Information Quality Act/PFAS: Public Employees for Environmental Responsibility Request for EPA Correction

Public Employees for Environmental Responsibility (“PEER”) submitted an October 29th letter to the United States Environmental Protection Agency (“EPA”) styled:

Demand for Correction under the Information Quality Act: 1) EPA Questions and Answers About TSCA; and 2) EPA Questions and Answers about Designation of PFOA and PFOS as Hazardous Substances under CERCLA.

PEER is submitting a Demand for Correction (“Demand”) pursuant to:

• Information Quality Act of 2000 (“IQA”).
• Office of Management and Budget (“OMB”) Guidelines for Ensuring and Maximizing the Quality, Utility, and Integrity of Information disseminated by Federal Agencies.
• Environmental Protection Agency’s (“EPA”) Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by the Environmental Protection Agency.

The Demand requests a retraction of two EPA publications containing alleged erroneous information about perfluorooctanoic acid (“PFOA”) on its website. The alleged incorrect information includes:

1. The first erroneous statement is found on, “EPA Questions and Answers About TSCA.” Specifically, it states: “Q8.[Is] … perfluorooctanoic acid (PFOA), and other long-chain PFASs still being manufactured or imported into United States? The manufacture and import of PFOA has also been phased out in United States as part of the PFOA Stewardship program. Existing stocks of PFOA might still be used and there might be PFOA in some imported articles."
2. The second erroneous statement is found on, “EPA Questions and Answers about Designation of PFOA and PFOS as Hazardous Substances under CERCLA.” Specifically, it states: “Have PFOA and PFOS been phased out? Are they still in use? Domestic production and import of PFOA has been phased out in the United States by the companies participating in the 2010/2015 PFOA Stewardship Program. Small quantities of PFOA may be produced, imported, and used by companies not participating in the PFOA Stewardship Program ..."

PEER alleges that the above statements are inaccurate, incomplete, and misleading.

In submitting the Demand pursuant to the referenced federal guidelines/requirements, PEER argues:

• Challenged Material Is “Information” Subject to the IQA.
• Challenged Information Was Publicly Disseminated by EPA.
• PEER Has Standing to Challenge the Information.
• Challenged Material Is Categorized as “Influential” and Thus Subject to Most Rigorous Scientific Standards.
• Challenged Materials Are Inaccurate, Incomplete, and Misleading.
• Challenged Materials Did Not Follow EPA Quality Controls.
• No External Peer Review.
• Black Box Development Circumventing “Action Development Process”.
• No Pre-Dissemination Review.
• No Integrated Error Correction Process.
• EPA’s Results Are Contradicted by Independent Researchers and the Agency Itself.

A copy of the Demand can be downloaded here.