EPA Issues PFAS Test Order with Immediate Effect

The U.S. Environmental Protection Agency today has issued its fourth Toxic Substances Control Act (TSCA) test order requiring testing on per- and poly-fluoroalkyl substances (PFAS) under EPA’s National PFAS Testing Strategy. The order requires the 3M Company* and Wacker Chemical Corporation to conduct and submit testing on the physical-chemical properties of NMeFOSE,** Chemical Abstract Service Reference Number: 24448-09-7, including testing on the health effects following its inhalation.

“Communities across the country need information about whether or not PFAS are in our air and water, and any health risks caused by these chemicals,” said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff. “This year, we’re continuing to use test orders to gather data about the health effects of PFAS so that we can take any necessary action to protect people and the environment.”

*The companies subject to the test order may either conduct the tests as described in the order, or provide EPA with existing information that they believe EPA did not identify in its search, but which satisfies the order requirements. Let the litigation begin. Previous litigation settlements on PFAS, including 3m,  have been in the billions of dollars.

**NMeFOSE has been used widely in products, including clothing and carpet treatments as well as furniture coatings such as paint and varnish. NMeFOSE has been found in the air and in biosolids, which are a byproduct of the water treatment processes often used on agricultural fields as fertilizer. Studies have also demonstrated that NMeFOSE can accumulate in indoor dust and air, as well as in outdoor environmental media.

“Most of the hundreds of PFAS currently in commerce have limited or no toxicity data, and if EPA attempts to research them one at a time, it will be impossible for EPA to expeditiously understand, let alone address, the risks these substances may pose to human health and the environment. To address this data gap and fundamentally advance our understanding of these substances, EPA’s Office of Chemical Safety and Pollution Prevention and Office of Research and Development have collaborated to develop this National PFAS Testing Strategy (Strategy) to deepen the understanding of the impacts of PFAS, including potential hazards to human health and the environment,” according to the EPA.

“Per- and polyfluoroalkyl substances are a class of thousands of synthetic chemicals found in many different consumer, commercial, and industrial products, including firefighting foams known as AFFF. Certain PFAS are alleged to cause kidney, testicular, and prostate cancer, and to be toxic to the reproductive system, and the number of claims grows daily,” according to the law firm of Gordon Rees Scully Mansukhani.

“After thoroughly examining existing hazard and exposure data, EPA has concluded that NMeFOSE may present an unreasonable risk of injury to health or the environment. The potential hazards from exposure to this chemical could include damage to the nervous system and immune system, as well as cancer. The test order will help EPA better understand the potential hazards and potential exposures associated with NMeFOSE,” EPA said today.

“The information EPA receives under this order will not only improve the Agency’s understanding of human health effects of NMeFOSE, but also potential health effects of more than 100 PFAS that are structurally similar to NMeFOSE and add to the agency’s overall understanding of this category of PFAS,” EPA said.

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