‘Literally making us sick’: Pa. bill to ban ‘forever chemicals’ in household products clears House panel

BETHLEHEM, Pa. — It’ll be a monumental task to rid consumer products of PFAS, also known as forever chemicals, state Rep. Joshua Siegel says.

But, for the sake of community health, it needs to be done.

“It is absolutely a monumental task, but I think the urgency of the moment, the reality is that on the consumer side of things, PFAS are adversely affecting the health and well-being of the community,” said Siegel, D-Lehigh. “The health consequences of sustained, long-term exposure to PFAS are well-documented.

“Women who are pregnant are more likely to be susceptible to things like preeclampsia and higher blood pressure. Infants are born at lower weight, and there's a higher incidence of cancer. It is literally making us sick.”

More than two dozen state legislators, including Siegel, have co-sponsored HB2238, which would eliminate the use of per- and poly-fluoroalkyl substances, or PFAS, in household products.

Introduced earlier this year and voted out of committee Tuesday by a vote of 14-11, legislators said it’s time to put both people and the environment ahead of profits.

“We want to be as aggressive and ambitious about this as possible, because, at the end of the day, it's about the health and well being of the public, and there's really not a lot of time to waste,” Siegel said. “This is not something we can afford to put off for a decade or more.

“We need to be very intentional about making sure that from a public health perspective, we're protecting people.”

PFAS in the Lehigh Valley

PFAS are a group of manufactured chemicals that have been used in consumer products since the 1940s, but have been nicknamed “forever chemicals” because they are incredibly slow to break down once introduced into the environment, and can contaminate groundwater.

Linked to a variety of health problems, including liver and immune-system damage and some cancers, PFAS are incredibly widespread, from drinking water to food and household and personal care products.

They have even made their way into the Earth’s atmosphere, researchers say. From there, they’ve leached into global rainwater systems and have contaminated soil across the globe.

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"PFAS Explained" Environmental Protection Agency

Studies have shown more than 95% of Americans have "detectable levels" of PFAS in their blood.

In early April, the Environmental Protection Agency announced the first-ever national drinking water standard regulating PFAS. While environmental advocates are lauding the new standard, it'll be several years before it's enforced, and legal challenges are likely.

In the Valley, PFAS have been recorded in at least five streams, and Emmaus’ efforts to remediate PFAS-contaminated wells have been costly and well-documented.

Shane Pepe, Emmaus' borough manager, said Monday the municipality’s lawsuit against 3M Co. “is stalled,” adding that litigation is ongoing and officials are continuing to pursue the other companies included in the suit.

The borough in April 2022 filed a lawsuit against 3M Co., DuPont and a slew of other PFAS manufacturers alongside other public water providers, alleging that the companies knew about the link between their firefighting foam and the dangers of PFAS since the 1950s, but continued to sell them anyway.

At the end of that year, 3M officials announced they would stop manufacturing PFAS and “discontinue the use of PFAS across its product portfolio by the end of 2025.”

The foam was used for decades at the borough’s Klines Lane firefighting training grounds, as well as other locations.

“In regards to mitigation, we are in the final stages of engineering and the permitting process,” Pepe said in an email. “We will be applying for grant funding in November at the next grant round with PennVest. We are hoping to be able to offset as much of the $10 million cost as possible.

“[The Department of Environmental Protection] has been working with us and will be expediting the permit as quickly as possible. We are hoping to break ground by the end of this year or early next year.”

‘Put people and the environment first’

The bill, introduced in April by state Rep. Greg Scott, D-Montgomery, would prohibit the use of PFAS in manufacturing certain products, impose powers and duties on the state Department of Environmental Protection and impose penalties.

“The use of PFAS chemicals in commercial products is a man-made problem. They had a choice, and they chose profit over people,” said Scott in a news release. “The prime sponsors, and our staff, have worked diligently on this legislation.

“We have sought, reviewed and received information from over 60 scientists from the U.S. and around the world. Now we have [the] choice to put people and the environment first; we have an obligation to fight and protect the wellbeing of all Pennsylvanians and this legislation does that.”

If passed, it would in 2027 prevent the manufacturing or creation of products with PFAS, from plastics to packaging. Then, beginning in 2033, the sale of all products that contain intentionally-added PFAS would be prohibited.

Other states, including Colorado, Minnesota and California, have pursued similar legislation.

“Today was a great first step toward protecting Pennsylvanians from toxic PFAS in the products we use every day,” said Stephanie Wein, clean water and conservation advocate for PennEnvironment, in a statement. “All Pennsylvanians should be able to trust that the products being sold on the shelves are safe, and the protections offered in HB2238 are long overdue.

“Whether Pennsylvanians are frying an egg, microwaving popcorn, buying baby supplies or heading to the park to kick a ball around on a soccer field, we shouldn’t need to worry about being exposed to toxic ‘forever chemicals’ that threaten our family’s health. We urge our leaders in Harrisburg to pass this critical legislation as quickly as possible.”

There are more than two dozen co-sponsors, including Siegel. His role has been the “bipartisan compromise-maker and mediator,” he said.

“Really, my role and responsibility here is to make sure that we get a more workable and palatable bill,” Siegel said. “At the end of the day, the most important thing is getting something that can pass the House and the Senate and ultimately protect and save people's health and well being.

“And, that means focusing on the consumer side of things.”

As the bill is currently written, it could lead to the prohibition of all PFAS, including those used for electrical applications to help products withstand heat and fire, such as the film that goes over solar panels, as well as the coating that goes around the wiring of electric vehicles.

“What we don't want to do is inadvertently write a bill that also stifles growth and opportunity in other industries,” he said. “We want to make sure that we're expanding our renewable energy, we want to make sure that we can make solar panels here in Pennsylvania as well as encourage electrification of our vehicle fleet.

“You want those chemicals in your plane wiring, you want them on your solar panels that are going to be out in the sun under really hazardous and robust conditions,” he said. “And so, I've kind of stepped into the mediator to make sure that we are accomplishing the health and human safety goals, while also not stifling other industries that I care about from the perspective of sustainability.”

Now that the bill is out of committee, it’ll head to the House floor. There, amendments will most likely be added before another vote.

“Once those amendments are made, I actually think we can secure some bipartisan support,” Siegel said. “From what I've heard, those amendments that specify that it will not affect traditional industrial applications are going to be key to it having that broader support.”