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

First, EPA sent a Toxics Substances Control Act (TSCA) compliance notification letter to a wide variety of industry members using fluorinated high-density polyethylene (HDPE) containers and similar plastics, including manufacturers, distributors, users, and those that dispose of such materials. The notification letter followed last year’s testing 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 HDPE containers that they may be subject to a 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’s review of potential risks of the use under TSCA as well as determination as to whether the use is permissible before continuing with the activity.

Second, EPA 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 that we’ll simply list by its CAS to spare our readers a headache (452080-67-0). While these two chemicals are still listed on the SCIL for now (with a grey square designation), they will no longer be listed on the SCIL as of March 16, 2023. Any currently labeled products that contain these two chemicals will need to be reformulated in order to comply with EPA’s Safer Choice Program.