{"id":36685,"date":"2024-10-17T00:01:42","date_gmt":"2024-10-17T04:01:42","guid":{"rendered":"https:\/\/beyondpesticides.org\/dailynewsblog\/?p=36685"},"modified":"2024-10-16T15:00:12","modified_gmt":"2024-10-16T19:00:12","slug":"pfas-contaminated-plastic-containers-focus-of-epa-public-comment-period-through-november-29","status":"publish","type":"post","link":"https:\/\/beyondpesticides.org\/dailynewsblog\/2024\/10\/pfas-contaminated-plastic-containers-focus-of-epa-public-comment-period-through-november-29\/","title":{"rendered":"PFAS Contaminated Plastic Containers Focus of EPA Public Comment Period through November 29"},"content":{"rendered":"

Beyond Pesticides (October 17, 2024) On September 30, 2024, the U.S. Environmental Protection Agency (EPA) opened a public comment period<\/a> about production of specific per- and polyfluoroalkyl substances (PFAS, also known as \u2018forever chemicals\u2019)\u2014including perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), and perfluorodecanoic acid (PFDA). EPA is collecting information on the fluorination process of high-density polyethylene (HDPE) and other plastic containers to inform possible regulatory action under<\/a> the Toxic Substances Control Act<\/em><\/a> (TSCA). The deadline for submitting comments is November 29, 2024.<\/p>\n

PFOA and twelve other PFAS compounds are created during the fluorination of HDPE plastic containers by Inhance Technologies, LLC, the only U.S. company manufacturing containers using this fluorination technique (see here<\/a>). Studies by EPA<\/a>, independent researchers<\/a>, and the company<\/a> itself demonstrate that PFAS leaches<\/a> from container walls into contents, exposing millions to these toxic chemicals without their knowledge. EPA notes,<\/a> \u201cLong-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\u2019s long-term exposure and health risk for cancers, impacts to the liver and heart, and immune and developmental damage to infants and children.\u201d<\/p>\n

The adverse effects of PFAS exposure are linked to serious health issues<\/a>, including cancer, reproductive disorders<\/a>, and immune system dysfunction<\/a>. Factory and farmworkers, due to cumulative exposure, and vulnerable groups exposed to HDPE products, face heightened risks. Leaching affects a broad range of household and daily-use products, from pesticides to food, cosmetics, and cleaning supplies, presenting risks through ingestion, inhalation, and skin contact. In addition, cumulative exposure to PFAS emerges from multiple sources in daily life. In recent years, EPA has acknowledged this critical issue; in April 2024, the agency\u2019s first-ever enforceable drinking water standards for PFAS, \u201cNational Primary Drinking Water Regulation<\/a>\u201d (NPDWR) included PFOA and PFNA and designated PFOA as one of the first two hazardous substances<\/a> under the Comprehensive Environmental Response, Compensation, and Liability Act<\/em> (CERCLA, also known as Superfund).\u00a0<\/p>\n

PFAS contamination from Inhance Technologies manufactured plastic containers <\/em><\/p>\n

\u00a0<\/em>EPA has been involved in the PFAS tragedy revolving around Inhance Technologies\u2019 plastic container manufacturing process since the agency was notified by Public Employees for Environmental Responsibility (PEER<\/a>) in September 2020. In April 2024, a coalition of environmental and public health organizations, including PEER, filed a TSCA Section 21 petition<\/a>, urging EPA to immediately halt the production of plastic containers with PFAS levels that leach into consumer products and the environment. The petition calls on the agency to use its TSCA Section 6 authority<\/a> to ban the production of PFOA, PFNA, and PFDA produced as a result of Inhance\u2019s fluorination process. EPA approved this petition on July 10, 2024, and is now calling for public comments to inform EPA\u2019s response.<\/p>\n

In the petition, PEER highlights that the U.S. Court of Appeals for the Fifth Circuit,<\/a> as referenced later in this post, acknowledges EPA’s authority to regulate the fluorination process that generates PFAS under TSCA\u2019s Section 6. This provision mandates that when EPA identifies a chemical as posing an \u201cunreasonable risk of injury to health or the environment,\u201d it must take necessary measures to mitigate that risk. This is precisely the action sought by the petitioners.<\/p>\n

