An “emerging pollutant” and the threat it poses to Connecticut’s public health and environment is likely to be a major issue for the 2020 General Assembly when it convenes on Feb. 5.
There were multiple spills of thousands of gallons of hazardous PFAS firefighting foam that reached the Farmington River last year. High levels of this chemical pollutant have been found in drinking water wells in Greenwich, Willimantic and Enfield, and experts say PFAS is now leaking from old landfills around the state.
A state task force created by Gov. Ned Lamont has issued a series of recommendations to deal with these hazardous and widespread “forever chemical” compounds. Some of those proposals could cost millions of dollars for things like statewide PFAS testing and pollution cleanup.
A Lamont spokesman said the governor is considering a series of executive orders with regard to PFAS contamination concerns.
“The governor, along with our agencies, believe that much can be done through executive authority and that’s what’s being considered,” Max Reiss, Lamont’s chief press aide, said in an email. He added that Lamont isn’t ruling out working with lawmakers to pass related legislation.
The co-chair of the legislature’s Public Health Committee, Rep. Jonathan Steinberg, D-Westport, is convinced the legislature will approve significant PFAS bills this coming session. “I don’t think this is all going to be done by executive order,” Steinberg said.
Steinberg and the co-chair of the legislature’s Environment Committee, Sen. Christine Cohen, D-Guilford, said both their committees expect to be acting on PFAS-related bills in 2020.
Why does the General Assembly need to act on PFAS now?
There are growing concerns across the nation about how PFAS chemicals can impact public health and the environment. Research indicates that even tiny amounts of these compounds in drinking water can lead to various types of cancer, immune system and childhood development problems, high cholesterol, diabetes and other serious health issues.
PFAS compounds have been used in all kinds of industrial processes and consumer products, including cosmetics, stain-resistant carpeting and furniture, food packaging, microwave popcorn bags, pizza boxes and rainwear.
Connecticut officials and activists say the federal government has delayed serious action on PFAS for years, forcing states to set their own PFAS controls and safety levels. “Given the long time frame for future federal regulations governing PFAS exposure, use and disposal, state leadership in this regard is crucial,” Gov. Lamont’s special task force stated in its November 2019 report.
A key issue is whether Connecticut should follow the lead of many other states and pass safety standards for these chemicals that are far tougher than the recommendations of the U.S. Environmental Protection Agency.
“This is one of those things we have to take on and just do it,” said state Rep. Jane Garibay, D-Windsor. “There’s no time left.”
Does the General Assembly need to set new PFAS standards for safe drinking water?
No. The state task force recommended that the legislature create a new commission with authority to set those types of safety standards for PFAS and any other emerging contaminants.
The EPA’s recommended safety level is no more than 70 parts per trillion of PFAS compounds in drinking water. Various states have set 20 parts per trillion or lower as safer standards for these chemicals. Some scientists and environmental groups say the limit should be no more than one part per trillion for drinking water.
Will lawmakers take action to ban the kind of PFAS firefighting foam that got into the Farmington River?
It’s likely there will be legislation to at least restrict the use of PFAS firefighting foam wherever possible, such as in training exercises. “Certainly, firefighting foam is on the agenda,” Steinberg said.
Anne Hulick, head of the Connecticut chapter of Clean Water Action, said her organization is going to be seeking legislation for “getting a date certain” for restrictions on the use of PFAS firefighting foam.
Garibay said lawmakers need to look closely at alternatives to the current PFAS foam, which is so effective at putting out chemical and fuel fires. Federal aviation regulators require the use of PFAS firefighting foam at all airports.
But firefighter organizations in Connecticut are supporting efforts to find effective alternatives because of the health risks of using the potentially toxic foam.
Is dealing with PFAS pollution going to add to Connecticut’s state budget problems?
Anne Hulick, head of the Connecticut Clean Water Action group, has said state officials are estimating they will need at least $1 million in 2020 to start the widespread testing for PFAS contamination in this state. The task force has recommended testing of drinking water supplies, around closed landfills, and near airports and factory sites where these chemicals have been used for decades to fight fires and in industrial processes.
“A million dollars, that wouldn’t surprise me,” Garibay said. “To me, it’s a start.”
“Money is always a serious issue,” Steinberg said. “But I think there’s a good shot, depending on how much you’re talking about, to get an appropriation through.”
How much money will be made available for PFAS testing and cleanup may depend on whether Lamont is willing to push for substantial funding for this pollution issue.
Gregory B. Hladky can be reached at ghladky@courant.com.