Recently, the US Environmental Protection Agency (EPA) approved a petition jointly submitted by the Center for Environmental Health and other organizations.
The petition requires the EPA to issue regulations in accordance with Section 6(a) of the US TSCA (Toxic Substances Control Act) to prohibit the manufacture, processing, use, commercial distribution and disposal of three types of PFAS substances formed during the fluorination of plastic containers - perfluorooctanoic acid PFOA, perfluorononanoic acid PFNA and perfluorodecanoic acid PFDA.
Background information
Plastic fluorination technology changes the physical and chemical properties of the plastic surface by introducing fluorine elements, and is widely used in packaging materials, medical devices, electronic appliances and other industries.For a long time, tens of thousands of plastic products have produced a series of toxic PFAS substances through the fluorination process, such as PFOA, PFNA and PFDA, which are typical long-chain perfluoroalkyl carboxylic acids.These substances are difficult to degrade and continue to accumulate in the environment, causing serious pollution to the ecosystem. Even if humans are only exposed to these substances in small amounts, they will significantly increase the risk of cancer.
Previously, plastic container company Inhance Technologies LLC (Inhance) had been negotiating with the EPA for two years on the application of long-chain perfluoroalkyl carboxylic acids in plastic fluorination.For details, see: The US federal court actually lifted the ban on PFAS? The definition of "significant new use" in the TSCA Act is controversial.Whether PFAS produced by the plastic fluorination process should be restricted and controlled is still controversial.
Follow-up actions
Section 6(a) of the US TSCA Act provides that when the EPA determines that a chemical "poses an unreasonable risk of harm to health or the environment", the EPA shall regulate the chemical to the extent necessary so that it no longer poses such a risk.In response to the petition, the EPA will immediately initiate actions related to the production of PFOA, PFNA and PFDA by the plastic fluorination process, and plans to request information, including:
The number, location and use of fluorinated containers in the United States;
Alternative processes for the fluorination process that produce PFOA, PFNA and PFDA;
Measures to address the risk of PFOA, PFNA and PFDA formed during the fluorination of plastic containers.
Other actions
In recent years, EPA has been taking relevant countermeasures for PFAS produced in the plastic fluorination process:In March 2022, EPA provided information on the formation and transfer of PFAS in the plastic fluorination process to manufacturers (including importers), processors, distributors, users, and companies that handle fluorinated high-density polyethylene (HDPE) containers and similar plastics (fluorinated polyolefins).In March 2022, EPA issued a notice of violation of the significant new use rule (SNUR) to Inhance, and on December 1, 2023, issued a formal order under Section 5 of TSCA, announcing that Inhance was prohibited from producing or processing regulated PFAS through its fluorination process (Note: The ban was revoked in March 2024).In February 2024, EPA released a new detection method that can detect 32 PFAS directly from the container wall made of high-density polyethylene HDPE.
EPA's control opinion on the generation of PFAS in the plastic fluorination process has always been: Only by prohibiting production activities can the potential exposure risks of PFOA, PFNA and PFDA be controlled.Although opposed by many companies in the industry, the gradual elimination of PFAS in products is still the general trend.For companies involved in plastic fluorination processes, keeping abreast of regulatory updates and taking timely countermeasures are the key to reducing the risk of product violations.
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