\u201cThe Toxic Substances Control Act<\/em> allows EPA<\/a> to issue an immediately effective rule to prohibit or limit any chemical process determined to present an unreasonable risk of injury if serious or widespread injury is likely before completion of the rulemaking process,\u201d said Bob Sussman, principal in Sussman and Associates, former senior EPA official in the Obama Administration, and legal advisor to the Center for Environmental Health, one of the petitioners with PEER. \u201cEPA has all the evidence it needs to justify this action and should not allow Inhance to continue to expose Americans to dangerous PFAS one day longer than necessary,\u201d Mr. Sussman continued.<\/p>\n

In fact, EPA did previously take such decisive action, however, the decision was consequently reversed by the judiciary. On December 1, 2023, EPA issued stop orders<\/a> to Inhance Technologies, LLC, mandating the cessation of PFAS production, which occurs during the fluorination process of the company\u2019s HDPE plastic containers. In December 2022, Inhance submitted Significant New Use Notices<\/a> (SNUN) for nine PFAS chemicals, including PFOA, PFNA, and PFDA. Following its review, EPA determined that these three PFAS chemicals pose serious health risks, requiring prohibition to prevent harm. Consequently, under TSCA Section 5(f), the agency banned further production of PFOA, PFNA, and PFDA resulting from HDPE fluorination.<\/p>\n

In response, Inhance challenged EPA\u2019s orders, resulting in a March 21, 2024, ruling by the U.S. Court of Appeals for the Fifth Circuit to vacate the agency\u2019s decision. The court found that EPA had exceeded its authority by using TSCA Section 5 instead of Section 6, as Inhance’s decades-old fluorination process does not constitute a \u201csignificant new use.\u201d Inhance argued that the process was not new due to its long-standing implementation, while the EPA contended that the lack of prior disclosure rendered it a significant new use. The court emphasized that this ruling does not restrict the EPA from regulating Inhance\u2019s fluorination process under TSCA Section 6, provided it follows the procedural guidelines. The Fifth Circuit decision<\/a> did note that if EPA were to pursue another approach (Section 6) under TSCA, the agency must \u201cweigh the costs to businesses and the overall economy before shutting down an ongoing manufacturing process.\u201d Public health advocates say that this starkly underscores the limitations of federal law in protecting public health in the face of corporate interests and profits. (See here<\/a>).<\/p>\n

PFAS contaminat<\/em>ion also found in pesticides <\/em><\/p>\n

The Center for Food Safety\u2014joined by environmental, farm, and grassroots organizations including Beyond Pesticides\u2014submitted a groundbreaking petition<\/a> to EPA in July 2024, urging immediate action to address PFAS in pesticides and pesticide containers. Numerous studies\u00a0have shown that the broad use of PFAS chemicals, and the resulting environmental contamination, has devastating impacts on public health, wildlife, and pollinators. Despite acknowledging PFAS as an urgent public health and environmental issue, EPA has upheld hundreds of registrations of pesticide ingredients that fall into the PFAS category. (See here<\/a> to take action).<\/p>\n

As the situation evolves, environmental and public health advocates are continuing to pay close attention, given EPA\u2019s recent history of testing for PFAS in pesticides from HDPE container contamination. In May 2024, PEER filed a complaint<\/a> asserting that EPA issued misleading statements in falsely claiming that recent tests found no detectable per- and polyfluoroalkyl substances (PFAS) in pesticides (see here<\/a>). PEER\u2019s administrative complaint calls for the EPA to retract a 2023 research memo<\/a> and press release<\/a>, alleging these publications violated the agency\u2019s standards for scientific quality and accuracy. In late 2022, research published in the Journal of Hazardous Materials Letters<\/em><\/a> identified significant PFAS levels in widely used pesticides, contradicting EPA\u2019s previous assurances that registered pesticides do not contain PFAS (see here<\/a>). However, in the aforementioned \u00a0press release<\/a>, EPA issued a non-peer reviewed memo stating the agency \u201cdid not find any PFAS in the tested pesticide products.\u201d<\/p>\n

PEER alleges that EPA omitted critical details, including:<\/p>\n