New U.S. Chamber of Commerce Report Examines Impacts of Widespread PFAS Bans on the Economy and Daily American Lives

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Debates about the health and environmental effects of PFAS are raging, but the societal value of these substances – particularly so-called “fluoropolymers” – has become increasingly clear. Most recently, the U.S. Chamber of Commerce released a study that establishes how bans and other government procurement restrictions on PFAS, including essential fluorochemistries, will significantly impact the U.S. economy.

PFAS (technically, polyfluoroalkyl substances) is an acronym for a broad class of fluorine-based, man-made chemistries that, depending on the definition, contain at least one fully fluorinated carbon atom. There are over 10,000 substances that meet this definition, yet relatively few have been studied with any level of scientific rigor. The two most well-known PFAS are PFOA and PFOS. Although the sufficiency of the evidence relating to the alleged impact that these two substances have on the environment and human health remains the subject of intense debate, PFOA and PFOS have largely become a proxy for the entire class of PFAS, fueling cries to ban the manufacture, use, and importation of all fluorochemistries.

According to the August 15 study by the Chamber of Commerce, widespread bans on fluorochemistries, including PFAS, would significantly impact seven critical sectors of the U.S. economy: specifically aerospace manufacturing, defense equipment and systems, healthcare, energy, mobility, semiconductors, and data centers. Fluorochemistries are indispensable within each of these sectors because of their critical properties that make them durable, efficient, reliable, and, at times, irreplaceable.

The Chamber of Commerce report highlights the essential uses, economic significance, and societal benefits of fluorochemistries. For instance, in aerospace manufacturing, fluorochemistries are used in such critical components as hydraulic systems, wiring, seals, gaskets, insulation, and fire suppression systems. The defense sector utilizes fluorochemistries in mission-critical applications, such as missile systems, radar systems, vehicles, and personal protective equipment (PPE) to guard against chemical and biological threats. Fluoropolymers and fluorinated gases are also vital to the healthcare sector, especially in the manufacture of medical devices, medical technologies, diagnostic equipment, and packaging for pharmaceuticals. From medical devices, surgical knives, and catheters to medical wires, ventilators, and implants, fluorochemistries are essential in providing sterile and protective patient care paramount to providing life-saving services.

In the energy sector, essential fluorochemistries are used in solar panels, wind turbines, battery energy storage systems, and lithium-ion batteries—all critical to advancing the energy transition. Fluoropolymers are also essential to the performance of automobiles and heavy trucks, often utilized in various supporting applications, including automotive lubricants and fuel hoses, air conditioning systems, electronics (including semiconductors), and electric vehicle (EV) batteries. The manufacture of semiconductors—a leading U.S. export in the electronic products category—relies heavily on fluorochemistries because of their inertness, low flammability, temperature stability, durability, and cleanliness. In addition, the low global warming potential of fluorine gases renders them optimal for large-scale temperature control and fire suppression systems in connection with data centers across the U.S. that play a critical role in today’s digitally connected society. Significantly, there are currently no feasible alternatives to or replacements for many of the essential fluorochemistries used in these industries.

According to the study, these sectors account for over 6 million jobs, contribute over $2.4 trillion in output to the U.S. economy, and support nearly $1 trillion in U.S. GDP. A broad ban on all fluorochemistries, according to Marty Durbin, senior vice president of policy at the Chamber of Commerce, would cause “severely negative consequences” for the American economy. This is consistent with the findings of an August 2023 U.S. Department of Defense study, “Report on Critical Per- and Polyfluoroalkyl Substance Uses,” which reviewed the national security uses of PFAS and found that “[l]osing access to PFAS due to overly broad regulations or severe market contractions would greatly impact national security and DoD’s ability to fulfill its mission, and impact domestic defense industrial base manufacturing and supply.” The study concluded that “[i]t is critical that future laws and regulations consider and balance the range of environmental and health risks associated with different individual PFAS, their essentiality to the U.S. economy and society, and the availability of viable alternatives.”

The recent studies by the Chamber of Commerce and DoD underscore the crucial role that PFAS, particularly fluoropolymers, play in various industries essential to national security, safety, infrastructure, and the domestic economy. Policymakers at every level—federal, state, and local—should focus on PFAS measures that are based in science, taking into account the specific chemistries and behaviors of various PFAS substances. Restrictions should be tailored to further environmental and health goals without compromising entire industries by stripping critical functions served by fluoropolymers and other PFAS.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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