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"Today is a moment we have been fighting for for nearly 45 years," said Sen. Ed Markey. "We can see a future where we will no longer be manufacturing, processing, and distributing a chemical known to be deadly."
The U.S. Environmental Protection Agency on Monday proposed to prohibit all uses of the industrial solvent trichloroethylene, a move cheered by environmental and public health defenders, as well as progressive politicians who support banning the widely used neurotoxin.
The EPA describes trichloroethylene (TCE) as "an extremely toxic chemical known to cause serious health risks including cancer, neurotoxicity, and reproductive toxicity" that is "used in cleaning and furniture care products, degreasers, brake cleaners, and tire repair sealants."
The agency's proposed ban under the Toxic Substances Control Act "would protect people from these health risks by banning the manufacture, processing, and distribution of TCE" for nearly all uses. The chemical and battery industries have fought against prohibition.
"The science is loud and clear," EPA Office of Chemical Safety and Pollution Prevention Assistant Administrator Michal Freedhoff said at a Monday press conference announcing the proposed ban. "This chemical is so dangerous, even in small amounts, that we don't think any uses can safely continue."
"For far too long, TCE has left a toxic legacy in communities across America," Freedhoff continued. "Today, EPA is taking a major step to protect people from exposure to this cancer-causing chemical. Today's proposal to end these unsafe, unrestricted uses of TCE will prevent future contamination to land and drinking water and deliver the chemical safety protections this nation deserves."
Sen. Ed Markey (D-Mass.) was joined at a Monday press conference in Woburn, Massachusetts by activist Anne Anderson, whose 12-year-old son Jimmy died of acute lymphocytic leukemia in 1981. Markey hailed Anderson's work while remembering "all those kids who didn't stand a chance against toxic chemical pollution."
"Today is a moment we have been fighting for for nearly 45 years—the banning of TCE," he said. "We can see a future where we will no longer be manufacturing, processing, and distributing a chemical known to be deadly."
"We will no longer be exposing American families, communities, and workers to a toxic chemical legacy that leaves questions, cancer, and catastrophe in its wake," the senator added.
Jonathan Kalmuss-Katz, a senior attorney at the environmental legal advocacy group Earthjustice, said in a statement that the "EPA followed the science, listened to impacted communities, and proposed one of the strongest chemical regulations in recent history."
"Some chemicals are simply too harmful to remain on the market," he added. "TCE—which causes cancer, fetal heart defects, Parkinson's disease, and other devastating effects—is one of them."
Scott Faber, senior vice president for government affairs at the Environmental Working Group (EWG), said that the "EPA is once again putting the health of workers and consumers first."
"EWG applauds this move to ban most uses of TCE," Faber added.
If approved, the ban would begin in one year for consumer products and most commercial uses, while implementing "stringent worker protections on the limited remaining commercial and industrial uses that would be phased down over a longer period."
The EPA noted that the proposal advances U.S. President Joe Biden's Cancer Breakthroughs 2020—also known as the Cancer Moonshot—a sweeping effort to develop vaccine-based immunotherapies against an affliction that, according to the World Health Organization, kills nearly 10 million people around the world each year, according to the World Health Organization.
"Today, EPA is taking a vital step in our efforts to advance President Biden's Cancer Moonshot and protect people from cancer and other serious health risks," EPA Deputy Administrator Janet McCabe said in a statement. "The science is loud and clear on TCE. It is a dangerous toxic chemical and proposing to ban it will protect families, workers, and communities."
"These PFAS-laden containers present an ongoing danger to workers, consumers, and the environment," said one campaigner.
A pair of nonprofit advocacy groups on Tuesday sued a Texas company in a bid to stop it from generating so-called "forever chemicals" while manufacturing plastic containers.
The Center for Environmental Health (CEH) and Public Employees for Environmental Responsibility (PEER) filed the federal environmental lawsuit in Washington, D.C. alleging Houston-based Inhance Technologies USA is violating the Toxic Substances Control Act (TSCA) during the fluorination of plastic containers used to hold food, personal care items, and many other products.
"We are acting now because EPA has dragged its feet in ensuring that Inhance comes immediately into compliance with the law and stopping TSCA violations that represent a serious and ongoing threat to human health."
Fluorination involves the high-temperature application of fluorine gas to plastic containers. Inhance, which fluorinates containers at several U.S. plants, is the nation's top supplier of post-mold fluorination services.
The suit claims fluorinated products made by Inhance contain perfluorooctanoic acid (PFOA) and other per- and polyfluoroalkyl substances (PFAS), which are "often called 'forever chemicals' because they do not break down or degrade over time." PFAS are found in drinking water, soil, wildlife—and people—around the world.
"EPA and other authorities have generally found that PFAS have properties of high persistence, significant bio-accumulation, and severe toxicity to human health," the complaint notes.
Used in a sweeping range of products from clothing to nonstick cookware to firefighting foam, PFAS have been linked to cancers of the kidneys and testicles, low infant weight, suppressed immune function, and other adverse health effects.
"These PFAS-laden containers present an ongoing danger to workers, consumers, and the environment," CEH petrochemicals, plastics, and climate program director Sarah Packer asserted in a statement. "The fluorination process contributes to the overall prevalence of this already-ubiquitous class of chemicals and could be introducing FPAS into the recycling stream, as many of these containers bear recycling symbols."
"Inhance, the company that performs most of the fluorination in the U.S., has refused to comply with TSCA and must be ordered to stop this unsafe practice."
"Inhance, the company that performs most of the fluorination in the U.S., has refused to comply with TSCA and must be ordered to stop this unsafe practice for the health of workers, nearby communities, consumers, and all who encounter these commonly used containers or the products stored in them," Packer added.
PEER executive director Tim Whitehouse—who is also a former U.S. Environmental Protection Agency (EPA) enforcement lawyer—said that "the leaching of PFAS from packaging and containers threatens our food supply and exposes all of us to harmful toxic chemicals."
"We are acting now because EPA has dragged its feet in ensuring that Inhance comes immediately into compliance with the law and stopping TSCA violations that represent a serious and ongoing threat to human health," he added.
In a statement last week, Inhance Technologies said the company "believes we have been, and continue to be, in full compliance with all relevant regulations and regulatory guidance, and are operating safely, responsibly and lawfully," while claiming it "embraces" EPA efforts "to ensure science-based decision-making as it relates" to PFAS.
The new lawsuit came six weeks after the state of California sued 18 manufacturers including 3M—one of the world's largest chemical companies—for harming human health and the environment, and for deceptive practices. The California suit is one of more than 6,000 PFAS-related lawsuits filed in U.S. federal courts alone since 2005.
Increased activism and lawsuits targeting PFAS have raised public awareness of the dangers of "forever chemicals," resulting in the U.S. military announcing it will stop using PFAS in firefighting foam by 2024 and 3M committing to ending PFAS production by the end of the following year.