A coalition of food safety and agricultural groups are asking the Environmental Protection Agency to ban the use of fluorinated high density polyethylene and polypropylene containers in pesticide storage, adding to pressure on the agency to regulate.
The July 22 petition from the Center for Food Safety and others asks EPA to use federal pesticide laws to restrict fluorination coating of the containers, as one of five steps to limit environmental exposure from per- and polyfluoroalkyl substances in pesticides.
This request comes after EPA earlier in July said it would open a rulemaking on whether it should use another federal statute, the Toxic Substances Control Act, to also regulate fluorination coating of plastic containers. Fluorination of plastic containers creates a barrier on the plastic’s surface and increases packaging strength.
The new petition asks EPA to use the Federal Insecticide, Fungicide, and Rodenticide Act to limit fluorination of plastic pesticide containers, along with limiting PFAS as a pesticide ingredient and adopting a broader definition of PFAS chemicals.
The Center for Food Safety said PFAS that leaches from the containers can contaminate farmland.
"Fluorinated HDPE containers used for storage contaminate pesticides with PFAS. EPA has found eight different PFAS in HDPE containers in two separate studies, including PFOA, PFBA, PFPeA, PFHxA, PFHpA, PFNA, PFDA, and PFUdA," the petition said. "These containers can also leach hexafluoropropylene oxide dimer acid, a replacement for PFOA."
"EPA has concluded that, while PFAS were not intentionally added to the HDPE containers, the fluorination process produced PFAS — the same process commonly used to treat polypropylene containers," the center said. "As a result, the agricultural application of pesticides containing PFAS not only increases the risk of bioaccumulation in the crops and the soil and, in turn, dietary exposure for the public and wildlife, but also further contaminates the environment through aerial drift and runoff."
The petition said EPA began working on draft guidance on the proper disposal of fluorinated HDPE pesticide containers nearly five years ago, but never published the document over concerns it would conflict with FIFRA regulations on pesticide containers.
But the groups say EPA needs to act now.
"While the Biden Administration has taken steps to address PFAS contamination in other areas, the EPA has allowed these forever chemicals to be used on our nation's food supply, public playgrounds, school lawns, and backyard gardens unabated," said Sylvia Wu, attorney for food center and counsel for the petitioners. "We call on the administration today to live up to its commitment to protect communities and the environment and swiftly end the use of PFAS in pesticides."
EPA's July announcement on the TSCA rulemaking and the new petition asking it to regulate under FIFRA, come after a federal appeals court in March slapped back EPA's attempt to order fluorination coating firm Inhance Technologies LLC to stop its manufacturing.
The court ruled that EPA exceeded its authority in using TSCA to issue a quick enforcement order against Inhance and its process of coating plastic bottles. But it ruled the EPA could use other TSCA provisions that will take longer to implement, leading to EPA's announcement earlier this month.
Inhance said after EPA's mid-July announcement that it welcomed the longer-term EPA review and said it was confident that the agency would conclude there's no unreasonable risk from container fluorination.
Inhance said the amount of PFAS unintentionally formed by container fluorination is miniscule compared to other sources of PFAS.