February, 15 2024, 10:31am EDT
For Immediate Release
Contact:
Kyla Bennett [PEER] kbennett@peer.org,
Colleen Teubner [PEER] cteubner@peer.org,
Bob Sussman [CEH] bobsussman1@comcast.net
EPA Conceals PFAS Health Info as Trade Secret
Lawsuit Demands Release of Data on PFAS in Fluorinated Containers
The U.S. Environmental Protection Agency is wrongfully withholding test data and other vital information about the presence of dangerous perfluorooctanoic acid (PFOA) and other toxic per- and polyfluoroalkyl substances (PFAS) in millions of fluorinated plastic containers, according to a federal lawsuit filed today by Public Employees for Environmental Responsibility (PEER) and the Center for Environmental Health (CEH). The suit contends that EPA is violating its disclosure obligations under the Toxic Substances Control Act (TSCA) by improperly treating health and safety data as “confidential business information” (CBI) and denying the public access to the results of testing showing the levels of PFAS in plastic containers and their contents along with the identities of the products in which these toxic materials are present.
PFOA and twelve other PFAS chemicals are formed during the fluorination of high-density polyethylene (HDPE) plastic containers by Inhance Technologies, LLC of Houston, Texas. Inhance is the sole U.S. company conducting this type of fluorination. Studies by EPA, independent researchers, and Inhance itself show that PFAS leaches from the walls of containers into their contents, thus exposing millions of people to PFAS without their knowledge. Exposure to PFAS is associated with liver, kidney, and testicular cancer, thyroid problems, reduced immune function and vaccine efficacy, and impaired fetal development, among other harmful health effects. Inhance fluorinates 200 million containers a year which are used to package diverse products ranging from fuels to foodstuffs, cosmetics, and cleaning products which consumers and workers use on a daily basis.
On January 5, 2023, PEER and CEH submitted a Freedom of Information Act (FOIA) request for documents shedding light on the health risks associated with PFAS in fluorinated containers. In its response, the agency withheld the results of extensive testing for PFAS conducted by Inhance and detailed information received from the company about the products packaged in fluorinated containers. In so doing, the suit charges, EPA has granted trade secret protection at Inhance’s request for information that TSCA requires the agency to make available to the public.
“The cloak of confidential business information cannot be used to hide health and safety studies as EPA is currently doing,” stated Colleen Teubner, PEER’s Litigation and Policy Attorney. “By sitting on this critical information, EPA is advancing the private interests of a corporate violator and shirking its public health responsibilities.”
PEER and CEH filed their FOIA enforcement suit against EPA in the U.S. District Court for the District of Columbia. In addition to withholding health and safety data required to be disclosed by TSCA, EPA is still processing their FOIA request and has not yet produced hundreds of responsive documents.
On December 3, 2023, EPA issued orders under TSCA determining that the PFAS in fluorinated containers constitute “an unreasonable risk of injury to health or the environment” and directing Inhance to stop producing PFAS during fluorination no later than February 28, 2024. A full response to the FOIA request, including disclosure of the unlawfully withheld data, will better enable the public to understand the basis for these orders and the risks to consumers and workers of handling and using PFAS-containing fluorinated containers. The EPA orders are currently being challenged in the Fifth Circuit Court of Appeals by Inhance.
“EPA has found that these containers constitute a public health threat, a long-awaited determination that also should encompass the public’s right to know,” added CEH counsel Bob Sussman, a former senior EPA official. “Given the unquestionably major public health stakes, EPA should be stepping up and maximizing access to health and safety data, but the agency is disclosing vital information only grudgingly and with lingering secrecy even though disclosure is mandated by TSCA.”
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View an example of how EPA cloaks PFAS data
PEER CEH letter to EPA on unjustified withholding of information
PEER CEH Presentation on Inhance SNUN PFAS CBI Issues
Revisit EPA finding that Inhance’s fluorination process is an “unreasonable risk” to public health
Public Employees for Environmental Responsibility (PEER) is a national alliance of local state and federal resource professionals. PEER's environmental work is solely directed by the needs of its members. As a consequence, we have the distinct honor of serving resource professionals who daily cast profiles in courage in cubicles across the country.
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President-elect Donald Trump said Wednesday that he has chosen Kari Lake, a far-right election denier and failed U.S. Senate candidate, to lead the federally funded international broadcast network Voice of America, a move that critics said underscores Trump's effort to transform government entities into vehicles to advance his own interests.
In a Truth Social post, Trump wrote that as director of VOA, Lake would "ensure that the American values of Freedom and Liberty are broadcast around the World FAIRLY and ACCURATELY, unlike the lies spread by the Fake News Media."
Lake, a former television news anchor in Arizona who has echoed Trump's insidious attacks on journalists, wrote in response to the president-elect's announcement that she was "honored" to be asked to lead VOA, which she characterized as "a vital international media outlet dedicated to advancing the interests of the United States by engaging directly with people across the globe and promoting democracy and truth." VOA, which is supposed to have editorial independence, has long faced criticism for its coverage and treatment of employees.
Though the VOA's Charter states that the outlet will "present a balanced and comprehensive projection of significant American thought and institutions," Lake made clear that she views the network as a propaganda channel for the United States.
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Hours after Trump's announcement that she's his pick to lead VOA, Lake applaudedTIME magazine for naming Trump its "Person of the Year" and gushed that he "should have been the Person of the Year every year for the last decade."
Journalists and watchdogs expressed a mixture of alarm and mockery in response to Trump's attempt to elevate Lake to VOA director.
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"Good luck to the VOA," he wrote.
VOA is the largest federally funded international broadcaster and is overseen by the U.S. Agency for Global Media.
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"Six members of the board are named by the president and require Senate consent, and the seventh member is the secretary of state," the Post explained.
During his first term in the White House, Trump's pick to lead the U.S. Agency for Global Media worked aggressively to influence VOA coverage.
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The White House did not name those who received pardons or commutations but said the list includes a "decorated military veteran," a "nurse who has led emergency response for several natural disasters," and "an addiction counselor who volunteers his time to help young people find their purpose."
The Biden Justice Department paused federal executions in 2021, but President-elect Donald Trump pledged on the campaign trail to expand the use of the death penalty and is expected to allow the executions of the 40 men on death row to take place if they're still there when he takes office next month.
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Despite the Pentagon's repeated failures to pass audits and various alarming policies, 81 Democrats in the U.S. House of Representatives voted with 200 Republicans on Wednesday to advance a $883.7 billion annual defense package.
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Reps. Mark Pocan (D-Wis.) and Barbara Lee (D-Calif.), co-chairs and co-founders of the Defense Spending Reduction Caucus, said in a joint statement, "Time and time again, Congress seems to be able to find the funds necessary to line the pockets of defense contractors while neglecting the problems everyday Americans face here at home."
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