Legislature(2019 - 2020)DAVIS 106
03/09/2020 03:00 PM House HEALTH & SOCIAL SERVICES
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| Presentation: the Impact of Forever Chemicals | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
March 9, 2020
3:12 p.m.
MEMBERS PRESENT
Representative Tiffany Zulkosky, Chair
Representative Harriet Drummond
Representative Geran Tarr
MEMBERS ABSENT
Representative Ivy Spohnholz, Vice Chair
Representative Matt Claman
Representative Sharon Jackson
Representative Lance Pruitt
COMMITTEE CALENDAR
PRESENTATION: THE IMPACT OF FOREVER CHEMICALS
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
ROBERT BILOTT, Attorney, Taft, Stettinius & Hollister LLP
Cincinnati, Ohio
POSITION STATEMENT: Presented on the Public Health Threat of
PFOA & PFOS Contamination.
PAMELA MILLER, Executive Director
Alaska Community Action on Toxics
Anchorage, Alaska
POSITION STATEMENT: Testified during the presentation.
KELLY McLAUGHLIN
Gustavus PFAS Action Coalition
Gustavus, Alaska
POSITION STATEMENT: Testified during the presentation.
ACTION NARRATIVE
3:12:59 PM
CHAIR TIFFANY ZULKOSKY called the House Health and Social
Services Standing Committee meeting to order at 3:12 p.m.
Representatives Zulkosky, Drummond, and Tarr were present at the
call to order.
^Presentation: The Impact of Forever Chemicals
Presentation: The Impact of Forever Chemicals
3:13:42 PM
CHAIR ZULKOSKY announced that the only order of business would
be a presentation on The Impact of Forever Chemicals.
3:14:19 PM
ROBERT BILOTT, Attorney, Taft, Stettinius & Hollister LLP,
stated that he was speaking in a personal capacity to share
information he has collected and brought out to the public over
the last 20 years about PFAS chemicals, what is known about
them, what's known about the health threat from them, and what
can be done using that information to protect the public. He
shared his background of working on these chemicals in
litigation context for more than 20 years. He reported that
this litigation had uncovered many internal documents from the
companies which manufactured these chemicals, primarily Dupont
and 3M. He added that these chemicals were completely man-made,
synthetic materials, which did not exist prior to World War II.
He pointed out that litigation over the past 20 years had
resulted in access to the internal studies and documents from
Dupont and 3M about PFAS, which had not been available to the
public, the regulators, or the scientific community. He
declared that, as the chemicals were known to have a unique
structure which made it almost impossible to break down in the
environment, they became known as "forever chemicals" and would
stay in the water and soil virtually forever.
MR. BILOTT reported the companies knew these chemicals would get
into the environment. He shared there had been internal
laboratory toxicity studies on animals, and later, on humans who
had been exposed to the chemicals. By the 1980s, it was known
these chemicals were toxic, and caused cancer in animals. He
reiterated that the companies had kept this information
internal, and the regulators and scientific community were not
aware of it. He shared that he had contacted the EPA
(Environmental Protection Agency) in 2001 and asked that
appropriate standards be set for these chemicals in drinking
water. He emphasized that, 19 years later, there was still not
an enforceable, federal drinking water standard for any of these
chemicals, even as the EPA had announced programs for a priority
review and action plans in 2002, in 2003, and 2009. He noted
that in 2018 and 2019 there was another statement by the EPA of
an action plan to move forward, yet there was still not an
enforceable standard by the EPA. In the meantime, his group had
been able to set up, through a settlement in 2004, independent
scientists to look at all the data and internal files and
information, while doing new studies of 70,000 people in West
Virginia and Ohio. This study had taken place over more than 7
years, had cost more than $100 million, and had been able to
confirm, by 2012, that PFOA was linked with 6 different
diseases, including testicular cancer, kidney cancer, thyroid
disease, and high cholesterol.
MR. BILOTT reported these were some of the most comprehensive,
extensive human health studies ever done on any chemical. It
was only at this point in 2012 that the EPA added PFOA and the
related PFOS to the list of chemicals for public water supplies
to begin sampling. Finally, in 2016, the EPA came out with its
first guideline for PFOA and PFOS in drinking water after a NY
Times magazine article summarized the history and indicated that
the chemical was found in drinking water all over the country.
