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Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
New reporting shows the EPA was warned over 20 years ago that sewage sludge contained high levels of so-called "forever chemicals."
The U.S. Environmental Protection Agency continues to promote a commonly used commercial fertilizer despite being informed over 20 years ago that its key component contained high levels of so-called "forever chemicals," a New York Times investigation revealed Friday.
The
Times' Hiroko Tabuchi reviewed thousands of pages of decades-old documents and found that scientists at chemical giant 3M discovered high levels of per- and polyfluoroalkyl substances (PFAS) in U.S. sewage during the early 2000s. Sewage sludge is in widespread use as farm fertilizer. PFAS are called forever chemicals because they do not biodegrade and accumulate in the environment and the human body. They have myriad uses, from nonstick cookware and waterproof clothing to firefighting foam and pesticides.
Officials at 3M—whose researchers had already linked PFAS to cancer, birth defects, and other ailments—informed the Environmental Protection Agency (EPA) of its findings in 2003.
"The EPA continues to promote sewage sludge as fertilizer and doesn't require testing for PFAS."
However, as Tabuchi noted, "the EPA continues to promote sewage sludge as fertilizer and doesn't require testing for PFAS, despite the fact that whistleblowers, academics, state officials, and the agency's internal studies over the years have also raised contamination concerns."
According to the U.S. Agency for Toxic Substances and Disease Registry, PFAS are linked to cancers of the kidneys and testicles, low infant weight, suppressed immune function, and other adverse health effects. They are found in the blood of around 99% of people around the world. EPA data show there's PFAS in the drinking water of tens of millions of Americans.
According to Tabuchi, EPA experts raised concerns about PFAS as far back as the 1990s, but their warnings went unheeded.
The
Times investigation follows reporting earlier this month led by Prism's Rebecca Barglowski showing that EPA and state officials in New Jersey have known about PFAS-contaminated water for nearly two decades.
Tabuchi noted that "the country is starting to wake up to the consequences" of PFAS' ubiquity. However, only one state—Maine—has begun systematically testing farms for PFAS. It has also banned the use of sewage sludge to fertilize fields.
At the federal level, the Biden administration in 2021 published its first "PFAS Strategic Roadmap" and designated forever chemicals "an urgent public health and environmental issue." Earlier this year, the EPA finalized a new Superfund rule meant to "help ensure that polluters pay to clean up their contamination" across the nation.
However, the chemical industry is fighting efforts to tackle PFAS, including through the use of research experts have called biased. Experts have also warned that the incoming administration of Republican President-elect Donald Trump will roll back Biden-era regulations, disempower agency specialists, and let political appointees make crucial regulatory decisions.
Even under Biden, the EPA is arguing that it cannot be sued for taking inadequate action to protect the public from PFAS contamination.
In June, Public Employees for Environmental Responsibility (PEER)
sued the EPA on behalf of a group of farmers, ranchers, and green groups "for failing to perform its nondiscretionary duty to identify and regulate toxic pollutants in sewage sludge" used as fertilizer. In September, the EPA moved to dismiss the lawsuit, arguing that it has complete discretion regarding the identification and listing of pollutants.
"EPA seems to have lost any sense of its legal and moral obligation to protect public health," attorney and former EPA scientist Kyla Bennett said at the time. "Under the plain language of the Clean Water Act, EPA has a mandatory duty to identify and regulate substances that are a threat to human health and the environment—not just to issue a report about it."
The petrochemical industry has brought us together in a perverse solidarity, having chemically trespassed into places all over the world.
Forty years ago this month, a Union Carbide pesticide factory in Bhopal, India sprung a toxic gas leak, exposing half a million people to toxic fumes. Thousands of people lost their lives in the immediate aftermath, with the death toll climbing to more than 20,000 over the next two decades. Countless others, including children of survivors, continue to endure chronic health issues.
