A new bill would require fossil fuel companies to pay into a $1 trillion fund (Yes, with a “t”) to address climate change and a new chemical that may or may not be classified as a per- and polyfluoroalkyl substance (PFAS) is getting attention.

Climate Superfund

In what is being called a “Superfund” for the climate, democrats in Washington D.C. have introduced a bill referred to as, “The Polluters Pay Climate Fund Act.”

According to Maryland Senator Chris Van Hollen (D), a co-sponsor of the bill, “The Polluters Pay Climate Fund Act, requires the largest U.S.-based fossil fuel extractors and oil refiners and foreign-owned companies doing business in the U.S. to pay into a $1 trillion Polluters Pay Climate Fund, with their contributions based on a percentage of their global emissions.  The Fund would then be used to finance a wide range of efforts to tackle the impacts of climate change.”

The bill would have no effect on climate lawsuits, which have turned into a cottage industry.  The United States leads the world in climate litigation.

Oil well at sunset

The one trillion dollar climate superfund program would be funded by oil and gas companies (Photo by Zbynek Burival on Unsplash).

From Senator Van Hollen’s webpage, “The Polluters Pay Climate Fund Act is not a substitute for or designed to preempt local- or state-level climate lawsuits seeking to hold the fossil fuel industry accountable for deception about the causes and consequences of climate change.  Nor does it preempt state-level climate superfund laws aimed at recouping damages from climate change.”

This may be election year politicking or it may be sincere.  Either way, the November elections will play an important role in the outcome of a bill of this nature, which is likely to be partisan.

TFA a New PFAS Concern?

In our July 30, 2024, blog we discussed concern over a class of PFAS that heretofore was not on the radar for most people – bis-perfluoroalkyl sulfonimides (bis-FASIs).  Now we have another potential PFAS to consider – Trifluoroacetic acid (TFA).

Based on current information, TFA may or may not be a PFAS, and TFA may or may not be a human health and environmental concern.  Regardless, you will likely hear more about TFA in the coming months/years.

According to E&E News, “Currently, EPA does not define TFA as a PFAS, but some scientists and environmental groups say that it should be classified as such. Industry groups, however, oppose that idea.”

E&E News also states TFA, similar to PFAS, does not break down naturally and is potentially associated with cancer and other diseases.

Anthropogenic Sources of TFA

From Science Direct, “TFA can be formed in the atmosphere through the oxidation of certain perfluoroalkyl-containing substances, such as hydrofluorocarbons (HFCs), hydrochlorofluorocarbons (HCFCs), hydrofluoroolefins (HFOs), and hydrochlorofluoroolefins (HCFOs), which were introduced as substitutes for ozone-depleting chlorofluorocarbons (CFCs)…”

Naturally Occurring TFA

The European FluoroCarbons Technical Committee states, “TFA is a naturally occurring substance but can also be produced by the breakdown of some HFCs or some HFOs and some HCFCs in the atmosphere.”  They go on to say that TFA occurs naturally in large quantities in the environment. Over 200 million tonnes are present in the oceans, both coastal and deep-ocean seawater, having apparently accumulated over many million years from chemical reactions in or around sub-sea volcanic vents.

On July 13, 2024, The Washington Post reported, “A recent rainwater test conducted by the Ecology Center in Michigan, an environmental advocacy organization, and community partners from Detroit, Dearborn and Ann Arbor, Mich., found PFAS in each sample, with TFA levels contributing the most to total PFAS concentrations at each site.”

In a 2016 study by Solomon et al, they conclude, “Based on current projections of future use of HCFCs and FHCs the amount of TFA formed in the troposphere from substances regulated under the MP (Montreal Protocol) is too small to be a risk to the health of humans and the environment.”

While the science of TFA is somewhat murky, the definition of PFAS is murkier and the regulatory fate of TFA will likely be equal parts politics and science. Stay tuned.

Environmental Advice

Dragun Corporation has been assisting the regulated community with environmental compliance, assessment/remediation, and litigation support since 1988.  If you need assistance with an environmental issue, including litigation support, contact Jeffrey Bolin, M.S., CHMM, at 248-932-0228, Ext. 125.

Dragun Corporation does not use artificial intelligence in drafting our blogs or any other material.

Alan Hahn drafted this blog.  Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management.  He has worked in environmental management for 45 years.  He has written hundreds of blogs and articles.  His published work includes Michigan Lawyers Weekly, Detroiter, Michigan Forward, GreenStone Partners, Manure Manager Magazine, Progressive Dairy, and HazMat Magazine.

 Jeffrey Bolin, M.S., reviewed the blog.  Jeff is a partner and senior scientist at Dragun Corporation.  He is a published author, frequent speaker, and expert witness.  His expertise in environmental due diligence, PFAS, vapor intrusion, and site assessments has led to projects in the US, Canada, and overseas.  See Jeff’s Bio.  

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