Written by Lucila Abian, Daria Ioana Catrina
“Ecocide” refers to the extensive destruction, damage, or loss of ecosystems caused by human activities. This concept gains increasing recognition as we confront more and more the impact of various environmental crises, including the pervasive issue of Per-and Polyfluoroalkyl Substances (PFAS). These synthetic chemicals, integral to numerous consumer and industrial products since their development in the 1940s, have become a symbol of ecocide due to their profound and lasting impact on the environment and human health. PFAS is commonly found in a wide range of items we use daily, such as (but not limited to) non-stick cookware, water-repellent clothing, carpets, food packaging, personal care products (e.g., shampoo, dental floss, and makeup) and in certain firefighting foams. This widespread presence in our daily products highlights the relevance and urgency of addressing the environmental and health concerns associated with PFAS.
Challenges Posed by PFAS
Among thousands of PFAS compounds, Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonate (PFOS) are the most well-known and extensively studied. PFAS offers several benefits such as: enhancing product longevity and reducing frequent replacements and is crucial in safety equipment particularly, effective in extinguishing hazardous fires. Additionally, it helps keep packaged food fresh. Its use can lead to reduced carbon footprints or lower energy consumption, as seen in their application in aerospace and automotive industries creating lighter, more fuel-efficient components.
Despite these practical benefits promoted by their industry, these substances embody the essence of ecocide: their resistance to degradation results in persistent accumulation in our environments. This leads to their accumulation in water, soil, and living organisms, including humans, with potential long-term health implications. Despite, in recent years, there has been a shift from the use of PFOA and PFOS to other PFAS compounds, environmental and health concerns persist due to the overall resilience and lasting presence of PFAS in the environment. Their ability to remain intact for years and their widespread use have made PFAS a subject of growing concern among scientists, environmentalists, and public health experts worldwide, emphasising the importance of balancing their benefits with their wider impacts.
Contamination Pathways: Air, Water, and Soil
The pervasive presence of PFAS industrially produced chemicals with no natural sources, has led to significant environmental contamination globally. This contamination is a result of their extensive use and their ability to move easily and persist in the environment, leading to their detection in air, water, and soil.
Air
Emissions from industrial processes, particularly those involving the production or use of PFAS, can significantly contribute to airborne emissions. These emissions occur in industries manufacturing certain chemicals or using PFAS-containing materials. Additionally, the incineration of materials containing PFAS, such as waste or specific products, is another critical source of PFAS air pollution. Incineration processes, especially in facilities where waste materials are burned, can release these chemicals into the air through the production of ash and gases, further exacerbating the environmental and health impacts of these persistent chemicals.
Water
Direct discharge and runoff from land are two significant pathways for PFAS to enter water systems. Industries that utilise or produce these chemical substances release them directly into water bodies through industrial wastewater, including wastewater from manufacturing processes or the disposal of PFAS-containing materials. In addition to direct industrial discharge, PFAS can be transported from contaminated soil to water bodies through surface runoff. This scenario is particularly relevant in areas where PFAS-containing products have been disposed of improperly, leading to soil contamination that subsequently impacts nearby water sources. These affected sources are often used by water supply companies for extracting drinking water, and introducing PFAS into the water we consume.
Soil
Improper disposal of PFAS-containing products, like firefighting foams, industrial coatings, or consumer goods, leads to PFAS accumulation in the soil. These substances, over time, can leach into the soil, contributing to soil contamination. Additionally, PFAS can enter the soil through the application of biosolids. When wastewater treatment plants produce biosolids that are used in agricultural fields, and if these biosolids contain PFAS, the chemicals can be absorbed by the soil, potentially impacting crops and subsequently entering the food chain.
Global Incidents of PFAS Contamination
Recent incidents from around the world serve as stark reminders of the seriousness of PFAS contamination: In England, PFAS contamination has been detected in approximately 12,000 drinking water samples, a concerning finding outlined in a report by the Drinking Water Inspectorate (DWI). In the region of Veneto, Italy, the drinking water of more than 350,000 people was tainted with PFOA, highlighting the widespread nature of the issue. Meanwhile, in Dordrecht, the Netherlands, both air and water were found to be contaminated with PFOA and GenX, affecting the well-being of a significant population of 750,000 residents. In Ronneby, Sweden, residents found their drinking water compromised by several PFAS compounds, a result of firefighting foam used at a military airport base. Across the waters in Korsør, Denmark, the contamination extended to cattle and farmland, where PFAS, including PFOS and PFHxS, were discovered. These recent incidents collectively underscore the urgent and global imperative for comprehensive measures to address the profound environmental impact of PFAS.
