for Environmental Responsibility (Peer)
The non-profit organization Public Employees for Environmental Responsibility (Peer) has played a critical role in exposing the EPA's misleading claims and pushing for accountability. Kyla Bennett, Peer's science policy director and a former EPA scientist, has been a vocal critic, stating that the EPA was giving a "false impression" that Pfoa was no longer produced in the US. Peer's complaint, filed under the Information Quality Act, compelled the EPA to change its website wording to reflect the reality of ongoing Pfoa production.
Peer's involvement extends beyond formal complaints, encompassing legal challenges and independent testing. It was Peer's late 2020 testing that first uncovered high levels of Pfas in pesticides stored in Inhance bins, prompting the initial EPA investigation. Despite facing legal setbacks, including a federal appeals court overturning an EPA cease-and-desist order against Inhance and a judge dismissing Peer's subsequent lawsuit due to lack of standing, the organization continues to advocate for outright bans on these chemicals, arguing that phase-outs are insufficient given the absence of a safe exposure level.
Key points
- The EPA quietly changed website wording, admitting Pfoa and Pfos are still produced in the US.
- Previously, the EPA claimed these toxic compounds had been "phased out" since 2015.
- Houston-based Inhance manufactures up to 200m plastic containers annually, from which Pfoa has been found to leach.
- Environmental group Peer filed a complaint, highlighting the false impression given by the EPA.
- An appeals court overturned an EPA order for Inhance to cease production, and a subsequent Peer lawsuit was dismissed.
The EPA's public correction, even if forced, could lead to increased transparency and renewed pressure for stricter regulations or outright bans on Pfoa and Pfos production, potentially improving public health protections in the long run. The continued advocacy by groups like Peer demonstrates that public and scientific scrutiny can eventually compel agencies to rectify misleading information.
The EPA's backtracking and apparent inability to enforce its own "phase-out" against companies like Inhance suggest a significant regulatory weakness, potentially allowing dangerous Pfas compounds to continue contaminating the environment and public health. This could erode public trust in environmental agencies and delay effective action against widespread chemical pollution.
