EPA Bans PFAS In Plastic Containers To Protect Public Health

In a decisive move to protect public health, the U.S. Environmental Protection Agency (EPA) has directed Inhance Technologies LLC to halt the production of harmful per- and polyfluoroalkyl substances (PFAS). These chemicals, known for their persistence and potential health risks, are produced during the creation of fluorinated high-density polyethylene (HDPE) plastic containers. The directive, issued under the Toxic Substances Control Act (TSCA), targets containers widely used in everyday household items, pesticides, fuels, and various industrial products.

Michal Freedhoff, Assistant Administrator for the Office of Chemical Safety and Pollution Prevention, emphasised the administration's commitment to combating PFAS pollution. "PFAS should not be in the plastic containers people use every day, period," Freedhoff stated, aligning with the Biden-Harris Administration's Strategic Roadmap against PFAS contamination.

PFAS chemicals are notorious for their bioaccumulation in the environment and the human body, posing long-term health risks. A concerning revelation showed that nearly 100% of individuals tested had detectable levels of PFAS, highlighting the widespread nature of this issue. The urgency of the situation was further underscored by a 2019 incident in Easton, Massachusetts, where local drinking water was contaminated with PFOA, a type of PFAS traced back to a mosquitocide stored in Inhance-manufactured containers.

In March 2021, the EPA discovered that PFAS could migrate from these containers into liquids like pesticides, a process that continues over time. A subsequent Notice of Violation was issued to Inhance in March 2022 for failing to notify the EPA of their PFAS production, a requirement under the TSCA. This led to legal action by the Department of Justice against Inhance.

Inhance, responsible for fluorinating up to 200 million containers annually, could significantly impact drinking water sources. The EPA's proposed Maximum Contaminant Level for PFOA in drinking water illustrates the gravity of potential contamination.

Upon reviewing significant new use notices (SNUNs) submitted by Inhance, the EPA determined that three PFAS chemicals - PFOA, perfluorononanoic acid (PFNA), and perfluorodecanoic acid (PFDA) - posed unmanageable risks, leading to their production prohibition. Additionally, restrictions and testing requirements have been placed on six other PFAS chemicals manufactured by Inhance.

The ban, effective from February 28, 2024, does not leave industries in a lurch. Alternatives to the fluorination process are available, ensuring continued availability of protective packaging without PFAS production. Inhance is reportedly working towards eliminating all PFAS production, aligning with EPA’s goals.

EPA remains vigilant in enforcing compliance with these new regulations, underlining the agency's commitment to public health and environmental safety. The agency also notes that exemptions for national defence purposes are provided under TSCA.