Exposure and Health Risks
PFASs pose a complex challenge in human exposure through various routes such as contaminated drinking water, seafood consumption, indoor air inhalation, and contact with everyday items. Despite efforts to minimise direct exposures, the persistence of PFASs in oceans, marine food chains, and AFFF-contaminated groundwater sustains exposure. These substances infiltrate commonplace items and indoor environments with PFAS-containing products, contributing to the inhalation of volatile precursors.
Drinking water, especially near contaminated sites, is a significant source of PFAS exposure, with identifiable concentrations of newer PFASs downstream of manufacturing plants. Seafood consumption, particularly by specific populations like indigenous communities and fishery employees, leads to varying elevated serum PFAS concentrations. Cooking mitigates PFAS concentrations in certain compounds, however, the utilisation of sewage sludge as fertiliser introduces an additional exposure route in agriculture. The intricate interplay of PFAS exposure involves diverse sources and pathways.
Children, with higher body burdens and ongoing development, face heightened vulnerability to PFAS exposure. Certain health effects, including immunotoxicity, may manifest at lower exposure levels in children than in adults. Communities with PFOA-contaminated drinking water show evidence of an elevated cancer risk. Research on PFOA exposure and cancer in the general population reveals no consistent association between plasma PFOA or PFOS concentration and specific cancers, highlighting the complexity of health impacts. Additionally, immunotoxicity linked to PFASs is observed across various animal models, aligning with serum concentrations comparable to highly exposed humans and wildlife. In vitro studies suggest that PFOS may impact the blood-brain barrier, offering insights into potential neurological impacts.
Regulatory Measures and Legal Actions
Current EU regulations and its enforcement
The European Union has implemented several regulations to control the use and presence of PFAS in various sectors, including food and drinking water. These regulations reflect the EU’s commitment to enhancing environmental protection and public health safety.
REACH Regulation (EC1907/2006)
REACH stands for Registration, Evaluation, Authorisation, and Restriction of Chemicals, and acts as a comprehensive framework for the regulation of chemicals within the EU. It aims to ensure a high level of protection for human health and the environment from the risks posed by chemicals. Under this regulation, companies are responsible for assessing and managing the risks posed by the chemicals they manufacture and market in the EU. PFAS, being a group of chemicals, are subject to these regulations, requiring companies to provide safety information and obtain authorization for their use.
Commission Regulation (EU) 2022/2388
This regulation specifically targets PFAS in food products. It establishes maximum residue levels for certain PFAS compounds, reflecting the growing concern about the accumulation of these substances in the food chain. By setting these limits, the EU aims to protect public health by reducing dietary exposure to PFAS.
Directive (EU) 2020/2184 and the Revised EU Drinking Water Directive
These directives set limits on PFAS concentrations in drinking water. The importance of this regulation lies in addressing the contamination of drinking water sources with PFAS, which can have significant health implications. The revised Drinking Water Directive, which will be effective from January 2024, is expected to provide more specific guidelines for monitoring and limiting PFAS in drinking water, ensuring safer water consumption standards across the EU.
Recent lawsuits related to PFAS within the EU
Chemours Netherlands BV vs. European Chemicals Agency
In a pivotal decision on November 9, 2023, the Court of Justice of the European Union Upheld the European Chemicals Agency’s (ECHA) decision regarding the regulation of a specific PFAS compound. This case, involving an appeal by Chemours Netherlands BV against ECHA, has significant implications for the chemical industry and environmental regulation within the EU. Here’s an overview of this complex legal battle and its implications.
Chemours Netherlands BV, a part of the Chemours Company involved in chemical manufacturing, appealed against a decision made by the General Court. The General Court had previously dismissed Chemours’ challenge to a decision by ECHA. This decision concerned the regulation of a specific chemical substance, namely 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy) propionic acid (HFPO-DA, a type of PFAS), along with its salts and acyl halides.
