Comments to EPA on PFAS Created During Fluorination Due by Nov. 29

The U.S. Environmental Protection Agency (EPA) has published a request for comments on the manufacture of certain per- and polyfluoroalkyl substances (PFAS) created during the fluorination of high-density polyethylene (HDPE) and other plastic containers. This request follows EPA’s granting of a petition on July 10, 2024, which the Agency received under the Toxic Substances Control Act (TSCA). The petition was submitted by the Center for Environmental Health and several other non-governmental organizations (NGOs) on April 11, 2024. 

The petition from the NGOs requested that EPA prohibit the manufacturing, processing, use, distribution in commerce, and disposal of perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), and perfluorodecanoic acid (PFDA) formed during the fluorination of plastic containers. Under TSCA section 6(a), EPA may prohibit or limit the manufacture, processing, distribution in commerce, use, or disposal of a chemical if the Agency determines that the chemical presents an unreasonable risk to human health or the environment.

EPA is interested in the number and uses of fluorinated containers in the U.S., information regarding alternatives to the fluorination process, and measures to address the risk from PFAS formation. Comments to EPA must be received on or before November 29, 2024 (60 days after publication). The American Chemistry Council has requested an extension of the comment deadline of an additional 45 days, until January 13, 2025.