You might have heard that a new law recently went into effect in Washington, banning certain packaging and food service products if they contain added per- and polyfluoroalkyl substances (PFAS). These products include bags and sleeves, bowls, flat serviceware including items like plates and trays, open-top containers like French fry cartons and food cups, and closed containers like clamshells. Wraps, plates, food boats, and pizza boxes must already be PFAS-free in Washington.
Then, just this month, Seattle-Tacoma International Airport announced that it would become one of the first airports in the U.S. to transition to PFAS-free firefighting foam.
PFAS are in the news, but what is this class of chemicals and why should we be concerned about it?
What are PFAS?
Per- and Polyfluoroalkyl substances (PFAS) are a type of manufactured chemical frequently used in consumer and industrial products. They can be found in nonstick cookware, furniture, fire-fighting foam, waterproof clothing and more, and are called “forever chemicals” because they break down very slowly in the environment. PFAS can also accumulate in humans and wildlife, due to repeat exposure. The Center for Disease Control says that most people in the United States have PFAS in their blood.
Are PFAS Harmful?
Research into PFAS and human health is hampered by the sheer number of chemicals in this group. According the National Institute of Environmental Health Sciences (NIEHS), research to date has linked PFAS exposure to altered metabolism, increased risk of some cancers, and immune system disfunction. Two types of PFAS, PFOA and PFOS, have been conclusively shown to suppress antibody response and are a hazard to immune system function.
Exposure to PFAS differs based on drinking water supply, occupation, and other factors, making it an environmental justice issue and a labor issue. The United States Geological Survey (USGS) completed a first-of-its-kind study in 2023 when it tested for and compared PFAS in tap water from both private and government-regulated public water supplies across the nation. USGS found that most exposure to PFAS in water supplies was in the Great Plains, Great Lakes, Eastern Seaboard, and Central/Southern California regions, in line with previous research showing that urban areas have a higher likelihood of exposure.
A study by Toxic Free Future (TFF), the University of Washington, and Indiana University found PFAS in 100% of the breastmilk samples taken from 50 parents around Seattle.
PFAS and Firefighting Foam
According to the Washington State Department of Ecology (Ecology), the use of aqueous film-forming foam (AFFF), a common type of fire suppressant, is largely responsible for PFAS contamination in drinking water. In 2018, Washington became the first state in the nation to place restrictions on PFAS in firefighting foam, when the legislature passed the Firefighting Agents and Equipment law. This law bans the use of AFFF for fire training and restricts the manufacturing and distributing of AFFF in Washington, with a few exceptions.
The military, petroleum refineries and terminals, certain chemical plants, and certain airports remain exempt from these restrictions. AFFF was only banned in the use of fire training, and it may still be used in Washington for real fires and emergencies involving flammable liquid.
Because airports are exempt from these restrictions, TFF and their partners successfully lobbied Congress to direct the Federal Aviation Administration to allow airports to use PFAS-free firefighting foam. Congress also directed the military to phase out foam with PFAS. SeaTac will become one of the first airports in the U.S. to transition away from PFAS in firefighting foam.
PFAS in Washington State
Washington currently regulates five PFAS chemicals. In 2022, Governor Inslee signed HB 1694 into law to address PFAS in apparel, cosmetics, and more by 2025.
In early 2024, Crosscut reported that a Washington State Department of Health (DOH) study found 30 public water utility sites across the state with PFAS contamination higher than the state action level. Utilities must form a plan to remove or treat the source if possible. Ecology and DOH are tasked with estimating the cost of statewide cleanup—with a report due to the legislature at the end of this year—projected to be in the billions of dollars.
In April, Crosscut went on to report on new nationwide maximums for PFAS, which are more stringent than the 2021 limits adopted by the Washington State Board of Health. Washingtonians can expect the State Board of Health to take up to two years to adopt the new, lower limits.
Most recently, Ecology released a report to the legislature proposing new PFAS restrictions and final regulatory actions on certain product categories. The agency evaluated 10 product categories, including cleaning products, cookwear, and apparel. After finding safer alternatives for cleaning products and apparel, Ecology is moving forward with regulations to ban PFAS in these two categories.
Cheri Peele, senior project manager for Toxic Free Future said in a statement, “With PFAS present in the blood of almost all Americans, Ecology’s new, additional restrictions are urgently needed. Alongside restrictions, Washington is the only state evaluating safer solutions to PFAS in products. […] At the same time, it is very disappointing that the agency failed to ban PFAS in all of the categories, especially those, like cookware, where safer alternatives clearly exist.”
PFAS and Federal Regulations
This year, the Environmental Protection Agency (EPA) released the first-ever national, legally enforceable standards for several PFAS. These include PFOA, PFOS, PFNA, PFHxS, and HFPO-DA (also known as “GenX Chemicals”). The rule also sets a limit for mixtures of any two or more of four PFAS: PFNA, PFHxS, PFBS, and “GenX chemicals.
EPA is setting enforceable Maximum Contaminant Levels at 4.0 parts per trillion for PFOA and PFOS, individually, with a goal of zero. This standard was based on reducing levels in drinking water to the lowest level feasible for implementation. PFNA, PFHxS, and “GenX Chemicals” MCLs were set at 10 parts per trillion.
Learn more about how EPA regulates drinking water, here.
Learn more about PFAS in Toxic Free Future’s in-depth report, “Path of Toxic Pollution. This report traces American-made PFAS in food packaging back to one source, the manufacturing company Daikin America, which manufactures in Decatur, Alabama.
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