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‘PFAS-free’ claim for turf replacement at Philly’s FDR park: Is it true?

The Philadelphia Inquirer asked the three turf companies the city might hire for samples of their product so the newspaper could test it. None would reply.

A $250 million to redesign South Philly's FDR Park calls for the creation of a dozen artificial turf fields. — *A $250 million redesign of South Philly’s FDR Park calls for the creation of a dozen artificial turf fields. Yong Kim / Staff Photographer*

By David Gambacorta and Barbara Laker, Philadelphia Inquirer, July 25, 2024, 5:00 a.m. ET

A blue sign, draped across a perimeter of cyclone fencing, greets anyone who happens by Broad Street and Pattison Avenue with a cheerful message: “Welcome to your new FDR Park.”

Plastered next to the sign are renderings of proposed renovations, gauzy images of green spaces and happy visitors. The city’s $250 million vision for the South Philadelphia park still calls for some of that green to be fake: a dozen artificial turf playing fields.

In March, 11 residents sued the city in Orphans’ Court, and sought a preliminary injunction to bring work on the park’s makeover to a halt. Among the residents’ concerns was the likelihood that the turf fields would contain PFAS, or per- and polyfluoroalkyl substances — so-called “forever chemicals” that have been linked to multiple types of cancer, and are found in a range of everyday items, including turf and firefighters’ protective equipment.

Lawyers for the city, in a response filed in court in April, wrote that three companies that are in the running to provide the turf for FDR Park have “provided written guarantees that their products do not contain PFAs.”

Eleven community residents have sued the city in an attempt to halt construction work at FDR Park.Heather Khalifa / Staff Photographer

The Inquirer contacted the three companies that the city is considering — FieldTurf, Shaw Sports Turf, and Sprinturf — and asked if each would provide samples of their turf.

The newspaper wanted to test samples of the companies’ turf for PFAS. None of the three companies responded.

But in its court filing, the city included a Shaw Industries lab report, which purportedly showed that no PFAS were detected in its product.

The Inquirer shared that report with two experts on forever chemicals: Graham Peaslee, a physicist at the University of Notre Dame, and Kyla Bennett, a former EPA official who now directs science policy for Public Employees for Environmental Responsibility.

Both said the Shaw Industries report was misleading; the turf still likely contains PFAS.

Read the full story here

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‘PFAS-free’ claim for turf replacement at Philly’s FDR park: Is it true? Read More »

NJ firefighters among 20,000 with cancer suing makers of PFAS

By Megan Burrow, NorthJersey.com

During fire training exercises twice a year at Kennedy International Airport in the 1970s and ’80s, Charles O’Neill, a retired Port Authority police officer who worked out of Newark Airport, would repeatedly spray simulated aircraft fires with firefighting foam over the intense weeklong sessions.

O’Neill and his colleagues would use the foam to fight five or six simulated fires a day, as part of their required fire and rescue certification. Once one blaze was extinguished, they would set it up and do it again.

The equipment worn as they sprayed the foam was one-size-fits-all, O’Neill said, and after “one guy sloshed around in that stuff,” the next person would change into the same suit.

Charles O’Neill, a retired Port Authority Police Officer who worked out of Newark Airport. — *Charles C. O’Neill*

O’Neill, 78, was diagnosed and treated for prostate cancer 20 years ago. But it wasn’t until recently that he made a possible connection between his cancer diagnosis and the equipment he used during his long career in the fire service.

“We just did it because it was our job. Nobody ever said, ‘Be careful or don’t get it on your skin,’ none of that was explained to us,” said O’Neill, who retired in 1997 from the Port Authority Police and served for more than 20 years as a volunteer firefighter in New Milford until the mid-90s. “Now, from what I understand, the exposure to those chemicals could do that to you.”

Read the full story here

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Enviro lawyer: Key takeaways from EPA’s landmark PFAS regulation

By Daniel T. McKillop, Scarinci Hollenbeck, April 12,, 2024

Key Takeaways from the EPA’s Landmark PFAS Regulation

On April 10, 2024, the Environmental Protection Agency (EPA) finalized the first federal regulation limiting the amount of certain per- and polyfluoroalkyl substances, known as PFAS, found in drinking water. The final National Primary Drinking Water Regulation (NPDWR) establishes drinking water standards for six PFAS, with compliance phased in over the next several years.

