Earlier in December, the U.S. Environmental Protection Agency (EPA) issued a Notice to Inhance Technologies LLC (Inhance) to stop producing perfluoroalkyl and polyfluoroalkyl substances (PFAS). Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are created when manufacturing fluorinated high-density polyethylene (HDPE) plastic containers which are used for the package of household consumer products, pesticides, fuels, automobiles, and other industrial products. This Notice aims to protect the public from hazardous PFASs.

In March 2022, EPA has issued a Notice of Violation to Inhance for failure to notify EPA before the production of PFAS. After that, EPA enforcement officers contacted Inhance to verify whether regulated PFAS production had ceased. Upon confirming Inhance’s continued production of regulated PFAS and intention to pursue the fluoridation process, EPA chose to bring a lawsuit against Inhance in December 2022.

EPA will uphold the prohibition of PFOA, PFNA, and PFDA in compliance with Section 5(f) of the TSCA. EPA also identified that the other six PFAS chemicals produced by Inhance may pose an unreasonable hazard to human health or the environment. In accordance with TSCA Section 5(e), EPA mandated that Inhance should stop the production of these chemicals and conduct additional safety testing, if Inhance wants to resume production. However, Inhance's current method for fluoridating plastics produces nine PFAS chemicals regulated by the TSCA, such as PFOA, PFNA (perfluorononanoic acid), and PFDA (perfluorodecanoic acid). Consequently, it is not possible to restart the manufacture of the remaining six PFAS as long as PFOA, PFNA, and PFDA are produced in the fluorination process. These orders will take effect on 28th February 2024.

Further Information:
EPA