Public Citizen Testimony in Support of HB 1730 — Study of PFAS
Public Citizen Testimony in Support of HB 1730 -- Study of PFAS
To: Chairman Brooks Landgraf and the Members of the House Committee on Environmental Regulation
CC: Vice-Chair Claudia Ordaz, Rep. Rafael Anchía, Rep. Keith Bell, Rep. Ben Bumgarner, Rep. Penny Morales Shaw, Rep. Tom Oliverson, Rep. Ron Reynolds, Rep. Steve Toth
Via hand delivery and by email.
From: Sonia Joshi (sjoshi@citizen.org) and Adrian Shelley (ashelley@citizen.org) Public Citizen, 512-477-1155
Re: HB 1730, PFAS study – Public Citizen testimony in support
Dear Chairman Landgraf and Members of the Committee:
On behalf of 30,000 members and supporters in Texas, Public Citizen appreciates the opportunity to testify in support of HB 1730, relating to a study regarding the effects of perfluoroalkyl and polyfluoroalkyl chemicals on public health. We support this bill because, although PFAS is widely used throughout Texas, its health effects on people in the state are poorly understood.
PFAS in drinking water has already been linked to cancer in the United States
Per- and polyfluoroalkyl substances (PFAS) are very toxic chemicals with multiple negative health effects, including cancer and thyroid problems as well as hormonal imbalances.c 1 From the report, “Among males, PFAS was associated with cancers in the urinary, brain, leukemia, and soft tissues. Among females, PFAS was associated with cancers in the thyroid, oral cavity/pharynx, and soft tissue.”
PFAS has seriously contaminated the water in Johnson County
In Johnson County, fertilizers made from sewage contaminated with PFAS chemicals have caused serious problems for ranchers.2 Animals have died, and affected landowners have sued both the manufacturer and distributor of contaminated fertilizers.
Texas Attorney General Ken Paxton is also suing.3 His lawsuit against 3M and DuPont alleges that these companies new and did nothing about the health effects of PFAS chemicals. As Paxton put it in a press release:4 These companies knew for decades that PFAS chemicals could cause serious harm to human health yet continued to advertise them as safe for household use around families and children.
PFAS “forever chemicals” persist in the environment
PFAS chemicals are sometimes referred to as “forever chemicals” because they do not break down in the environment. They have a unique chemical structure that makes them resistant to the natural degradation processes, so they accumulate in the environment. Evidence is shown through the usage of PFAS chemicals to fight chemical fires. PFAS chemicals were used in the March 2019 fire at the ITC facility in Deer Park; the chemicals were found in Galveston Bay months later and many miles downstream.5
The extent of PFAS chemical use in the oil and gas industry is unknown.
In February 2023 Physicians for Social Responsibility released a report, Fracking with “Forever Chemicals” in Texas about the use of PFAS chemicals in the oil and gas industry in Texas.6 Key findings from this report include:
- PFAS chemicals are used in fracking as “surfactants,” which reduce the surface tension of liquids. Soap is a common surfactant.
- A PFAS known as PTFE/Teflon was used in oil and gas extraction in Texas over the past decade in at least 1,625 oil and gas wells in 73 counties.
- A PFAS and potential fluorosurfactant called fluoroalkyl alcohol substituted polyethylene glycol was used in at least 65 wells between 2013 and 2022.
- PFAS chemicals used in fracking may enter groundwater, surface water, or air. Wastewater containing PFAS chemicals may be disposed of in injection wells or by land application.
- In Texas, trade secret exemptions mean that the extent of PFAS use in fracking is unknown. Between 2013 and 2021, 6.1 billion pounds of trade secret chemicals were used in 58,199 oil and gas wells in 183 counties.
- If a landowner suspects contamination, but does not know what chemicals to test for, they are unlikely to test for or discover PFAS chemical contamination.
Some states have already acted to limit or ban PFAS use in fracking.
Many states have already begun to limit PFAS usage in fracking. Colorado is the first state to ban PFAS chemicals in fracking. The ban went into effect on Jan. 1, 2024.7 Two states require public disclosure of all drilling chemicals used in oil and gas production: Ohio and Colorado. These requirements apply to all chemicals, not just PFAS, and all oil and gas activity, not just fracking. Several other states require disclosure of each chemical used prior to fracking including California, West Virginia, and Wyoming.
We ask you to support HB 1730 because it will conduct a much needed health-effects study of PFAS chemical use in Texas.