In the United States, the events in Bhopal ignited a grassroots movement to expose and address the toxic chemicals in our water, air, and neighborhoods. In 1986, just two years after the disaster, this growing awareness led Congress to pass the first National Right to Know Act, which requires companies to publicly disclose their use of many toxic chemicals.
In India, Bhopal victims have had a long struggle for justice. In 1989, survivors flew to a Union Carbide shareholders meeting in Houston to protest the inadequate compensation for the trauma they’d suffered. The settlement awarded each Bhopal victim was a mere $500—which a spokesperson for Dow Chemical, Union Carbide’s parent company, called “plenty good for an Indian.”
We can take inspiration from the people of Bhopal, whose fierce commitment to health and justice sparked a global movement.
Union Carbide had the survivors arrested before they could enter the meeting. Meanwhile, their abandoned chemical factory was still leaking toxic chemicals into the surrounding neighborhoods and drinking water.
Nevertheless, Bhopal survivors never stopped fighting. They opened a free clinic to treat the intergenerational health effects caused by the disaster. They marched 500 miles between Bhopal and New Delhi. They staged hunger strikes. They created memorials to the disaster and established a museum to ensure that the horrors of their collective past are not forgotten.
The survivors even obtained an extradition order for Union Carbide’s former CEO, Warren Anderson, but the U.S. government never acted on that request. Forty years later, the factory in Bhopal has never been properly cleaned and is still leaking poison.
Unfortunately, the kinds of chemicals that flow through the veins of Bhopal survivors also flow through ours. The petrochemical industry has brought us together in a perverse solidarity, having chemically trespassed into places all over the world.
According to one figure, Americans are exposed to dangerous chemical fires, leaks, and explosions about once every two days. In one dramatic example in early 2023, a rail tanker filled with vinyl chloride derailed in East Palestine, Ohio, forcing the evacuation of 2,000 residents.
Nearly all Americans now carry toxic substances known as PFAS in our bodies. These have been linked to cancer, liver and kidney disease, and immune dysfunction. And the continued burning of fossil fuels is killing millions of people each year around the world through air pollution.
Petrochemical and fossil fuel companies know they can only survive if they avoid liability for the damage they are doing to our health and the planet’s ecosystems. That’s why they are heavily invested in lobbying to prevent any such accountability.
Polluting industries are certain to have strong allies in the coming Trump administration, which plans to open even more land to fossil fuel production and, under the blueprint for conservative governance known as Project 2025, to slash environmental and public health regulations. But we can take inspiration from the people of Bhopal, whose fierce commitment to health and justice sparked a global movement.
Earlier this month, on the 40th anniversary of the Bhopal disaster, congressional allies of this movement including U.S. Sen. Jeff Merkley (D-Ore.) and U.S. Reps. Pramila Jayapal (D-Wash.) and Rashida Tlaib (D-Mich.), introduced a resolution designating December 3 as National Chemical Disaster Awareness Day.
“Chemical disasters are often the result of corporations cutting corners and prioritizing profits over safety,” said Merkley, who chairs the U.S. Senate Environment and Public Works subcommittee. “These catastrophes cloud communities with toxic fumes, upending lives and threatening the health and property of those living and working close by.” He called for “stronger laws to prevent chemical disasters and keep our communities and workers safe.”
This growing global alliance, which has been called the largest movement for environmental health and justice in history, is fighting for a future in which everyone has the right to live in a healthy environment. It’s a movement that unites us all. Because in many ways, we all live in Bhopal now.
The nation’s largest dollar stores continually fail to meaningfully strengthen their chemical policies and intervene in their supply chains to keep their shoppers safe.
When shopping for the holidays, most people reasonably assume that products sold in major American retail stores are free of toxic chemicals. After all, harmful substances like lead and mercury have no place in the shopping cart, and regulations must prevent this kind of dangerous exposure, right?