The Court’s Deliberation and Verdict
ECHA’s Assessment Criteria
The court rejected Chemours’ claim that the ECHA decision-making criteria were flawed. It emphasised that ECHA is authorised to include additional information beyond the intrinsic properties of a substance when establishing ‘an equivalent level of concern’ as outlined in Article 57(f) of the REACH Regulation. This allows ECHA a broader scope in the evaluation of chemical substances.
Consideration of Health and Environmental Risks
Contrary to Chemours’ argument, the Court upheld ECHA’s approach of considering a wide array of health effects in determining an ‘equivalent level of concern’. This ruling underscores that the assessment of chemicals under Article 57(f) is not limited to predefined criteria but extends to a broader spectrum of serious health and environmental concerns.
The notion of equivalence
The court addressed the appellant’s argument regarding the need for an ‘identical’ level of concern in the case of equivalence. This notion was dismissed, with the court clarifying that ‘equivalent’. This notion was dismissed, with the Court clarifying that ‘equivalent’ does not imply ‘identical.’ The judgement supports ECHA’s approach of considering a comprehensive range of effects when assessing substances.
The role bioaccumulation
A major point of contention was the emphasis on the low bioaccumulation potential (how long the chemical stays in the environment) of HFPO-DA (another type of PFAS). The court found these arguments inadmissible, reaffirming that the persistence of a substance alone can be sufficient to raise concerns under Article 57(f). This aspect of the ruling highlights the importance of considering the persistent nature of chemicals in environmental and health risk assessments.
Adherence to scientific standards
Lastly, the Court dismissed the allegation that the General Court did not adhere to principles of scientific excellence. It confirmed that the General Court’s evaluation respected the limits of scientific and technical fact assessment, ensuring a robust and scientifically sound decision-making process.
This case is noteworthy as it delves into the complex interplay between chemical regulation, environmental protection, and industrial interest. It highlights the challenges faced by regulatory bodies like ECHA in balancing public health and environmental safety. The case also sheds light on the legal and procedural nuances of the REACH regulation, particularly in the context of regulating persistent and potentially hazardous substances like PFAS.
Looking Ahead
In an ambitious stride towards environmental and public health protection, the ECHA in February 2023 announced a proposal to restrict the use of approximately 10.000 PFAS across the EU. This groundbreaking initiative aims to prohibit the production, import and utilisation of these PFAS in a vast array of products, spanning from food packaging to textiles, and even cosmetics.
United Rising recognizes the profound importance of this step in combating the ecocide caused by PFAS. We understand that awareness is the key to transformative change. In today’s fast-paced world, where responsibilities are many and life moves quickly, the impact of our everyday choices can easily be overlooked. The ECHA’s proposed ban on PFAS acts as an important wake-up call, highlighting the unseen consequences of our consumption patterns, especially in societies with high consumption rates. This move serves as a powerful reminder for us to pause, reflect, and reassess our actions and their extensive impact on our planet.
The proposal marks a significant milestone in the EU’s relentless efforts to fight PFAS pollution. In 2020, the European Commission already unveiled a strategic plan for the sustainable management of chemicals, emphasising a strong commitment to significantly reducing PFAS emissions into the environment. The initiative to regulate PFAS demonstrates the EU’s unwavering commitment to safeguard human health and the environment’s integrity. However, the journey doesn’t end with this proposal. At United Rising, we believe there’s a pressing need for continued and joint efforts to ensure the complete eradication of these harmful substances from our products and prevent their release into the environment.
As the EU Forges ahead in this crucial fight against PFAS, the implications are high, not only for Europe but for setting global standards in chemical management and environmental stewardship. Our organisation stands in support of these measures, recognizing the urgent need for such initiatives and the role of informed communities in driving this change. This momentous decision of the European Commission aligns with our mission to raise awareness, encourage critical thinking and foster a more sustainable and conscious interaction with our world.
Sources
American Association For The Advancement Of Science, ‘Per- and Polyfluoroalkyl Substances (PFAS) in Drinking Water’ (AAAS, 25 May 2023) <https://www.aaas.org/epicenter/pfas#:~:text=PFAS%2C%20often%20referred%20to%20as,using%20conventional%20water%20treatment%20processes.>.
