EPA Issues Third TSCA Test Order for PFAS – Update from Bergeson & Campbell, P.C.

The U.S. Environmental Protection Agency (EPA) announced on August 15, 2023, that it issued the third Toxic Substances Control Act (TSCA) test order requiring testing on per- and polyfluoroalkyl substances (PFAS) under EPA’s National PFAS Testing Strategy. EPA has ordered the Chemours Company FC LLC, E. I. du Pont de Nemours and Company, and 3M Company to conduct and submit testing on 2,3,3,3-Tetrafluoro-2-(heptafluoropropoxy)propanoyl fluoride (HFPO-DAF), “a substance used as a reactant in organic chemical manufacturing.” EPA states that HFPO-DAF is known to be used to make the chemical hexafluoropropylene oxide dimer acid (HFPO-DA) (Chemical Abstracts Service Registry Number® (CAS RN®) 13252-13-6), also known by the trade name GenX. According to EPA, HFPO-DA is used in the production of nonstick coatings, stain repellent, and other consumer and industrial products and was widely used to replace perfluorooctanoic acid (PFOA). EPA notes that more than one million pounds of HFPO-DAF are manufactured each year, according to TSCA Chemical Data Reporting (CDR) rule reports. For more information, please read the full memorandum.

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