Earthjustice challenges EPA approval of chemicals for data centers
Nonprofit organization Earthjustice has filed a lawsuit against the US Environmental Protection Agency (EPA), challenging its approval of the import and immediate use in the United States of two chemicals linked to data centers. This was reported by The Guardian.
Potential risks
The chemicals in question are photoacid generators used in semiconductor manufacturing. Due to extensive redactions in EPA documents, it is impossible to determine with certainty whether these compounds belong to the PFAS class, known as “forever chemicals.” Some PFAS are used in semiconductor manufacturing.
Earthjustice attorney Jonathan Kalmuss-Katz said that the EPA acknowledged potential serious risks in its approval documents but did not have sufficient data to determine levels of acute toxicity or other health harms. The agency cited possible acute and genetic toxicity, skin and respiratory irritation, eye damage, as well as systemic, reproductive and developmental effects on workers.
In one document, the EPA also indicated the possibility of “acute lethality” resulting from exposure to the substance, but stressed that there was insufficient data to assess this risk. For the public, the agency identified potential risks through drinking water, groundwater contaminated by landfill leachate, and air emissions.
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Arguments of the plaintiff
According to Kalmuss-Katz, the EPA acknowledged that both substances could pose an “unreasonable risk” to workers and the public, but nevertheless allowed their use. Earthjustice believes this contradicts the US Toxic Substances Control Act, which provides for restrictions or bans on the manufacture, processing, distribution, use or disposal of substances to protect against such a risk.
Among the EPA’s restrictions is a limit on the size of containers used to import the chemical, but not on its total volume. An Earthjustice representative called this measure insufficient. The EPA did not provide an immediate comment in response to the publication’s request.
Photoacid generators are used in photolithography to form circuits on a semiconductor wafer. Most chemicals involved in this process do not remain in the chip but enter wastewater or are disposed of in another way. The EPA says the substances should be incinerated, but, as the publication writes, this process does not completely destroy many chemicals.
Lenny Siegel, executive director of the Center of Public Environmental Oversight, said that new photoacid generators should not be approved even temporarily until a legally binding guarantee of zero discharge of such substances is secured.
