Mar 242022

EPA Notifies Plastics Container Industry of Potential Presence of PFAS and TSCA Compliance Requirements

Allison H. In and Samuel B. Boxerman
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On March 16, 2022, the U.S. Environmental Protection Agency (EPA) notified the fluorinated high-density polyethylene (HDPE) industry in a letter that per- and polyfluoroalkyl substances (PFAS) could be formed in HDPE containers or similar plastics as a byproduct, which may trigger notification requirements under the Toxic Substances Control Act (TSCA) and be a violation of TSCA as contamination. The agency explained that the formation of PFAS has occurred during certain types of fluorination, and the manufacturing of certain PFAS from the fluorination of polyolefins, including long-chain perfluoroalkyl carboxylate (LCPFAC), is considered a significant new use requiring notice to EPA under TSCA.

EPA also announced a plan to remove two PFAS from its Safer Chemical Ingredients List following the agency’s review of these substances.

This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.

Allison H. In

Samuel B. Boxerman

Washington, D.C.

sboxerman@sidley.com

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