At that time, states and public water providers started to ask
the EPA about the safety level, and the EPA presented a
guideline of no more than 70 parts per trillion. He pointed out
that, once sampling began using this guideline, people asked
about the safety level, as the guideline was unenforceable. He
reported that states began to set enforceable standards for
these chemicals in the water and water providers were incurring
costs to clean the water. States were reviewing all the data
and were recommending much lower numbers than the EPA. The
regulators were taking the current information on PFOA and PFOS
and applying it to the broader group of PFAS chemicals, instead
of waiting for guidelines from the federal government which
could still be years away.
3:23:16 PM
PAMELA MILLER, Executive Director, Alaska Community Action of
Toxics, spoke about the significant public health threat from
PFAS contamination to safe drinking water supplies in Alaska.
She urged immediate legislative action to prevent further harm,
to ensure safe drinking water supplies and responsible clean-up,
with measures to monitor and protect the health of affected
community members and first responders. She reported that PFAS
were an unregulated class of chemicals, with more than 5000
substances in their class, and that they were found in many
consumer products, including industrial firefighting foams for
Class B petroleum and chemical fires, and electronics. She
pointed out that, in Alaska, the dispersive use of AFFF (Aqueous
Film Forming Foam) had resulted in most of the contamination in
drinking water and the environment. She emphasized that these
chemicals were toxic at exceedingly low levels, with effects on
the immune systems of children and effects on mammary gland
development during breastfeeding.
MS. MILLER declared that there were not any enforceable drinking
water standards in Alaska. She offered her belief that it was
important for the Alaska State Legislature to step up to protect
Alaskans. She directed attention to a report that showed
adverse health effects were found at up to 700 times the
guidance level established by EPA, which she defined as the 0.1
- 1 parts per trillion. She emphasized that the EPA standards
were "far from health protective." She reported firefighters
suffered higher rates of cancer than the general population, as
they were at risk from the occupational exposure to PFAS. She
shared a report titled "Threats to Drinking Water and Public
Health in Alaska," which reviewed thousands of pages of records
obtained through the Freedom of Information Act and the Public
Records request, as well as a thorough review of peer-reviewed
literature of health effects. She identified 100 individual
sites contaminated with PFAS, including 33 airports in Alaska
which had known or suspected release of AFFF into the
environment. She noted that, of these 33 airports, only 13 had
been investigated. She reported that 10 Alaska communities had
been identified with PFAS-contaminated drinking water, at levels
deemed unsafe even by EPA standards. She opined that the number
of communities with contaminated water would increase as there
was more sampling. She expressed her concern with the rolling
back of regulations by the current Governor Mike Dunleavy's
administration.
MS. MILLER declared that there were safe, effective, non-
chlorinated alternatives for AFFF firefighting foams, and that
these were already in use throughout the world. She stated that
restriction of the use of AFFF would stop further contamination
and harm to the environment, as well as the high costs of clean-
up and associated liability. She expressed a desire to work
toward legislation that was as protective as possible from the
effects of PFAS. She recommended a class-based approach to
setting water quality standards for PFAS, as so many chemicals
in this family of chemicals shared structural and toxicological
properties. She declared that the goal should set a maximum
contaminant level at a very low parts per trillion, even though
there may not be any safe levels of exposure. She offered her
belief that, as the State of Washington had just passed a bill
with the strongest ban on PFAS-based firefighting foam in the
United States, it was necessary for the Alaska State Legislature
to take similar responsibility.
3:30:17 PM
CHAIR ZULKOSKY asked about the rollback of regulations by the
current administration.
MS. MILLER explained that under the administration of former
Governor Bill Walker there were measures to enact rules to
regulate and require testing of at least six PFAS chemicals.
She suggested that it was best to take a class-based and
protective approach in the regulation of these chemicals. She
reported that the administration of Governor Dunleavy had
announced that there would be a return to the earlier
regulations, which covered only PFOA and PFOS, and would defer
to the federal standard. She offered her belief that this
federal standard was not protecting health.
3:31:40 PM
KELLY McLAUGHLIN, Gustavus PFAS Action Coalition, pointed out
that the reversal by the Dunleavy administration was simply
implemented and had not been announced. She shared that results
of testing in Yakutat and Cordova were not even released. It
was only then that the Department of Environmental Conservation
stated there had been a return to the federal standards, whereas
the public had been under the impression that a new regulation
package had been moving forward.
