Last spring, Minnesota passed the most comprehensive PFAS law in the country, banning all non-essential uses and requiring disclosure of all uses of perfluoroalkyl and polyfluoroalkyl substances to the state. The Legislature passed this law in part due to the advocacy of Amara Strande, who lived near a 3M PFAS plume and developed a rare form of cancer at 15 that ultimately took her life days before her 21st birthday.
Advocates, legislators and Amara’s family listened to industry defend the use of PFAS, cloaking themselves in a new organization called Sustainable PFAS Action Network (SPAN). Their chief lobbyist, Kevin Fay, flew into Minnesota trying to convince legislators to accept his argument that some PFAS are safe. Thankfully lawmakers didn’t agree.
After Amara’s Law passed, Fay boarded a plane and left Minnesota but we knew he’d be back. Last week, SPAN and Fay showed up again with this Community Voices commentary.
As the Minnesotans who fought to pass this law, and as taxpayers are projected to spend between $14 and $28 billion dollars over 20 years to clean up PFAS from our water, we take issue with Fay’s commentary.
First and foremost, Fay is not a Minnesota community member. His organization is based in Virginia. Moreover, the assertions he made in his commentary about some PFAS being safe are completely false.
The chemical industry knew as early as the 1940’s that PFAS were toxic. Internal documents show they knew exposure to PFAS was linked to birth defects, cancer, thyroid issues, preeclampsia and more. They marketed these dangerous chemicals to consumers anyway. PFAS is now found in 99% of humans, arctic ice, whale blubber, soil, air, cord blood, breast milk and our food.
Fay stated, “Scientists agree that not all PFAS are the same, and not all PFAS present risks to human health and the environment.” This is incorrect; scientists do not agree. Linda Birnbaum, scientist emeritus and former director of the National Institute of Environmental Health Sciences and the National Toxicology Program, stated in written testimony that, “Since all PFAS are forever, and all [that have been] studied have shown to have adverse effects, the entire class should be eliminated from intentional production.” Dr. Birnbaum is one of many scientists warning of the dangers PFAS pose.
Fay’s commentary claimed PFAS are needed to protect the environment. The fact is that PFAS polymer production emits climate super-pollutants such as HCFC-22 and HFC-23, which are 5,280 and 10,800 times, respectively, more potent at warming the atmosphere than carbon dioxide, on a 20-year timescale. The emissions of these two compounds from just a single PFAS polymer manufacturing plant are the equivalent of the annual carbon dioxide pollution from 750,000 passenger cars. HCFC-22 also destroys the health-protective stratospheric ozone layer.
SPAN and other industry representatives have been flying across the country, repeating claims that people will lose access to healthcare and medicines and that the work to tackle climate change will be thwarted if we reduce or end the use of PFAS.
Here are the facts.
On Jan. 1, 2025, PFAS will be banned from cosmetics, juvenile products, dental floss, textiles, ski wax, cookware, fabric treatments, menstrual products, upholstered furniture, and carpets or rugs.
Beginning on Jan. 1, 2032, the Minnesota Pollution Control Agency will be able to deem other uses of PFAS as non-essential if the uses don’t contribute to the health and safety of society. The bill also requires disclosure to the MPCA if a product being sold in Minnesota contains PFAS and it addresses PFAS in firefighting foam.
What does “nonessential” mean?
The advocates, scientists, environmental lawyers and other experts who worked on passing Amara’s Law have been clear from the beginning; when safer alternatives to PFAS exist, they must be used and only allow PFAS to be used in cases where it’s use or the product it is in is essential for the health and safety of society.
The good news is, the state isn’t flying blind.
Many industries already use the GreenScreen for Safer Chemicals system to find safer alternatives to hazardous chemicals, including PFAS. Researchers and chemical formulators alike rely on GreenScreen, which uses an open and transparent standard for assessing chemicals. The goal of GreenScreen is to avoid the use of chemicals that have negative impacts whenever possible and, when it isn’t possible, to commit to continuous improvement and reduce harm as much as possible.
For too long, chemicals have been regulated one at a time, forcing regulators to play whack-a-mole when one toxic chemical is substituted for another. The intent of Amara’s Law is to take a class-based approach and regulate all PFAS since all PFAS that have been studied persist in the environment, cause harm to biological systems and endanger public health.
We encourage Minnesotans to support Amara’s Law and support its goal of protecting our water, our land and our loved ones.
Avonna Starck is the state director of Clean Water Action Minnesota, Jennifer DeJournett is the president of Ballot Box Strategies and Andrea Lovoll currently advocates for environmental justice on behalf of the Minnesota Environmental Justice Table.
