PEER and CEH File Notice of Intent to Sue EPA to Stop Manufacturing and Distribution of PFAS in Fluorinated Containers | Bergeson & Campbell, P.C.

On May 20, 2024, the Public Employees for Environmental Responsibility (PEER) announced that it had filed a Notice of Intent to Sue (NOI) with the United States Environmental Protection Agency (EPA) on May 17, 2024 “to stop the manufacturing and the distribution of hundreds of millions of plastic containers containing dangerous levels of a per- and polyfluoroalkyl (PFAS) carcinogen called perfluorooctanoic acid (PFOA). Filed with the Center for Environmental Health (CEH), the NOI states that the EPA “failed to fulfill its non-discretionary obligation under section 4(f) of (the Toxic Substances Control Act (TSCA)), 15 USC § 2603(f). ), to initiate applicable measures under Article 5, 6 or 7 to prevent or reduce the risk posed by (PFOA) formed during the process of fluoridation of plastic containers. According to the NOI, this requirement arose within 180 days of EPA’s Proposal to Regulate the National Primary Drinking Water (NPDWR) for PFOA and five other PFAS, released on March 29, 2023, which states: “Following a systematic review of available human and animal epidemiological data. toxicity studies, the EPA has determined that PFOA… (is) likely to cause cancer (For example, kidney and liver cancer) and that there is no dose below which… (it) is considered safe. The NOI notes that as of March 29, 2023, the EPA had also received comprehensive data demonstrating that the fluoridation process used by Inhance Technologies LLC (Inhance) produced PFOA at levels of concern in up to 200 million plastic containers per year and that fluoridation was “causing PFOA contamination of pesticides, fuels, and a variety of other products widely used by workers and consumers, leading to widespread human exposure and release into the environment.” The NOI requests that EPA take action as soon as possible under Sections 6 and/or 7 of TSCA requiring Inhance to immediately cease all production of PFOA during the fluoridation of plastic containers.

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