Forever Chemicals - An Introduction

[YAGAY andSUN]

"Forever chemicals" is a common term for Per- and Polyfluoroalkyl Substances (PFAS), a group of synthetic chemicals that are widely used in industrial applications and consumer products for their water- and grease-resistant properties. They are called "forever chemicals" because of their extremely persistent nature in the environment and the human body. These chemicals do not break down easily and remain in ecosystems and organisms for an extended period, which leads to accumulating toxic effects over time.

PFAS are used in a wide range of products, including non-stick cookware, water-repellent clothing, stain-resistant fabrics, firefighting foams, and even in some food packaging materials. Their resistance to heat, water, and oil is why they are used in many products that require these properties.

Types and Derivatives of Forever Chemicals

PFAS chemicals can be divided into several categories, but they all share the same basic structure, which includes a carbon-fluorine bond, one of the strongest bonds in chemistry. Some common types of PFAS chemicals include:

• Perfluorooctanoic acid (PFOA)
• Perfluorooctane sulfonate (PFOS)
• Perfluorobutanesulfonic acid (PFBS)
• GenX chemicals (a replacement for PFOA)
• Perfluorinated alkyl acids (PFAAs)

These chemicals can be further classified into long-chain PFAS (with longer carbon chains like PFOA and PFOS) and short-chain PFAS (which have shorter carbon chains and are often seen as replacements for the more hazardous long-chain variants).

Applicable International Laws, Legal & Regulatory Systems

Globally, the challenge of managing PFAS is gaining traction, and various international organizations and countries are taking steps to regulate these chemicals:

1. Stockholm Convention on Persistent Organic Pollutants (POPs): The Stockholm Convention, an international treaty that aims to eliminate or restrict the production and use of persistent organic pollutants (POPs), lists PFOA and PFOS as substances of concern. The Convention requires signatory countries to take action to reduce or eliminate their production and use.
2. The European Union (EU): The EU has been proactive in dealing with PFAS, with the European Chemicals Agency (ECHA) working towards classifying these substances as hazardous. REACH (Registration, Evaluation, Authorization, and Restriction of Chemicals) also monitors PFAS substances and limits their use in various products.
3. United States: The U.S. Environmental Protection Agency (EPA) has been increasingly concerned with PFAS contamination in water supplies. The EPA has issued health advisories for certain PFAS chemicals, though legal limits are still being established. In 2020, the EPA started its process of regulating PFOS and PFOA under the Safe Drinking Water Act.
4. Canada: Canada has taken steps to regulate PFAS through the Canadian Environmental Protection Act, and PFOS and PFOA have been listed as toxic under this act. The country also monitors PFAS in various environmental matrices, such as water and soil.

How Developed Countries are Dealing with It - Phasing Out

In developed nations, the regulation and phasing out of forever chemicals has taken various forms, but common trends include:

• Prohibition of Long-Chain PFAS: Countries like the EU and Canada have moved to phase out long-chain PFAS like PFOA and PFOS in consumer products and industrial applications. Replacements such as short-chain PFAS and fluorine-free alternatives are being explored.
• Regulation of Drinking Water: Regulatory bodies like the U.S. EPA have focused on regulating PFAS in drinking water and ensuring that contaminated water is cleaned up. In some areas, strict maximum contaminant levels (MCLs) have been set.
• Clean-Up Efforts: Many developed nations have initiated extensive programs to clean up contaminated sites, including Superfund sites in the U.S. and site remediation efforts in the EU.
• Increased Public Awareness: Governments are working to increase public awareness regarding the dangers of PFAS, including requiring labels and warning statements on products that contain these chemicals.

Forever Chemicals in the Indian Context - What’s Happening?

In India, the issue of forever chemicals has only recently gained attention, but it is becoming increasingly important as industrialization and consumption of PFAS-containing products grow. Though PFAS have been found in several consumer goods, including textiles, food packaging, and firefighting foam, there has been limited focus on regulating PFAS in the Indian context.

