EPA Issues Test Order for PFAS as Part of National Testing Strategy

On March 25, 2024,  the US Environmental Protection Agency (EPA) issued a fourth test order under the Toxic Substances Control Act (TSCA) to require testing for per- and polyfluoroalkyl substances (PFAS) as part of the National PFAS Testing Strategy. This is the latest step taken under EPA’s PFAS Strategic Roadmap. 

Test Order for NMeFOSE 

Under the terms of this action, Wacker Chemical Corporation and 3M Company are required to test 2-(N-Methylperfluoro-1-octanesulfonamido) ethanol (NMeFOSE) for physical and chemical properties, as well as potential inhalation health effects after. NMeFOSE is found in various products such as clothing, carpet treatments, furniture coatings, biosolids, and air. It can also be found in outdoor environmental media, indoor dust, and indoor air. 

After carefully reviewing available hazard and exposure data, EPA has determined that there may be an excessive risk of harm to human health or the environment from NMeFOSE. Cancer and damage to the immune and neurological systems are possible side effects of exposure to the chemical. The test order will assist EPA better understand the potential risks and exposures related to NMeFOS.                                                                                                                    
EPA encourages the companies to conduct the test together to avoid unnecessary duplication of tests. Companies covered by the test order have two options: either carry out the tests as specified in the order or provide any known information that meets the order's criteria. EPA will also consider potential combinations of tests to reduce the time, animals, and costs required.

                                                                                                             
The order goes into effect on March 25, 2024, and EPA must receive the results of all first-tier tests within one year to determine what additional tests are required. 

National PFAS Testing Strategy 

EPA is ordering tests for PFAS in categories where toxicity data are lacking to understand their potential effects on human health and the environment. The strategy aims to increase consideration of exposures and stakeholder input in determining which specific PFAS should be tested and improve their classification and universe. 

Section 4 Test Orders  

The TSCA Section 4 Order development process is complex and resource-intensive, involving a range of specialists to establish testing requirements, methodology, and financial impact estimates. EPA often covers multiple companies and their points of contact and resolves claims of confidential business information to increase transparency. This process involves identifying companies and their points of contact to ensure that EPA can effectively link the company to the chemical substance.