Last month, US EPA penned an
open letter addressed to stakeholders who manufacture, process, distribute, use, or dispose of fluorinated high-density polyethylene (HDPE) containers and similar plastics (i.e., fluorinated polyolefins).
EPA has found that per- and polyfluoroalkyl substances (PFAS) may form as a byproduct during the manufacturing process and later contaminate the environment.
The letter reminds stakeholders that these byproducts are
not exempt from the TSCA Significant New Use Reporting requirements for long-chain perfluoroalkyl carboxylate (LCPFAC) at 40 CFR 721.10536.
Manufacturers must notify EPA of any PFAS byproduct generated via a Significant New Use Notice (SNUN). The SNUN allows EPA to assess the potential risks of this use
under TSCA section 5 and determine whether the use should continue (under which conditions as necessary).
Normally performed to protect containers from weathering degradation, certain fluorination processes may run a higher risk of generating PFAS. EPA has found that fluorination using fluorine gas with an inert gas could reduce the potential for inadvertent PFAS manufacture.
TSCA Enforcement Alert: Unlisted PFAS in Ski Wax Products
Earlier this year, US EPA released an enforcement alert after identifying several ski wax products sold in the US that contain per- and polyfluoroalkyl substances (PFAS) that are not listed on the
TSCA Chemical Substance Inventory. The alert follows enforcement actions in which two ski product distributors allegedly imported PFAS-containing ski waxes in violation of TSCA.
The Agency published the notice to remind ski wax sellers to ensure that the products they sell do not contain PFAS that are not on the TSCA Chemical Substance Inventory or have prohibitions on their use in sporting goods.
EPA recommends reviewing the product's Safety Data Sheet (SDS) or contacting a manufacturer or supplier for details about chemical identity information. Manufacturers and importers may also contact EPA's TSCA Hotline with additional questions about compliance.
Convenient, Effective Online EHS Manager Training
Managing site compliance with the many complex EPA programs that affect your business—from the Clean Air and Clean Water Acts to TSCA, EPCRA, CERLCA, and more—is a major challenge. If you’re new to the field or need an update on changing EPA rules, online training is a convenient way to quickly build in-depth expertise.
The
Complete Environmental Regulations online course will prepare you to identify your site's liabilities and responsibilities under major environmental laws and regulations. This course is ideal for new EHS managers, environmental consultants, and anyone who wants clarity about how complex environmental requirements fit together.
Or check out these courses on specific EPA programs:
TSCA Regulations Online
Clean Air Act Regulations Online
Clean Water Act & SDWA Regulations Online
Superfund and Right-to-Know Act Regulations Online