Bipartisan Group of Representatives Calls on EPA to Assess the Risks of PFAS in Fluorinated Containers

On July 25, 2023, 12 members of the House sent a letter to U.S. Environmental Protection Agency (EPA) Administrator Michael Regan urging EPA “to conduct a rigorous, comprehensive, and transparent assessment of the risks of [per- and polyfluoroalkyl substances (PFAS)] in fluorinated containers.” The letter states that EPA is mandated by the Toxic Substances Control Act (TSCA) to address the risks of new PFAS and significant new uses of existing PFAS. According to the letter, the TSCA program “is now facing a major test of this authority from the submission of nine Significant New Use Notices (SNUNs) by Inhance Technologies, a Texas company that fluorinates plastic containers.” The letter states that the Inhance fluorination process “results in the formation of at least 13 individual PFAS, nine of which are long-chain perfluoroalkyl carboxylate (LCPFAC) substances.” The letter notes that LCPFACs are subject to a 2020 significant new use rule (SNUR) promulgated by EPA and that “[i]t is our understanding that Inhance fluorinates over 200 million containers a year, which are used to package numerous consumer and industrial products.”