On February 3, 2023, a train carrying hazardous chemicals, including toxic vinyl chloride, derailed in East Palestine, Ohio. Vinyl chloride is a deadly toxic chemical used to create polyvinyl chloride (PVC), one of the most widely produced plastics in the world used to make flooring, pipes, and packaging.

Today, Safer States released its 2023 analysis of anticipated toxic chemical related policies across the country, finding that PFAS “forever chemical” policies will, again, dominate policy agendas in states nationwide–with at least 28 states expected to consider PFAS-related policy. Addressing plastic pollution and toxic chemicals in cosmetics are also expected to be key focus areas for many state policies in 2023. Altogether, at least 31 states will consider approximately 260 bills on toxic chemical policies in 2023.

Safer States published 2023 Analysis of State Legislation Addressing Toxic Chemicals and Materials on February 6, 2023 which analyzed state-level policies driving toward safer chemicals and materials and healthier communities, finding that at least 30 states will consider policies in 2023. Safer States anticipates that at least 260 policies will be under consideration in 2023 with PFAS, plastics and cosmetics being the most relevant issues.

Just before the new year, New York Governor Kathy Hochul signed into law a bill restricting the use of perfluoroalkyl and polyfluoroalkyl substances, also known as PFAS, in apparel. The bill will eliminate the use of PFAS in apparel by Dec. 31, 2023. Governor Hochul also signed a bill banning PFAS in carpets as part of a mandate requiring manufacturers to implement a carpet collection program.  

Global conglomerate 3M today announced it will stop making PFAS “forever chemicals” by 2025, stating it will “exit per- and polyfluoroalkyl substance (PFAS) manufacturing and work to discontinue the use of PFAS across its product portfolio by the end of 2025.” The statement follows increasing numbers of corporate commitments by major retailers to ban toxic PFAS as well as growing restrictions in state-level policies to ban toxic PFAS. Health advocates cautiously applaud this move and demand that 3M be held accountable for cleaning up its pollution in communities and commit to only making the safest chemicals and products moving forward.

The year 2022 was a pivotal year where numerous states took significant action to safeguard human and environmental health from toxic chemicals and pushed toward a system based on safer chemicals and materials. Given the urgency of the PFAS chemical crisis contaminating drinking water across the country, states drove an ambitious agenda, pushing for class-based restriction of toxic chemicals, transparency about what chemicals are in what products, holding polluters accountable, preventing false solutions, and investing in cleanup.

There is reason to hope that we can see beyond the political divisions that were evident on election day 2022 and work together to address common threats. One issue, in particular, has consistently drawn bipartisan attention from state legislators across the country — the need to address toxic PFAS chemicals that are contaminating communities and drinking water.