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WHEN DuPont agreed
to pay more than $100 million last fall to settle a lawsuit
contending that its factory near Parkersburg , W. Va. ,
had fouled local supplies of drinking water, some investors
hoped to close the book on pollution caused by an important
ingredient used in processing Teflon.
But
that was before a group of scientists advising the Environmental
Protection Agency determined earlier this month that
the ingredient, perfluorooctanoic acid, also known as
PFOA or C8, was a "likely carcinogen," or
cancer-causing agent. That finding could compel the E.P.A.
to formally regulate the chemical.
It could also complicate DuPont's position in two matters:
a criminal investigation into whether it hid tests showing
a public health threat, and a class-action suit filed last
week on behalf of people who bought Teflon-coated cookware.
There is no hard evidence that Teflon-coated cookware
- or any other products that incorporate Teflon, from clothing
to cleansers to fast-food packaging - poses the same threat
as PFOA. For its part, DuPont has long maintained that
there is no evidence that either Teflon or PFOA pose a
serious threat.
Still, increased regulation or a successful class-action
suit would be a heavy blow to one of DuPont's most successful
and profitable businesses. According to the suit, which
was filed in several states by two Florida law firms,
DuPont nets an estimated $200 million in profit a year
from sales of Teflon. The scientific panel's finding
could also be bad news for the chemical industry in general
if it fuels debate over the use of chemicals in industrial
and consumer products, and their potential link to diseases
like cancer and to reproductive disorders.
Such concerns have prompted the European Union and Canada
to tighten controls on chemical use and labeling. The United
States has not taken such steps, in part because the chemical
industry offered in the late 1990's to start a voluntary
testing program for chemicals produced in volumes of one
million pounds or more a year.
This month, the Government Accountability Office criticized
the E.P.A.'s ability to ensure that tens of thousands of
chemicals in commercial use - and new agents introduced
at the rate of about 700 a year - did not pose a health
risk. It said the E.P.A., which has used its authority
to request health data on fewer than 200 chemicals since
1979, should have more authority.
Senator Frank R. Lautenberg, Democrat of New Jersey, has
lined up six co-sponsors for legislation that would expand
the agency's powers and require manufacturers to test their
chemicals for health risks.
DuPont
has objected to the characterization of PFOA as a likely
carcinogen, and said initial results from its study of
1,000 workers at its Teflon factory had found no adverse
health effect, aside from higher cholesterol in some
people. The company, which says PFOA itself is not found
in Teflon cookware, added that it intends to vigorously
defend itself in the class-action suit. "DuPont
believes consumers using products sold under the Teflon
brand are safe," said R. Clifton Webb, a DuPont spokesman.
Critics point to PFOA as an example of the need to change
how chemicals are regulated. In the 50 years that Teflon
has been made, for example, little has been done to assess
whether it affects human health - even though the chemical
is present in the blood of more than 90 percent of Americans,
according to samples taken from blood banks by the 3M Company
beginning in the mid-90's.
Chemical makers are not required to test their compounds
for toxicity before asking the E.P.A. to clear them for
sale, and the agency said that most companies did not test
voluntarily. The E.P.A. relies instead on methods, like
computer modeling, to prevent harmful compounds from entering
the market. Even that screening, however, does not include
chemicals that were already in use when Congress passed
the Toxic Substances Control Act, the E.P.A.'s main tool
for policing industrial chemicals, in 1979.
"The system does not work, and our blood and bodies
and tissues are proof," said David M. Ozonoff, a professor
of environmental health at Boston University 's School
of Public Health .
Researchers are starting to look harder at how far PFOA
has spread. The Centers for Disease Control and Prevention
plans to include it and related chemicals in a nationwide
survey of chemical exposure next year, and DuPont is paying
for tests of people near its factory as part of the settlement.
The E.P.A. is studying why PFOA is so pervasive and whether
it is harmful.
Even if PFOA were shown to cause cancer or some other
illness, it would not be easy to ban. Asbestos provides
some insight into how difficult it can be to ban a commonly
used substance, even when there is evidence of risk. The
E.P.A. banned asbestos in 1989 after reviewing more than
100 studies over 10 years and concluding that the substance
was a potential carcinogen at all levels of exposure. But
in 1991, a federal appeals court overturned parts of the
rule, saying that there was not enough evidence; some products
were no longer banned, but manufacturers took many of them
off the market anyway.
Some public health and environmental activists say PFOA
could be the next test case. These critics say that PFOA
does not break down in the environment or in the bloodstream,
and some studies have found that elevated levels of PFOA
coincide with some cancers and birth defects.
"It's been produced for 50 years," said Jane
Houlihan, vice president of the Environmental Working Group,
an environmental organization based in Washington that
has been a leading critic of DuPont. "Why only now
are we studying it? That is a system that's completely
backwards."
If the E.P.A. were to take action against PFOA, it would
be the first major regulation of a chemical in more than
15 years. Of the more than 80,000 chemicals that have been
in commercial use since World War II, just five types are
regulated: PCB's, halogenated chlorofluoroalkanes, dioxin,
asbestos and hexavalent chromium.
One company, 3M, has voluntarily discontinued making another
member of the perfluorochemical family, PFOS, a chemical
that some European countries may ban. |