Congress Hears Testimony From Chemical Company Executives On PFAS Contamination

Sep 11, 2019

The Chemours facility, formerly the DuPont company’s site, in Washington, West Virginia
Credit Mary Meehan / WEKU.Fm and The Ohio Valley ReSource

Executives from three major chemical companies — DuPont de Nemours, Inc., The Chemours Company and The 3M Company — testified for the first time to Congress about widespread contamination from the group of nonstick, fluorinated chemicals broadly called PFAS.

The so-called “forever chemicals” persist in the environment, are linked to ill health effects, and have been found in numerous water systems in the Ohio Valley.

The hearing — the third on PFAS contamination by the House Committee on Oversight and Reform’s Subcommittee on Environment — explored the extent to which companies that make PFAS chemicals knew about its impacts on human health and the environment and how they should be held accountable. The Chemours facility, formerly the DuPont company’s site, in Washington, West Virginia.

“These companies with us here today have screwed up and we need said Committee Chairman Rep. Harley Rouda from California. “I hope the people representing those companies here today will admit their mistakes so that we can all move forward and achieve what I believe is our common goal: to clean up contaminated sites, stop exposing innocent people to toxic chemicals and making sure that all Americans have clean water and clean air.” 

Concern over PFAS contamination has grown nationwide. The Environmental Working Group estimates the drinking water systems of more than 700 communities are contaminated with PFAS. Perfluoroalkyl chemicals were used to make nonstick products and are found in some flame retardants including firefighting foam. 

Company executives called to testify focused on internal efforts to address concerns over PFAS in the face of major high-profile lawsuits and settlements over contamination in West Virginia and Minnesota. All expressed support for the U.S. Environmental Protection Agency’s “action plan.” The agency in February proposed a series of regulatory steps to address PFAS contamination and cleanup

Lawmakers in both parties criticized EPA for not moving swiftly enough. Congress is considering amendments to its 2020 defense spending bill that would speed up EPA’s timeline and regulate the entire class of PFAS chemicals. 

Company executives were split over how PFAS chemicals should be regulated, although none supported broad legislative action to regulate all 5,000 PFAS chemicals. 

A representative from DuPont went the farthest. Daryl Roberts, DuPont’s chief operating and engineering officer, told the House subcommittee the company welcomed specific regulatory actions, such as listing two PFAS chemicals, PFOA and PFOS, as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act, or CERCLA, also known as the Superfund law. 

“We support legislation to list PFOA and PFOS, and only those two, as hazardous substances under CERCLA. That’s further than the other companies here are willing to go today, but that’s what we believe is correct,” he said. “What we know about those chemicals is that they’re bio-persistent. That’s enough to know that there’s a clear concern for those chemicals within society at this point in time, and we feel for that reason they should be regulated.” 

DuPont no longer makes PFAS chemicals. It split off its fluorinated chemicals business in 2015 to Chemours. A representative from Chemours said that company did not support such regulation. Chemours and DuPont are engaged in litigation over the split. Chemours argues DuPont misrepresented the environmental liabilities associated with PFAS chemicals. 

3M’s Senior Vice President of Corporate Affairs, Denise Rutherford, doubled down on her company’s claim that there are no negative health effects from PFAS exposure.

“When we look at that evidence there is no cause and effect for adverse human health effects at the levels we are exposed to as a general population,” she said. 

That didn’t sit well with some Democrats, including New York Rep. Alexandria Ocasio-Cortez who said this position goes against findings from government agencies and 3M’s own scientists. 

The federal government’s Agency for Toxic Substances and Disease Registry says some studies in humans with PFAS exposure have shown: effects on growth, learning, and behavior of infants; an increase cholesterol levels; effects on the immune system; and an increase in the risk of cancer.

The hearing began with testimony from two attorneys whose lawsuits against DuPont and 3M unearthed thousands of internal company documents that showed both companies knew the chemicals were dangerous to human health and the environment for decades, but didn’t tell its employees or federal regulators.

Rob Bilott, an Ohio-based attorney who successfully brought a class action lawsuit against DuPont for its dumping of PFOA, sometimes called C8, near its plant in Parkersburg, West Virginia, told lawmakers he and his team for 18 years have funneled scientific studies from within DuPont to EPA that enumerated the health risks associated with exposure. 

In 2012, an independent panel of scientists — the C8 Science Panel — concluded drinking PFAS contaminated water was linked with six diseases, including kidney and testicular cancers.

The group looked at all existing studies and conducted new ones on 70,000 impacted community members from around the Parkersburg area. 

“This independent scientific review has occurred. Unfortunately EPA has not acted,” Bilott testified. “We have more than enough evidence.  We should move forward and protect the public.”