By Shannon Kelleher
U.S. regulators have failed to protect the public from millions of plastic containers that contain toxic per-and polyfluoroalkyl substances (PFAS) chemicals, which can leach into pesticides, condiments, household cleaners and many other products, alleges a lawsuit filed last week by environmental groups.
The lawsuit, filed on July 25 in the U.S. District Court for the District of Columbia, alleges that the U.S. Environmental Protection Agency (EPA) violated the Toxic Substances Control Act (TSCA) by neglecting to demand that manufacturers stop making containers using a fluorination process that results in PFAS.
When the EPA proposed drinking water regulations for six PFAS chemicals in March 2023, the agency stated it had determined there is no safe level of perfluorooctanoic acid (PFOA), and that this type of PFAS is likely to cause cancer.
Under the TSCA, the agency had six months to start addressing PFOA’s presence in plastic containers but failed to do so, allege the Center for Environmental Health and Public Employees for Environmental Responsibility (PEER).
“EPA’s failure to protect the public from exposures to toxic PFOA in their daily lives is inexcusable and reflects a severe leadership deficit at the agency,” said Kyla Bennett, science policy director for PEER, in a statement.
The EPA declined to comment, citing pending litigation.
PFOA is one of thousands of PFAS chemicals, which do not break down naturally in the environment and are found in the blood of most Americans. PFAS are in many everyday products, including nonstick cookware, dental floss, rain gear and makeup.
A study published this week found that fluorinated plastic containers are a major pathway by which so-called “forever chemicals” unintentionally wind up in pesticide products.
The Texas-based company Inhance Technologies is the only U.S. company to use a fluorination process that results in the formation of PFAS, producing about 200 million plastic containers with the technique each year. In addition to PFOA, 12 other PFAS chemicals have been detected in Inhance’s containers.
In December 2023, the EPA ordered Inhance to stop producing PFAS when it manufactures its containers, but in March a U.S. appeals court blocked the order, ruling that the EPA had exceeded its statutory authority. The EPA did not appeal the ruling, withdrawing its enforcement action.
“Since the order never took effect, formation of PFOA during fluorination has continued without any restriction and millions of people remain exposed to the serious health risks of PFOA-contaminated plastic containers,” states the complaint.
Earlier this month, the EPA granted a petition filed by the Center for Environmental Health, PEER and other environmental groups calling for the agency to address PFOA in plastic containers, as well as perfluorononanoic acid (PFNA) and perfluorodecanoic acid (PFDA).
The agency stated that it would promptly initiate a TSCA proceeding to initiate a rulemaking on these PFAS chemicals in plastic containers.
“The EPA intends to request information, including the number, location, and uses of fluorinated containers in the United States; alternatives to the fluorination process that generates PFOA, PFNA, and PFDA; and measures to address risk from PFOA, PFNA, and PFDA formed during the fluorination of plastic containers,” said Michal Freedhoff, EPA’s assistant administrator of the Office of Chemical Safety and Pollution Prevention.
The announcement did not include a timeline for the rulemaking or immediate measures to protect the public, said PEER in its statement.
Originally published by The New Lede.
Shannon Kelleher is a reporter for The New Lede.
