The U.S. Environmental Protection Agency (EPA) announced its third issuance of a Toxic Substances Control Act (TSCA) test order on August 15, 2023. This signifies another significant step for per- and polyfluoroalkyl substances’ (PFAS) testing under the scope of EPA’s National PFAS Testing Strategy. The JDSUPRA report on this development, however, does not provide full details of the order.
The testing order principally targets three companies: The Chemours Company FC LLC, E. I. du Pont de Nemours and Company, and the 3M Company. Key to the order is the substance 2,3,3,3-Tetrafluoro-2-(heptafluoropropoxy)propanoyl fluoride (HFPO-DAF), often used as a reactant. The specifics of this substance and its implications within the context of PFAS are yet to be revealed in the legal context.
Such a move by the EPA serves as a critical reminder of the need for environmental consciousness at the helm of heavy hitting industries, and points to greater scrutiny in the future. The full ramifications of this third TSCA test order and its implications for the companies involved as well as wider environmental law, are yet to be fully understood.