EPA Issues Press Release Regarding Two PFAS Initiatives | King and Spalding

In other EPA news, the agency recently issued a press release touting two recent actions in its ongoing regulatory efforts regarding PFAS.

Firstthe EPA sent a Toxic Substances Control Act (TSCA) Notice Letter to a wide variety of industry members using high-density fluorinated polyethylene (HDPE) containers and similar plastics, including manufacturers, distributors, users, and those disposing of these materials. The notification letter followed last year’s tests data showing the presence of PFAS in HDPE containers used in connection with a pesticide product. This month’s letter reminded potentially affected companies using or disposing of HDPE containers that they could be subject to Significant New Use Rule (SNUR) for long-chain PFAS given the potential for PFAS contamination. If subject to the long-chain PFAS SNUR, entities are required to submit a Significant New Use Notice to EPA and await EPA review of potential risks of use under TSCA as well as determining whether the use is authorized before continuing the activity.

Second, the EPA has announced that it will remove two types of PFAS from the Safer Chemical Ingredients List (SCIL): amphoteric fluorinated surfactant (CAS 34455-29-3) and another PFAS with a much longer name than we We’ll just list it by its CAS to save our readers a headache (452080-67-0). Although both of these chemicals are still listed on the SCIL at this time (with gray square designation), they will no longer be listed on the SCIL as of March 16, 2023. All currently labeled products containing these two chemicals will need to be reformulated in order to comply with EPA requirements. Safer Choices Program.

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