"The outcome of a Chemours Co. lawsuit challenging a PFAS health advisory the EPA set for drinking water could affect cleanups, public health, and regulatory processes, attorneys said in recent interviews.
The lawsuit focuses on a particular PFAS used to make a type of chemical, perfluoroalkoxy alkanes (PFA), important to the semiconductor industry. PFA is critical to the Chips Act’s goal of building domestic sources of materials for chip producers, according to technical analyses of materials semiconductor manufacturers use and other reporting.
Chemours has asked the US Court of Appeals for the Third Circuit to vacate a 10 parts per trillion (10 ppt) health advisory that the EPA set last year for the PFAS, hexafluoropropylene oxide (HFPO) dimer acid, and its ammonium salt.
The Environmental Protection Agency’s response is due June 26, but the agency has already told the court the case should be dismissed because health advisories are not regulations, not final actions, and not subject to judicial review."