Initiatives by Indian Regulatory Agencies & Departments

1. Bureau of Indian Standards (BIS):
   • BIS has not yet issued specific guidelines for PFAS, but it has set standards for certain products, like textiles and food packaging, that might indirectly address the issue of chemicals like PFAS.
2. Central Pollution Control Board (CPCB):
   • The CPCB monitors environmental pollution levels and has started working on investigating PFAS contamination in water bodies, but specific guidelines on PFAS disposal, use, and monitoring are still lacking.
3. National Green Tribunal (NGT):
   • The NGT has begun hearing cases related to water pollution due to industrial activities, but PFAS are not yet a major part of the litigation.
4. Research & Awareness:
   • Indian researchers have started investigating PFAS contamination in groundwater, particularly around industrial zones. However, the level of research is still emerging compared to developed countries.

Legal and Regulatory Framework in India for Forever Chemicals

India currently lacks a comprehensive legal and regulatory framework dedicated to PFAS or "forever chemicals". Some existing frameworks can be adapted to regulate PFAS, including:

• Environment Protection Act, 1986: This provides the overarching framework for regulating pollutants in India and can potentially be used for regulating PFAS as hazardous substances.
• Water (Prevention and Control of Pollution) Act, 1974: This Act empowers regulatory agencies to control pollution in water bodies, including possible PFAS contamination.
• Chemical Accidents (Emergency Planning, Preparedness, and Response) Rules, 1996: These rules, though not directly applicable to PFAS, could be extended to address chemical pollutants and accidental releases of such substances.

Need for Special Legislation and Regulatory System to Tackle the Menace

Given the persistent and toxic nature of PFAS, specialized legislation may be required to regulate their use and mitigate their effects on health and the environment. Suggested approaches include:

1. Setting National Standards for PFAS content in water, soil, and air.
2. Mandatory Disclosure of PFAS in products like textiles, packaging, and food containers.
3. Polluter Pays Principle: Introducing stricter penalties for industries found to be releasing PFAS into the environment.
4. Regulatory Bodies with Specialized Focus: Creation of a dedicated body to oversee the regulation and cleanup of PFAS-related contamination.

Suggestions to Cope with the Adverse Impact of Forever Chemicals

1. Phase Out PFAS: Industry and government should work together to gradually phase out the use of PFAS, especially long-chain variants, in products and manufacturing processes.
2. Promote Research: Investment in research for alternative, non-toxic chemicals and technologies that can replace PFAS in various applications.
3. Strengthen Regulations: India needs to develop a legal framework to regulate PFAS, including monitoring levels in water and soil and enforcing standards for their use.
4. Public Awareness and Advocacy: Creating awareness about the dangers of PFAS and encouraging eco-friendly alternatives through public campaigns and education.

Ways to Reduce Pollution Created by Forever Chemicals

1. Proper Waste Management: Establishing effective disposal systems for products containing PFAS to prevent environmental contamination.
2. Cleanup Initiatives: Expediting site remediation efforts where PFAS have already caused significant contamination, especially around industrial areas.
3. Green Chemistry Innovations: Encouraging industries to adopt green chemistry principles that replace harmful substances with safer alternatives.
4. Monitoring and Reporting: Setting up monitoring stations to regularly assess the levels of PFAS in water, soil, and air.

Path Forward

The path forward for India includes:

• Strengthening the legal framework and creating new regulations targeting PFAS management.
• Promoting sustainable industrial practices and transitioning to safer alternatives.
• Encouraging international collaboration to share best practices and technologies for PFAS regulation.

Conclusion

The growing concern around forever chemicals highlights the urgent need for regulatory action, increased research, and industry collaboration. While India is still in the early stages of addressing this issue, it is crucial to build a robust legal and regulatory framework to prevent future environmental and health crises related to PFAS. Phasing out these chemicals and adopting safer, more sustainable practices is essential for the protection of the environment and public health.