Unfortunately, this is not the case. A recent study revealed that over half of the items tested on dollar stores’ shelves contained toxic chemicals. This includes lead foundin tablecloths, jewelry, and baby toys with known links to brain development harm; phthalates in school supplies, silly straws, and bath toys with links to early puberty in girls, birth defects in the male reproductive system, obesity, and diabetes; BPA in receipts, cookware, and can linings that can affect the brain and prostate gland of fetuses, infants, and children; and PFAS—long-lasting synthetic chemicals—found in popcorn bags that can affect the immune system and liver function.
Just last month Toxic Free Future released their latest Retailer Report Card, which graded Dollar General with a D+ and Dollar Tree/Family Dollar with a D for safety, based on hazardous chemicals in their products, company commitment to transparency, a willingness to change, and how easily customers can tell what substances are on store items.
With the incoming presidential administration promising to slash health and safety rules, customers and communities will have even fewer protections.
But for many families, shopping elsewhere isn’t an option. Dollar stores are often the only retailers selling essential household goods, including food, in many rural towns and urban neighborhoods, leaving customers with nowhere else to go. Dollar stores are frequently located in communities that already face multiple health and environmental risk factors, such as industrial pollution from factories or deteriorated drinking water. This means a family’s exposure to chemicals via items purchased at dollar stores is part of accumulated exposures.
Dollar stores’ leadership has been aware for over a decade that their products contain lead, BPA, phthalates, and PFAS, jeopardizing customer health. During this time, environmental justice and public health groups nationwide have advocated for safer products. Investors in these companies have raised concerns directly with management and through shareholder resolutions. Yet, the problem persists. Even this year Dollar Tree knowingly kept lead-contaminated apple sauce on its shelves, putting children in harm’s way. The stores have taken only minimal actions to address a handful of chemicals in some product categories.
To say federal agencies tasked with regulating these products fall short would be an understatement. Many take a “graveyard approach,” acting only after someone has suffered a physical toll. The federal Toxic Substances Control Act is so weak that only a handful of chemicals have ever been restricted, while tens of thousands have been exempted or fast-tracked for approval. With the incoming presidential administration promising to slash health and safety rules, customers and communities will have even fewer protections.
With this lack of protective action on the part of state and federal regulators, we urge dollar stores to do the right thing. In 2023, Dollar General's net sales were over $38 billion, and Dollar Tree’s revenues were over $30 billion. They can afford to stop buying products from suppliers that use toxic chemicals and switch to readily available safer alternatives. Mike Creedon, interim chief executive officer for Dollar Tree, claims, “Safety First, Safety Always is the guiding mantra for our store.” But these are only words when there is no action.
Instead, the nation’s largest dollar stores continually fail to meaningfully strengthen their chemical policies and intervene in their supply chains to keep their shoppers safe. Dollar General failed to expand its list of 19 restricted substances. The list does not include PFAS, most phthalates, and many other chemicals known to cause harm. It also applies only to private-label products. Similarly, Dollar Tree has not publicly documented progress on reducing chemicals or plastics of high concern in the last four years and has made no indication of support for the development or sale of safer products.
Competitors, including Walmart, have already made this change. In 2022, the company disclosed that it removed 37 million pounds of phthalates from products in response to consumer demand, with publicly available corporate policies. Similarly, Apple recently received praise for removing harmful chemicals and plastics from its products and even committed to a Full Material Disclosure program which promises manufacturers full transparency on products’ material compositions. These transitions are increasingly mainstream, and dollar stores are falling further and further behind.
Every family has the right to feel safe while shopping, and with the holidays around the corner, this issue is even more important. Dollar stores should transparently report on their progress and work with their suppliers to prevent all known dangerous chemicals from being used to make products sold in stores. Until this happens, dollar stores are putting already vulnerable communities at risk. Safe alternatives exist, and the transition to non-toxic products is both feasible and cost-effective in the long run. Dollar stores must stop prioritizing profit over families. We refuse to be sacrificed for the bottom line.