EPA’s Efforts to Address Forever Chemicals

As discussed in greater detail in prior articles, PFAS are a large category of organic chemicals that have been used since the 1940s to repel oil and water and resist heat. While they are a key component in certain products, such as nonstick cookware, stain-resistant clothing, and firefighting foam, there is significant evidence that exposure to certain PFAS over an extended period can cause cancer and other illnesses. Studies have also shown that PFAS exposure during critical life stages, such as pregnancy or early childhood, can lead to adverse health impacts.

While many U.S. manufacturers have stopped using PFAS in favor of safer alternatives, prior discharges have resulted in very high levels of PFAS in many public and private water systems. According to EWG, more than 320 military sites across the U.S. have PFAS contamination, and more than 200 million Americans may be drinking contaminated water.

Over the past several years, the Biden Administration has taken several steps to address PFAS contamination, including the creation of a PFAS Strategic Roadmap. As part of this initiative, the EPA has established methods to better measure PFAS; added seven PFAS to the list of chemicals covered by the Toxics Release Inventory (TRI); enacted a final rule under the Toxic Substances Control Act (TSCA) to require manufacturers of PFAS and PFAS-containing articles to report information to EPA on PFAS uses, production volumes, disposal, exposures, and hazards; named PFAS as a National Enforcement and Compliance Initiative for 2024-2027; and proposed designating certain PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

PFAS Water Drinking Standards

Establishing PFAS water drinking standards was a central goal of the EPA’s PFAS Strategic Roadmap. Under the Safe Drinking Water Act, the EPA has the authority to set enforceable National Primary Drinking Water Regulations (NPDWRs) for drinking water contaminants and require monitoring of public water systems.

The new National Primary Drinking Water Regulation establishes legally enforceable levels, known as Maximum Contaminant Levels (MCLs), for five individual PFAS in drinking water – PFOA, PFOS, PFHxS, PFNA, and HFPO-DA – and for PFAS mixtures containing at least two or more of PFHxS, PFNA, HFPO-DA, and PFBS, the new rule uses a Hazard Index MCL to account for the combined and co-occurring levels of these PFAS in drinking water (a PFAS mixture Hazard Index greater than 1 indicates an exceedance of the health-protective level). Below is a summary:

Perfluorooctanoic acid (PFOA) MCL = 4.0 parts per trillion (ppt)

Perfluorooctane sulfonic acid (PFOS) MCL = 4.0 ppt

Perfluorohexane sulfonic acid (PFHxS) MCL = 10 ppt

Perfluorononanoic acid (PFNA) MCL = 10 ppt

Hexafluoropropylene oxide dimer acid (HFPO-DA) MCL = 10 ppt

Mixtures containing two or more of PFHxS, PFNA, HFPO-DA, and PFBS = 1 unit

Click to read the full article, including requirements for water systems

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Seven states regulate the use of PFAS in cosmetics, not NJ, NY, or Pa

By Robert G. Edwards, Ph.D. of ArentFox Schiff LLP

Cosmetics and personal care products in which PFAS historically have been used include foundation; blush and highlighter; eyebrow products; eye makeup (mascara and other lash products, eyeshadow, eye cream); moisturizers, cleansers, and other creams and lotions; shampoo and hair conditioner; lipstick and lip balm; nail polish; sunscreen; shaving cream; and dental floss.

Intentionally added PFAS may appear on a product’s ingredient list, but not always. Some PFAS may be present in cosmetics unintentionally as the result of raw material impurities, contamination from processing equipment, carryover from processing aids, or the breakdown of other, intentionally added, PFAS ingredients.

The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) requires the US Food and Drug Administration (FDA) to assess the safety of PFAS in cosmetics and publish its results by the end of 2025.

In the meantime, however, seven states have taken matters into their own hands, enacting laws that ban or restrict the use of PFAS — usually all PFAS but occasionally a few specific PFAS — in cosmetics and other personal care products.

In general, they ban the manufacture, sale, distribution for sale, or offering for sale of such products to which PFAS have been intentionally added to provide a specific characteristic or perform a specific function in that product.

Click to read the full story

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Waste industry implores Senate for PFAS exemptions

A Senate hearing put the waste industry’s longtime request for certain PFAS-related Superfund exemptions in the spotlight as the EPA is poised to make certain PFAS hazardous.

By Megan Quinn, Waste Dive

A woman sits in front of a microphone at a podium — *Sen. Shelley Moore Capito, ranking member on the Senate Environment and Public Works Committee, speaks during a PFAS hearing on March 20, 2024. (2024).*

At a Senate hearing on Wednesday, the waste and recycling industry continued to advocate for a “narrow exemption” from chemical rules they say could saddle operators with unfair costs and liability when the U.S. EPA eventually designates certain PFAS as hazardous substances under Superfund.