3:32:42 PM
MS. MILLER said that this decision had been at the objection of
staff in the Department of Environmental Conservation. She
shared a memo from staff working in the contaminated sites
program, which read, in part:
the best way to protect our citizens of the State is
not by rolling back standards; such action goes
against our responsibility as environmental and health
professionals to ensure the drinking water of Alaskans
is safe. As a science-based agency, we must use a
science-based approach to set standards, investigate
all potential contaminated areas and receptors,
require complete reporting and do all that we can to
protect Alaskans and the environment from additional
exposures to PFAS. To do otherwise, is negligence.
CHAIR ZULKOSKY asked if that recommendation from within the
Department of Environmental Conservation was received through
the public records request.
MS. MILLER replied that the writer had made the memorandum
available to the public.
CHAIR ZULKOSKY asked if the public comment period was regarding
the Department of Environmental Conservation addressing the
class-based approach to water quality and chemicals.
MS. McLAUGHLIN replied that Department of Environmental
Conservation had put into action a set of five chemicals with a
combined total to meet the action level of 65 parts per
trillion. This had been put together to react to the emergency
and had then put it out for public comment.
CHAIR ZULKOSKY asked if any of them would drink water with 70
parts per trillion of PFAS. She asked if they believed the EPA
standards were stringent enough.
MS. LAUGHLIN replied, "no."
MR. BILOTT offered his belief that the standards were not
stringent enough.
MS. MILLER reported that the director of the National Toxicology
program had stated that the 70 parts per trillion was probably
about 700 times too lax to protect public health.
REPRESENTATIVE TARR commented on agency staff working in
whistleblower fashion, and the concern for retribution.
3:38:10 PM
MS. McLAUGHLIN referenced two proposed bills, noting that these
were "barely going to start dealing with this problem." She
stated that using bottled water was only a start, not a
solution, adding that her property was still contaminated. She
declared the need to stop using PFAS.
CHAIR ZULKOSKY asked for her written testimony to better
understand the situation at her home in Gustavus.
MS. McLAUGHLIN shared her story from the early homestead bought
by her grandparents in Gustavus during the 1960s, and its
subsequent division among their children. She reported that the
property encompassed an old drainage ditch from the local
airport when it was built in World War II, to the river. She
relayed that, as PFAS followed water, it flowed down the river
and through the properties of all her relatives. After
discussions with her family, they contacted Pam Miller, and
began a path of unity to start the Gustavus PFAS Action
Coalition. She relayed that their first action was a letter
writing campaign for public comment on the regulation package.
When they wrote to the Department of Transportation & Public
Facilities asking that the foam be removed from the Gustavus
airport, they were informed that the Gustavus airport, as an
index A (smaller) airport, was exempt. She reported that the
coalition began a pilot study of 40 residents and asked people
for blood tests. The coalition began a limited animal testing
program through Alaska Department of Fish & Game, and she shared
some of the results. She pointed out that, as the non-detect
levels were fairly high, it did not rule out existence of the
chemicals. She stated that the coalition was also working on
advocacy and awareness and would love to have Gustavus
remediated to the way it had been with clean soil and water.
She reported that the group was still collecting data and
information and needed more tests on water and blood to better
know the correlation with health effects.
3:44:04 PM
REPRESENTATIVE DRUMMOND asked about AFFF.
MS. McLAUGHLIN explained that it was aqueous film forming foam,
the main source of contamination.
MR. BILOTT explained that these foams were usually used for
petroleum-based fires.
REPRESENTATIVE DRUMMOND asked whether some water systems were
filtering out these products.
MR. BILOTT replied although it was expensive there were
effective technologies for the PFOA and PFOS compounds. He
reported that these technologies were put on in-home systems for
private wells and had been in operation for more than a decade.
He said that it was more difficult and required more expensive
treatment systems to treat the newer replacement PFAS chemicals.
REPRESENTATIVE DRUMMOND asked if there was a cost increase as
the carbon decreased.
MR. BILOTT explained that the carbon essentially captured the
PFOS and filtered it out of the water, and then the carbon was
regenerated.
CHAIR ZULKOSKY asked how many individuals were tested in
Gustavus and how this testing was sponsored and paid. She asked
for more information on the animal testing.
MS. McLAUGHLIN explained that the Alaska Department of Fish &
Game had been interested in funding the animal testing. She
reported that the blood testing had been sponsored through a
grant from the Alaska Community Action of Toxics with "lots of
volunteer hours."
