In 2018, Ann Arbor’s drinking water was affected by the PFAS contamination in Norton Creek, a creek flowing into Huron River. Fish and surface water were identified with 5,500 ppts of a common PFAS type, PFOS. As a result, citizens were cautioned not to consume fish, although this action seems pointless since at least 85% of the city’s drinking water supply is acquired from Huron River.
Based on the recent data collected by the Environmental Working Group (EWG) from 2013 to 2014, Michigan yielded 104 contaminants from 1,391 water utilities across the state. The list of contaminants included PFOS and PFOAs found in 80 to 111 utilities. These drinking water suppliers served approximately 7,317,000 people, with Ann Arbor contributing 118,017 of the total number.
Per- and poly-fluoroalkyl substances, commonly known as PFAS, are tightly bonded man-made chemicals. These substances offer grease-, water-, stain- and heat-resistant properties, which are essential to everyday household products (e.g., furniture, non-stick cookware, cosmetics), construction materials (e.g., paint, concrete sealers), and military or firefighting equipment (e.g., turnout gears, firefighting foams, submarines, automobile). It was widely used in different fields due to its promising qualities. Even so, despite the convenience it gives to society, it was proven to be a carcinogenic substance that can cause severe health conditions to constantly exposed individuals.
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The relation of duration, frequency, and dose from PFAS exposure to the health effects a person can face is still unknown. However, patients reportedly presented pregnancy complications, decreased birth weight, developmental delays, high cholesterol levels, liver damage, low antibody response from vaccines, or kidney and testicular cancer. PFAS, because of its resistance, the “forever chemical” does not naturally decompose. As such, soil, air, and water are vulnerable to contamination and can reach communities and wildlife. Ann Arbor’s water source predominantly comes from surface water, so supplies are more susceptible to PFAS as it will be transported through rainwater and absorbed by the soil.
In 2019, the Michigan Department of Environment spearheaded newly established Maximum Contaminant Levels (MCLs) and sampling provisions for drinking water to reduce the locale’s exposure to toxins through ingestion. The essence of this action is headed towards the right path, but taking into account the confirmed 8,865 sites all across 50 states suffering from the same substance, this method of approach will not meet the increasing cases of PFAS contaminations in the United States. It will further delay the necessary regulation advancements integral to protecting the general public.
S.1430, or the Water Systems PFAS Liability Protection Act, is expected to exempt water supply providers from legal disputes due to unforeseen PFAS contamination as long as they have complied with the standard drinking water regulations. This protects suppliers and ratepayers from small communities from the unforeseen issues brought by PFAS. Although the general concept of this legislation is aimed to prevent the general public from shouldering the problem of PFAS in water supplies, it still does not cover the factors needed to address and enforce harsh consequences for PFAS polluters properly.
At the end of the day, citizens of the community are still negatively affected by PFAS, and enterprises that continue to contaminate the environment face no legal punishment. If the said legislation is passed, although it might open doors for PFAS-related regulations, one of the root causes of the crisis will not be shed light and will continue to be disregarded by policymakers.
About the author
Stan Gottfredson is the President and Chief Financial Officer at Atraxia Law, a firm based in San Diego, California. Atraxia Law is focused on supporting and representing victims of toxic exposure.
