New Vermont law bans ‘forever’ toxic chemicals

May 22, 2021  |  By Rep. Theresa Wood

Recently the House passed S.20, an act relating to perfluoroalkyl and polyfluoroalkyl substances and other chemicals of concern in consumer products. 

You may have heard of these chemicals more often referred to as PFAS, particularly when referencing the contamination of groundwater in Bennington from a chemical plant. The cost to human health and property as a result of that contamination has been great and the effects are still being felt. 

However, exposure to these toxic chemicals is not just a Bennington issue. PFAS chemicals have been shown to have adverse effects on the liver, endocrine system, and immune system. They also have been shown to have adverse health effects on developing embryos and fetuses, and increase the risk of cancer. We now know that PFAS have been found in levels above our safe drinking water standard across the state, from the Winooski River to the mountains of Killington, and in more than 100 public water supplies, private drinking-water wells, groundwater, and surface waters. We have found high levels of PFAS in the runoff (or leachate) from our landfills, both active and abandoned, and in water at our wastewater treatment plants regardless of whether or not they accept this leachate. This issue is not limited to Vermont, as PFAS can be found in the blood of almost every person in the United States.

The defining feature of PFAS chemicals, a carbon chain surrounded by fluorine, is their resistance to any kind of breakdown. Known as “forever chemicals,” they do not biodegrade but instead remain in contaminated areas for decades. They also can accumulate within our bodies over time, impacting various organs as they circulate through our blood. In fact, it is rare to find an emerging environmental health issue that is so universal, that contaminates both the water we drink, the air we breathe, and the food we eat. It is rare to find a substance that is so ubiquitous, so persistent, and yet so unknown to the general public. 

Meanwhile, PFAS chemicals continue to be manufactured in our country every day.

A recent study published in the Journal of Environmental Science found over 1,400 different kinds of PFAS chemicals in over 200 consumer products. You do not need to live in a contaminated area to be exposed to PFAS. You can consume PFAS by simply eating a meal, or coming into contact with the furniture in your home. That being said, some Vermonters are at a higher risk of exposure than others, including firefighters, infants, and even skiers.

In an effort to protect human health, S.20 targets four types of consumer products: fire extinguisher foam and firefighting personal protective equipment, food packaging, rugs and carpets, and ski wax. It also adds PFAS chemicals to the state’s list of Chemicals of High Concern to Children. It is difficult to comprehend how our exposure to these chemicals of concern impact both our healthcare system and human well-being. 

Rather than limiting our actions and efforts to these problems downstream, S.20 addresses this issue at the manufacturer level. This legislation prevents these toxins from further contaminating our environment and accumulating within our bodies. My committee received testimony from the President of the Professional Firefighters of Vermont, an organization representing 250 paid union firefighters, emergency medical technicians and paramedics in our state. They stated their support and appreciation for S.20, acknowledging that firefighters are at a significantly higher risk for cancer than the general population. Testimony cited a 2020 report from The International Association of Fire Fighters that since 2002, 61% of deaths from actively working firefighters were caused by cancer, and that in the year 2016, 70% of firefighter deaths were cancer-related. 

The bill also touches on two other chemicals of concern besides PFAS within food packaging: bisphenols and phthalates. A manufacturer, supplier, or distributor shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in this state a food package to which PFAS have been intentionally added and are present in any amount. While Vermont banned use of certain bisphenols (BPA) in baby food and bottles in 2010, it is still widely used as an epoxy resin in food packaging manufacturing. Studies of BPA have shown changes in the endocrine and brain development in animals. Epidemiology studies have found positive association with levels of BPA and levels of obesity.

The bill also covers aftermarket stain and water resistant treatments to rugs and carpets which is defined as treatments for textile and leather consumer products used in residential settings that have been treated during the manufacturing process for stain, oil, and water resistance. The bill bans the manufacture or sale in Vermont of new residential rugs or carpets containing PFAS. 

Why is it important that we address the use of PFAS in rugs and carpets? Simply, they are the highest risk exposure pathways for infants and toddlers, who crawl and play on rugs and carpets in the home. It is especially at these early developmental stages that we need to protect our children’s health and safety from toxins. Additionally, a Waste Source Testing Report within the state of Vermont found that carpets were one of the products with the highest concentrations of PFAS found within our waste stream. Not only does this suggest that rugs and carpets are of high concern for our infants, but also means they are one of the worst offenders for PFAS chemicals leaching from our landfills.

Next, the use of fluorinated ski wax poses an exposure risk to skiers. Our committee heard in testimony that proper safe application of any ski wax requires a respirator, due to the ironing, scraping, and brushing of ski wax which can create smoke or other particulates in the air. In addition, multiple studies, including one published in the Journal of Environmental Science and Technology, indicate that PFAS enters the snow and surrounding environment at significant levels through runoff from fluorinated ski wax. Both the international ski federation and the U.S. Ski and Snowboard Association are expected to ban PFAS wax.

Finally, the bill adds three PFAS chemicals to the Department of Health’s list of Chemicals of High Concern for Children, a list which manufacturers must report use of in children’s products to the Department of Health.

This bill passed both the House and Senate on unanimous roll call votes and on May 18, Gov. Phil Scott signed it into law.

Rep. Theresa Wood, D-Waterbury, is vice chair of the House Human Services Committee.