Aquatech, ‘Essential Guide to Per- and Poly Fluoroalkyl Substances (PFAS)’ (Aquatech, 20 April 2023) <https://www.aquatechtrade.com/news/surface-water/essential-guide-to-pfas >.
Center for Scientific Evidence in Public Issues, ‘What We Know: Per- and polyfluoroalkyl substances (PFAS)’ (AAAS, July 2022) < https://www.aaas.org/sites/default/files/2022-07/AAAS-EPI Center_FactSheet__PFAS_0.pdf?adobe_mc=MCMID%3D05022517513225218231527603670783096289%7CMCORGID%3D242B6472541199F70A4C98A6%2540AdobeOrg%7CTS%3D1700481269 >.
Centers for Disease Control and Prevention, ‘Per- and Polyfluorinated Substances (PFAS) Factsheet’(CDC, 2 May 2022) < https://www.cdc.gov/biomonitoring/PFAS_FactSheet.html>.
Environmental Working Group, ‘What are PFAS Chemicals?’ (EWG) <https://www.ewg.org/what-are-pfas-chemicals >.
European Chemical Agency, ‘Chemicals Strategy for Sustainability’ (ECHA, 2023) <https://echa.europa.eu/hot-topics/chemicals-strategy-for-sustainability>.
European Chemical Agency, ‘Per and poly-fluoroalkyl substances (PFAS)’ (ECHA, 2023) <https://echa.europa.eu/hot-topics/perfluoroalkyl-chemicals-pfas>.
European Environment Agency, ‘Cross-cutting story 3: PFAS’ (EEA, 13 March 2023) <https://www.eea.europa.eu/publications/zero-pollution/cross-cutting-stories/pfas#:~:text=PFAS%20emissions%20from%20industrial%20installations,wastewater%20to%20municipal%20treatment%20plants >.
Ginty MM, Lindwall C, ‘“Forever Chemicals” Called PFAS Show Up in Your Food, Clothes, and Home’ (NRDC, 12 April 2023) <https://www.nrdc.org/stories/forever-chemicals-called-pfas-show-your-food-clothes-and-home >.
Health and Environment Alliance, ‘The real-life impact of PFAS pollution on communities – examples from Veneto, Antwerp, Dordrecht, Ronneby and Korsør and how to take action’ (HEAL, 10 May 2023) < https://www.env-health.org/the-real-life-impact-of-pfas-pollution-on-communities-examples-from-veneto-antwerp-dordrecht-ronneby-and-korsor-and-how-to-take-action/ >.
Horel S, ‘Revealed: The massive contamination of Europe by PFAS ‘forever chemicals’’ (Le Monde, 24 February 2023) <https://www.lemonde.fr/en/les-decodeurs/article/2023/02/23/revealed-the-massive-contamination-of-europe-by-pfas-forever-chemicals_6016906_8.html >.
National Insitute for Public Health and the Environment, ‘New study confirms: people in the Netherlands ingest too much PFAS’ (RIVM, 6 July 2023) <https://www.rivm.nl/en/news/new-study-confirms-people-in-netherlands-are-ingesting-too-much-levels-of-pfas >.
National Institute for Public Health and the Environment, ‘Details of proposed European PFAS ban released’ (RIVM, 7 February 2023) <https://www.rivm.nl/en/news/details-of-proposed-european-pfas-ban-released >.
National Institute for Public Health and the Environment, ‘PFAS restriction proposal’ (RIVM, 2023) < https://www.rivm.nl/en/pfas/restriction-proposal>.
Panieri E et.al., ‘PFAS Molecules: A Major Concern for the Human Health and the Environment’ (2022) 10(2) Toxics <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8878656/>.
Sunderland et.al., ‘A Review of the Pathways of Human Exposure to Poly- and Perfluoroalkyl Substances (PFASs) and Present Understanding of Health Effects’ (2019) Journal of exposure science & environmental epidemiology 29(2) <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6380916/>.
Agency for Toxic Substances and Disease Registry, ‘What are the health effects of PFAS?: How can I be exposed?’ (ATSDR, November 1, 2022) <https://www.atsdr.cdc.gov/pfas/health-effects/exposure.html>
Judgment of the Court (Fourth Chamber): Chemours Netherlands BV v European Chemicals Agency (9 November 2023) <https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62022CJ0293&qid=1704728103152>