MS. MILLER explained that free analytical work had been offered
by Indiana University. She shared information from another
community-based research project for PFAS chemicals in people
with no source of firefighting foam in the drinking water,
indicating long-range transport.
CHAIR ZULKOSKY asked where the testing had been done in Alaska,
where it still needed to be done, what resources were necessary,
and what collaboration existed with the Department of Health and
Social Services. She noted that some communities were reliant
on the collection of water from a local well or water system.
MS. MILLER offered her belief that this was just the beginning
stages of water testing, even though the military had performed
water testing downstream and around military bases in Alaska.
She shared that Department of Environmental Conservation had
plans to test places where use of AFFF was known. She reported
that the Agency for Toxic Substances and Disease Registry had
started a human biomonitoring project for people living in Moose
Creek, affected by PFAS contamination from the nearby Eielson
Air Force Base. She added that there had also been studies in
the Circumpolar Arctic which showed long range transport of
these chemicals. She stated that, as there had been very
limited testing of fish tissue and other traditional food
sources, there should be another priority as two lakes had been
shut down to fishing because of high levels of PFAS.
MR. BILOTT reported that some states had issued fish consumption
advisories and deer hunting advisories after testing showed high
levels of these chemicals.
3:52:16 PM
MS. McLAUGHLIN reported that the water of Kimberly Lake, which
had been shut down, was 122 parts per trillion. She noted that
in 9 months, the fish, which had been stocked clean into the
lake, had accumulated about 90,000 parts per trillion. She
emphasized that animals uptake very quickly.
REPRESENTATIVE DRUMMOND asked how to improve contaminated soil.
MS. McLAUGHLIN said that remediation, which was removal and
replacement, was not cost effective. She shared what was being
done in Fairbanks, that an activated carbon liquid was injected
into the ground which absorbed the incoming PFAS.
REPRESENTATIVE TARR asked what was the most strategic way to
spend money while trying to keep the most people healthy.
MR. BILOTT shared that there had previously been arguments that
there was insufficient human data to show the impacts of these
chemicals. He declared that, when dealing with chemicals linked
with rare health outcomes, it was necessary to have very large
data sets, with large populations, to conduct the studies to
confirm these effects. He shared that the studies in West
Virginia and Ohio used $70 million from Dupont to start the
testing, and then another $35 million to do the epidemiology
studies from this data. He pointed out that by already having
this data, it was possible to move forward to protect people.
3:57:28 PM
CHAIR ZULKOSKY asked for action recommendations at the state
level to make drinking water safe.
MS. MILLER declared that first it was necessary to set health
protective, enforceable drinking water standards. Then, it was
necessary to ensure that those who had been exposed to low
levels be provided with safe drinking water sources. She
expressed her concern for the Fairbanks area which had seven
major source areas of these chemicals. She added that no longer
allowing the use of firefighting foam would "go a long way to
prevent further harm." She stated that it was necessary to have
effective clean-up and health protective technologies.
MS. McLAUGHLIN declared that the starting point would be a low
parts per trillion maximum contamination level.
MR. BILOTT stated that it was critically important to have an
enforceable standard. He emphasized that people should not have
to get a lawyer in order to have safe drinking water.
MS. MILLER shared that there were a series of recommendations in
the report, "Threats to Drinking Water and Public Health in
Alaska."
REPRESENTATIVE DRUMMOND asked how to set drinking water
standards.
MS. MILLER replied that there were good precedents in other
states, including the State of Michigan, and that some other
states were taking a class-based approach for a very low parts
per trillion level on combined contaminants. She opined that
there may not be a safe level of exposure.
CHAIR ZULKOSKY asked if there was anything to be done if a
person tested positive for these chemicals.
MS. McLAUGHLIN said that "information is power" and that it was
necessary for people to know their "body burden." She said that
the House Health and Social Services Standing Committee could
pass legislation to educate doctors in Alaska.
MR. BILOTT expressed his agreement that education was key as was
making the resources and information available. He reported on
a subsequent panel of independent medical doctors, in 2013, who
reviewed appropriate medical testing and recommendations for
exposure to these chemicals. He pointed out that most medical
professionals had not heard of PFAS and did not know to ask
questions or do tests.
CHAIR ZULKOSKY reflected on the high levels of bioaccumulation
in subsistence foods.
4:06:19 PM
ADJOURNMENT
There being no further business before the committee, the House
Health and Social Services Standing Committee meeting was
adjourned at 4:06 p.m.
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