The EPA granted a petition from the Center for Environmental Health, Public Employees for Environmental Responsibility, Alaska Community Action on Toxics, Clean Cape Fear, Clean Water Action, Delaware Riverkeeper and Merrimack Citizens for Clean Water to address per- and polyfluoroalkyl substances (PFAS) formed during the fluorination of plastic containers – perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA) and perfluorodecanoic acid (PFDA). These PFAS have been found in plastic containers used for a variety of household consumer, pesticide, fuel, automotive and other industrial products.
Long-chain PFAS like PFOA, PFNA and PFDA build up in our bodies and the environment over time. Even small amounts can significantly contribute to people’s long-term exposure and health risk for cancers, impacts to the liver and heart, and immune and developmental damage to infants and children. To protect people from cancer and other serious health problems caused by exposure to harmful PFAS, earlier this year EPA included PFOA and PFNA in a national drinking water standard for PFAS and made PFOA one of the first two PFAS to be designated as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund.
By granting this petition, EPA stated that it will promptly commence an appropriate proceeding under TSCA Section 6. EPA intends to request information, including the number, location, and uses of fluorinated containers in the United States; alternatives to the fluorination process that generates PFOA, PFNA, and PFDA; and measures to address risk from PFOA, PFNA, and PFDA formed during the fluorination of plastic containers.
Other EPA Actions on PFAS Formed During the Fluorination of Plastic Containers
In September 2021, EPA released an internally validated method for detecting 28 PFAS compounds in oily matrices. The method is intended to help pesticide manufacturers, state regulators, and other interested stakeholders test pesticide products formulated in oil, petroleum distillates, or mineral oils for PFAS.
In March 2022, EPA provided information to manufacturers (including importers), processors, distributors, users, and those that dispose of fluorinated high-density polyethylene (HDPE) containers and similar plastics (i.e., fluorinated polyolefins) about the potential for PFAS to form and migrate from these items. EPA released results from its evaluation of the leaching potential of PFAS from the walls of certain fluorinated HDPE containers into the liquids stored in those containers in September 2022.
In February 2024, EPA released a new method to detect 32 PFAS directly from the walls of containers made from HDPE. This new method allows industries that use HDPE containers and container manufacturers to test the containers before use, preventing PFAS contamination of products stored in these containers. The method also has wide applicability for other industries, as it can be modified to test for PFAS in additional solid samples such as fabric, packaging paper, and more.