The American Chemistry Council, a trade organization representing "leading companies engaged in the multi-billion-dollar business of chemistry" filed a lawsuit in D.C. District Court July 30 to challenge an Environmental Protection Agency Lifetime Health Advisory for per-and poly-fluoroalkyl substances, which can remain in the human body for a long time.
"ACC supports the development of drinking water standards for PFAS based on the best available science. However, EPA's revised Lifetime Health Advisories (LHAs) for PFOA and PFOS reflect a failure of the Agency to follow its accepted practice for ensuring the scientific integrity of its process," the organization said in a press release July 30. "While they are 'non-regulatory levels,' LHAs will have sweeping implications for policies at the state and federal levels. Getting the science right is of critical importance and we have an obligation to challenge these advisories based on the underlying science and the flawed process."
The federal agency issued advisories for the chemicals, which have been found in water, soil, and the air, and come from chemicals used since the 1940s in the manufacturing of items including non-stick cookware, according to the agency.
"People on the frontlines of PFAS contamination have suffered for far too long, EPA Administrator Michael Regan said in a statement June 15. "That's why EPA is taking aggressive action as part of a whole-of-government approach to prevent these chemicals from entering the environment and to help protect concerned families from this pervasive challenge."
According to the agency, the lifetime advisory is based on new science and the potential negative impacts on health that exposure to even a below zero level can create in people.
"Today's actions highlight EPA's commitment to use the best available science to tackle PFAS pollution, protect public health, and provide critical information quickly and transparently," EPA Assistant administrator Walter Radhika Fox said. "EPA is also demonstrating its commitment to harmonize policies that strengthen public health protections with infrastructure funding to help communities — especially disadvantaged communities — deliver safe water."
The ACC, however, said the analysis of the data has yet to be peer reviewed, and shows the agency is not following its own scientific protocols before issuing the advisories.
"The Agency's revised LHAs for PFOA and PFOS are based on toxicity assessments that are currently being reviewed by EPA's Science Advisory Board," the organization said. "Rather than wait for the outcome of this peer review, EPA has announced new Advisories that are 3,000 to 17,000 times lower than those released by the Obama Administration in 2016. These new levels are below levels that can be reliably detected using existing EPA methods."
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