By now, most have heard mention of “forever chemicals,” referencing per- and polyfluoroalkyl substances, or PFAS. But PFAS are not the first class of chemicals to hold this title. Almost a century ago, the United States first began releasing the original forever chemicals: polychlorinated biphenyls.
Polychlorinated biphenyls, known as PCBs, are a class of synthetic organic chemicals widely manufactured from the 1930s until their federal ban in 1979. Their chemical structure makes them stable and resistant to degradation, and thus, persistent and ubiquitous in the environment. The health impacts from exposure to PCBs are equally concerning, with serious adverse effects in human immune, reproductive, nervous, and endocrine systems. PCBs also have a long regulatory history—a history that could serve as an example to guide the management of emerging persistent pollutants, such as PFAS.
Not long after their commercial introduction, reports of PCB toxicity in laboratory animals began circulating. By the late 1930s and early 1940s, harmful effects on factory workers exposed to PCBs were documented. Throughout the 1950s and ’60s, research continued to mount— not only about the harm to individuals directly in contact with the chemicals, but also about the harm to consumers and wildlife.
In 1971—four decades after initial health concerns were raised—the Food and Drug Administration conducted a national survey to assess the levels and sources of PCBs in the environment, and an Interdepartmental Task Force on PCBs was created. That same year, President Richard Nixon introduced the Toxic Substance Control Act (TSCA) to the 92nd Congress. Wisconsin Senator Gaylord Nelson was instrumental in assuring that PCBs were included in the Act. When President Nixon’s initial draft did not include mention of the chemicals, Senator Nelson re-posted an earlier amendment with an explicit provision directing the Environmental Protection Agency (EPA) to regulate PCBs.
It took five years after introduction for Congress to pass the TSCA in 1976, and another three years before the manufacture and distribution of PCBs were banned in 1979. However, while Congress stalled, Wisconsin acted. The Wisconsin Department of Natural Resources (DNR) banned the production and sale of PCBs two years before the federal law took effect and Wisconsin was viewed as a national leader in the environmental and public health movement.
We can do the same—nay, better—with PFAS. PFAS are also a class of synthetic organic chemicals that are used widely and do not break down easily in the environment. Despite their commercial use since the 1950s, awareness of their risks lagged. Occupational studies in the 1970s detected PFAS in exposed factory workers, and by the 1990s, PFAS were found in the general population. However, it was not until the early 2000s that analytical methods improved enough to detect PFAS at levels linked to human health risks.
In 2009, the EPA first issued provisional health advisories for two widely studied PFAS compounds: PFOA and PFOS. In 2016, the EPA issued a lifetime health advisory for each. These were updated in 2022, including the addition of two new compounds: PFBS and HFPO-DA along with its ammonium salt (known as GenX chemicals). While there have been ongoing manufacturing, use, exposure, and public health data collection efforts since, legally enforceable Maximum Contaminant Levels (MCLs) in drinking water were not established until 2024 under the final National Primary Drinking Water Regulation. These levels were set at four parts per trillion (ppt) for PFOA and PFOS and 10 ppt for three other PFAS.
In Wisconsin, the MCL in drinking water for PFOA and PFOS is still set at 70 ppt, far weaker than the national standards. Though there have been other regulatory advancements—including the designation of PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act and a New Use Rule that prevents the manufacture or processing of certain PFAS without EPA approval—the drinking water MCLs are the only legally enforceable federal health-based standard for PFAS that we have in the United States. This is despite recent studies linking exposure to thyroid disease, immune system disruption, increased risk of cancer, and more. And these standards have been challenged and are currently subject to ongoing litigation (see American Water Works Association, et al. v. U.S. Environmental Protection Agency, 2024).
The expansion of PFAS, just like PCBs, is taking place regardless of a growing body of observational and scientific data pointing to the dangers of these chemicals. It took almost 50 years to ban the manufacture and distribution of PCBs in the United States, and federal and state agencies are still managing their impacts today, 95 years later. We do not have to repeat that history with PFAS. It has been 25 years since the adverse human health impacts of PFAS exposure were first documented. The second-best time to act is now.
Members of the Wisconsin Legislature have been introducing bills to address PFAS contamination since the 2019-2020 legislative session, and the Governor has been including appropriations in the Biennial Budget for PFAS-related expenses since 2021. The Legislature and Governor want the same things: to physically and financially protect their constituents, and to hold responsible parties accountable in an appropriate way. The Wisconsin state government is in a position to do that in the form of updated drinking water standards, the establishment of groundwater standards, and the release of funds to aid in addressing PFAS contamination, including disposal and cleanup. In the current political climate of such divide, our state has the opportunity to once again show up as a national leader in bipartisan environmental and public health efforts. On, Wisconsin!
