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December 31, 2024

NGOs Appeal Dismissal of Suit Seeking TSCA Section 6 Rule Prohibiting Production of PFOA during Fluorination of Plastic Containers

On December 26, 2024, the Center for Environmental Health (CEH) and Public Employees for Environmental Responsibility (PEER) filed notice in the U.S. District Court for the District of Columbia that they are appealing the court’s December 11, 2024, decision dismissing their suit to the U.S. Court of Appeals for the District of Columbia Circuit. As reported in our December 17, 2024, blog item, the court dismissed a suit filed against the U.S. Environmental Protection Agency...
December 17, 2024

District Court Dismisses Suit Seeking TSCA Section 6 Rule Prohibiting Production of PFOA during Fluorination of Plastic Containers

On December 11, 2024, the U.S. District Court for the District of Columbia dismissed a suit filed against the U.S. Environmental Protection Agency (EPA) seeking a rule under Section 6 of the Toxic Substances Control Act (TSCA) to prohibit the production of perfluorooctanoic acid (PFOA) during Inhance Technologies, LLC’s (Inhance) fluorination process. Public Employees for Environmental Responsibility (PEER) v. Regan (No. 2024-2194). As reported in our July 30, 2024, blog item, PEER and the...
November 20, 2024

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

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...
October 9, 2024

EPA Seeks Public Comment on Manufacture of Certain PFAS during Fluorination of HDPE and Other Plastic Containers

On September 30, 2024, the U.S. Environmental Protection Agency (EPA) requested 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. 79581. EPA notes that this request for...
March 25, 2024

Appellate Court Vacates EPA’s TSCA Section 5 Orders Prohibiting Inhance from Manufacturing or Processing PFAS during Its Fluorination Process

On March 21, 2024, the U.S. Court of Appeals for the Fifth Circuit vacated the U.S. Environmental Protection Agency’s (EPA) December 2023 orders prohibiting Inhance Technologies, L.L.C. (Inhance) from manufacturing or processing per- and polyfluoroalkyl substances (PFAS) during its fluorination process. The court notes that in March 2022, EPA “charged for the first time” that Inhance’s fluorination process was subject to the significant new use rule (SNUR) regarding long-chain...
March 7, 2024

EPA Releases New Methodology to Detect Low Levels of PFAS in HDPE Containers

On February 15, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of a new methodology for detecting 32 per- and polyfluoroalkyl substances (PFAS) in high-density polyethylene (HDPE) containers. According to EPA, the method can accurately identify PFAS contamination at levels as low as 0.002 parts per billion (ppb) (or 2 parts per trillion (ppt)). EPA states that in releasing this method to the public, it “is enabling the industries that utilize HDPE containers,...
March 21, 2014

Tetra Pak Announces Launch Of First Biobased Cap For Gable Top Packages

Tetra Pak, a company providing solutions in food processing and packaging headquartered in Lausanne, Switzerland, announced on March 13, 2014, the launch of the first biobased cap for "gable top" packages (cartons). According to the company's press release, this biobased version of TwistCap OSO 34 is manufactured using high density polyethylene (HDPE) derived from sugar cane. A copy of Tetra Pak's press release on the announcement is available online....