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November 20, 2024

EPA Extends Deadline for Public Comment on Manufacture of Certain PFAS during Fluorination of HDPE and Other Plastic Containers

Lynn L. BergesonCarla N. Hutton

On November 20, 2024, the U.S. Environmental Protection Agency (EPA) announced an extension to the comment period for the notice published September 30, 2024, seeking public comment on the manufacture of certain per- and polyfluoroalkyl substances (PFAS), including perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), and perfluorodecanoic acid (PFDA), during the fluorination of high-density polyethylene (HDPE) and other plastic containers to inform regulations as appropriate under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 91739. That notice established a public comment period that is scheduled to end on November 29, 2024. According to EPA, it received a request to extend the comment period “from an interested stakeholder who requested additional time to collect information relating to EPA’s notice and develop thoughtful responses to the issues raised in EPA’s notice.” EPA states that it “believes it is appropriate to extend the comment period in order to give stakeholders including the requester additional time to identify and gather information related to the issues identified in EPA’s notice and to prepare comprehensive comments.” Comments are now due December 30, 2024. More information on EPA’s request for information is available in our October 9, 2024, memorandum.