Speakers representing the Solid Waste Association of North America and the National Waste & Recycling Association, along with wastewater treatment facilities, testified during the Senate Environment and Public Works committee hearing that their industries are “passive receivers” of PFAS-containing material.

The solid waste and wastewater sectors say they play a critical role in responsibly managing materials containing per- and polyfluoroalkyl substances, noting many operators are already implementing PFAS removal and destruction technologies. Yet an Environmental Working Group representative testified that such an exemption could provide a “loophole for polluters.”

Click to read the full story

If you liked this post, you’ll love our daily environmental newsletter, EnviroPolitics. It’s packed daily with the latest news, commentary, and legislative updates from New Jersey, Pennsylvania, New York, Delaware…and beyond. If you liked this post, you’ll love our daily environmental newsletter, EnviroPolitics. It’s packed daily with the latest news, commentary, and legislative updates from New Jersey, Pennsylvania, New York, Delaware…and beyond. Please do not take our word for it, try it free for an entire month. No obligation.

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Minnesota landfill experiments target harmful PFAS in trash

By Chloe Johnson, Star Tribune

ROSEMOUNT, MINN – The white trailer blends into the winter landscape at SKB Environmental’s landfill, but inside, machinery is working to capture one of the most pervasive environmental pollutants of our time.

The landfill is the final stop for industrial waste, incinerator ash, and demolition garbage, where all of that material is mixed into massive, lined cells. Like in every landfill, moisture in the trash that’s trucked in mixes with rainfall and collects into a polluted soup known as leachate.

A dump truck disposes of industrial waste Feb. 19 at SKB Environment in Rosemount, Minnesota. SKB Environmental is testing multiple technologies to filter PFAS chemicals out of their wastewater and to either destroy the durable chemicals or lock them up, so they don't float through the environment.

SKB is experimenting with filtering PFAS chemicals out of that liquid. The leachate is pumped inside the trailer, where it travels through several tanks that repeatedly froth it up. These chemicals bubble into a super-concentrated foam – much like soap would. Then that foam is siphoned off, and the cleaned water continues on to a sewage plant.

PFAS, or per- and polyfluoroalkyl substances, are thousands of chemicals used to make frying pans nonstick, clothes and carpets stain resistant, and even to snuff out dangerous fires. The chemicals’ almost unbreakable carbon-fluorine bonds make them useful but also ensure they don’t break down. They have been found in the environment across the globe, including in the bodies of people and animals.

Growing research also shows that these chemicals are toxic, and linked to some cancers and reproductive, developmental, and immune system issues.

In the past few years, regulation of these chemicals is finally starting to catch up – the EPA set new limits for six PFAS in drinking water last year, and private startups are racing to find a way to destroy them. But decades’ worth of the compounds are sitting in landfills right now – presenting a new contaminant for waste handlers who didn’t create the pollution, but now find themselves awash in it.

Click to read the full story

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EPA seeks to clarify PFAS cleanup authority

By Megan Quinn, Waste Dive

Proposed new rules would more clearly define “hazardous waste” and list nine specific PFAS under RCRA regulations but are not likely to apply to most operators of MSW and C&D landfills.

A black and gold United States Environmental Protection Agency sign next to double-glass doors. — *The Environmental Protection Agency building in Washington, D.C. Sara Samora/Waste Dive*

The U.S. EPA proposed two new rules on Thursday meant to more clearly specify its authority to identify and clean up PFAS contamination at certain hazardous waste treatment, storage, and disposal facilities.

One of the proposed rules would clarify that the EPA has the authority under the Resource Conservation and Recovery Act to clean up “emerging chemicals of concern, such as PFAS,” that could cause hazards at permitted facilities. Part of the clarification process in the proposed rule would be to update the definition of “hazardous waste” under RCRA.

The other proposed rule would add nine PFAS compounds to the list of hazardous constituents under RCRA, meaning regulators could specifically monitor for those per-and polyfluoroalkyl substances during facility assessments and, if necessary, call for a cleanup process. Currently, RCRA does not list any PFAS as hazardous constituents.

These two proposed rules would only apply to operators whose facilities are also considered hazardous waste TSDFs, the EPA confirmed in the draft rule. Most publicly owned treatment works would also not be affected by the proposed rules.

The National Waste & Recycling Association and the Solid Waste Association of North America were not available to comment as of press time, but others familiar with the draft rules confirmed MSW and C&D landfill operators are not expected to be affected.

Read the full story here

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EPA closing in on final PFAS drinking water regulation

The agency previews a busy winter of new regulations and disposal guidelines that will have implications for many waste industry operators.

