E.P.A. Approved Toxic Chemicals for Fracking a Decade Ago, New Files Show

A class of man-made chemicals that are toxic even in minuscule concentrations, for decades PFAS were used to make products like nonstick pans, stain-resistant carpeting and firefighting foam. The substances have come under scrutiny in recent years for their tendency to persist in the environment, and to accumulate inside the human body, as well as for their links to health problems like cancer and birth defects. Both Congress and the Biden administration have moved to better regulate PFAS, which contaminate the drinking water of as many as 80 million Americans.

Industry researchers have long been aware of their toxicity. But it wasn’t until the early 2000s, when the environmental attorney Rob Bilott sued Dupont for pollution from its Teflon plant in Parkersburg, W.Va., that the dangers of PFAS started to be widely known.

Kevin A. Schug, a professor of analytical Chemistry at the University of Texas at Arlington, said the chemicals identified in the FracFocus database fell into the PFAS group of compounds, although he added that there was not enough information to make a direct link between the chemicals in the database to the ones approved by the E.P.A. Still, he said it was clear “that the approved polymer, if and when it breaks down in the environment, will break down into PFAS.”

The findings underscore how, for decades, the nation’s laws governing various chemicals have allowed thousands of substances to go into commercial use with relatively little testing. The E.P.A.’s assessment was carried out under the 1976 Toxic Substances Control Act, which authorizes the agency to review and regulate new chemicals before they are manufactured or distributed.

But for years, that law had gaps that left Americans exposed to harmful chemicals, experts say. Furthermore, the Toxic Substances Control Act grandfathered in thousands of chemicals already in commercial use, including many PFAS chemicals. In 2016, Congress strengthened the law, bolstering the E.P.A.’s authority to order health testing, among other measures. The Government Accountability Office, the watchdog arm of Congress, still identifies the Toxic Substances Control Act as a program with one of the highest risks of abuse and mismanagement.

In recent days, whistle-blowers have alleged in the Intercept that the E.P.A. office in charge of reviewing toxic chemicals tampered with the assessments of dozens of chemicals to make them appear safer. E.P.A. scientists evaluating new chemicals “are the last line of defense between harmful — even deadly — chemicals and their introduction into U.S. commerce, and this line of defense is struggling to maintain its integrity,” the whistle-blowers said in their disclosure, which was released by Public Employees for Environmental Responsibility, a Maryland-based nonprofit group.

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