EPA Seeks Public Input on PFAS Production and Regulation Under TSCA

EPA’s Call for Public Participation

The EPA has issued a public notice requesting comments and data regarding the manufacturing processes of certain PFAS, specifically PFOA, PFNA, and PFDA. These substances are produced during the fluorination of HDPE and other plastic containers, which are widely used for consumer goods, pesticides, automotive products, and industrial applications. The agency is seeking input to improve its understanding of the uses, production, and potential dangers associated with these chemicals, which have raised concerns due to their persistence in the environment and potential health hazards.

Impact of PFAS and Fluorination

PFAS are valued for their resistance to water, oil, and heat, making them useful in a variety of industrial applications. However, their durability has led to concerns over environmental pollution and human exposure. The EPA is specifically seeking information on the number, location, and uses of fluorinated containers in the United States, including any critical applications related to the economy or national security. Furthermore, the agency is looking for alternatives to the fluorination process that generates these harmful chemicals.

Regulatory Framework Under TSCA

Under TSCA, the EPA is responsible for assessing and managing the risks associated with chemical substances. The request for public input follows a petition received by the agency in April 2024 from several environmental groups urging action on the regulation of PFOA, PFNA, and PFDA. The EPA granted this petition in July 2024 and has since begun collecting the data needed to inform potential regulatory actions. The agency is particularly focused on evaluating alternatives to fluorination and understanding the importance of these chemicals in critical industries.

Next Steps in PFAS Regulation

This public consultation is part of a larger EPA initiative to address the risks posed by PFAS. The information gathered will help the agency assess the need for new regulations and the availability of safer alternatives. Alongside evaluating the uses and production of these substances, the EPA is exploring methods to reduce the risks associated with PFAS in plastic containers. Comments must be submitted by 29 November 2024, and the agency encourages input from all sectors.