By Megan Quinn, Waste Dive

The U.S. EPA could finalize national drinking water standards for certain PFAS in January and finalize its designation of two types of PFAS as hazardous substances by March, according to a timetable published last week.

Separately, the agency also expects to update its guidance on how to dispose of or destroy PFAS-containing material sometime “this winter,” according to an EPA spokesperson.

EPA’s Strategic Roadmap

These anticipated updates are part of the PFAS Strategic Roadmap plan that the agency released in 2021, which describes proposed actions and research it could undertake through 2024. The EPA also plans to release a progress report on key roadmap milestones sometime this month, the spokesperson said in an email.

The waste and recycling industry has long anticipated finalization of such regulations for per- and polyfluoroalkyl substances because of the potential impacts on operational costs and liability concerns, as well as the potential PFAS management business opportunities. Here’s a rundown of these anticipated updates:

Read the full story here

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‘Forever’ contaminant PFAS found in 70% of PA rivers and streams

Water flows down the Wissahickon Creek in view of the Autumn foliage Thursday, Oct. 29, 2015, in Philadelphia. (AP Photo/Matt Rourke)

By Zoë Read, WHYY News

Several rivers and creeks around Philadelphia contain the toxic class of chemical PFAS — from the Schuylkill River, to the Wissahickon, Neshaminy, and Valley creeks — according to the U.S. Geological Survey.

PFAS can remain in the bloodstream for years, and the chemicals are linked to serious health problems, including some cancers, thyroid disease, ulcerative colitis, and developmental delays in children. That has led to numerous lawsuits against companies that make the products, such as DuPont and its successor companies, and 3M.

The USGS tested 161 Pennsylvania rivers and streams for PFAS, and found 76% contained one or more types of the chemical. The highest concentrations of PFAS were found in high-population areas, including Philadelphia and Pittsburgh.

The study was a collaboration between the Pennsylvania Department of Environmental Protection and the Susquehanna River Basin Commission.

Known as “forever chemicals,” PFAS are commonly used in products from nonstick cookware to firefighting foam, and can remain in the environment for years. So, experts say detecting PFAS in waterways is not surprising.

However, the USGS report determines the sources of contamination in each waterway. Researchers say that could guide PFAS regulations statewide, and help water providers determine whether they need to monitor PFAS in surface water.

Read the full story here

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EPA Releases New Framework Addressing New Pfas and New Uses of Pfas in The Market

Graphic by Water Online

By Cliff L. Rothenstein, Dawn M. Lamparello, B. David Naidu, and Julia A. McGowan, K&L Gates

On Thursday, 29 June 2023, the US Environmental Protection Agency (EPA) announced a new framework (Framework) that will impact manufacturers across the country. The Framework lays out a new process for reviewing and assessing the potential environmental risks posed by new and new uses of per- and poly-fluoroalkyl substances (PFAS).

This PFAS Framework establishes more stringent pre-market screening procedures for certain PFAS chemicals that may be harmful to human health or the environment. Under the Framework, the EPA will review and take appropriate action for new PFAS or significant new uses of existing PFAS through pre-manufacture notices (PMNs) and significant new use notices (SNNs) through the EPA’s authority under the Toxic Substances Control Act (TSCA).

Background

PFAS are a class of fluorinated chemicals used in various consumer products and are commonly known as “forever chemicals” due to their high resistance to degradation. There are thousands of different PFAS, and only a small fraction of them have been well studied. In October 2021, the EPA announced a broad “PFAS Strategic Roadmap” aimed at researching and regulating the presence of PFAS in the environment. According to the EPA, this new PFAS Framework advances the EPA’s Roadmap through the “New Chemicals Program” mandated by TSCA Section 5.

The New Chemicals Program regulates “new chemicals” by requiring anyone who plans to manufacture them to provide the EPA with a PMN at least 90 days prior to manufacture, subject to certain exemptions. Under TSCA, a “new chemical” is any chemical that is not currently on the TSCA inventory, which is a list of chemicals that are already deemed “existing” in US commerce. Therefore, when new chemicals are created, the EPA reviews them under the New Chemicals Program to ensure their entrance into the market will not pose significant health concerns or dangerous environmental releases. Manufacturers are also subject to a 90-day notice requirement if they wish to engage in the use of a chemical that the EPA has deemed a “significant new use” from what had previously been approved by the agency under a prior PMN submission, by way of a SNUN submission.

Read the full story here

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Water flows down the Wissahickon Creek in view of the Autumn foliage Thursday, Oct. 29, 2015, in Philadelphia. (AP Photo/Matt Rourke)

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