All Knowledge & Insights By Date

During the United Kingdom (UK) Chemicals Stakeholder Forum’s (UKCSF) July 20, 2023, meeting, UKCSF received updates from the Department for Environment, Food and Rural Affairs (Defra) and the Health and Safety Executive (HSE) on UK REACH. According to the UKCSF Chemicals policy and regulation update, Defra, along with Welsh and Scottish governments, worked with HSE, the Environment Agency, and a wide range of stakeholders, including non-governmental organizations (NGO) and trade associations,...

The U.S. Environmental Protection Agency (EPA) announced on June 29, 2023, a new framework (the Framework) for addressing new per- and polyfluoroalkyl substances (PFAS) and new uses of existing PFAS. The Framework outlines EPA’s planned approach when reviewing new PFAS and new uses of PFAS to ensure that, before these chemicals are allowed to enter into commerce, EPA will undertake an extensive evaluation to ensure they pose no harm to human health and the environment....

Few words inspire the panic that ‘polyfluoroalkyl substance (PFAS)’ does. Companies producing, processing, distributing and using (whether knowingly or not) these substances must be aware of expanding legal liability and take steps now to minimise risk. This article outlines key US per- and PFAS developments, the legal and commercial implications of these developments, and measures stakeholders should consider taking to limit liability....

10:00 a.m. - 11:00 a.m. (EDT)4:00 p.m. - 5:00 p.m. (CEST)REGISTER NOW Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are attracting global legal, regulatory, commercial, and litigation attention as no other “emerging contaminant” has. Companies producing, processing, distributing, and/or using these substances must be aware of these global legal developments and take steps now to minimize legal, regulatory, and commercial risk.In the...

The Health and Safety Executive (HSE) has proposed to include three substances in the rolling action plan (RAP) for 2023 to 2025. HSE states that it has “sought to complement rather than replicate evaluation work that has been or will be performed by other regulatory regimes” (such as via the European Union’s (EU) Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation). According to HSE, its intention is to increase its overall...

On May 30, 2023, the U.S. Environmental Protection Agency (EPA) announced it has taken additional steps in addressing concerns that per- and polyfluoroalkyl substances (PFAS) have been found in pesticide products. As part of its ongoing efforts, EPA has completed its verification analysis of a study published in September 2022 in the Journal of Hazardous Materials entitled “Targeted analysis and Total Oxidizable Precursor assay of several insecticides for PFAS.”...

On May 20, 2023, Canada published a Canada Gazette notice announcing the availability of its Draft State of Per- and Polyfluoroalkyl Substances (PFAS) Report (Draft Report). Canada proposes to conclude that the class of PFAS meets one or more criteria set out in Section 64 of the Canadian Environmental Protection Act, 1999 (CEPA). According to the notice, the Minister of the Environment and the Minister of Health (the ministers) propose to recommend...

The U.S. Environmental Protection Agency (EPA) announced on May 16, 2023, that it will propose amendments to the new chemicals procedural regulations under the Toxic Substances Control Act (TSCA). According to the pre-publication version of the proposed rule, the amendments are “intended to align the regulatory text with the amendments to TSCA’s new chemicals review provisions contained in the [2016] Frank R. Lautenberg Chemical Safety for the 21st Century Act...

On May 3, 2023, the Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies held a hearing on “A Review of the President’s Fiscal Year 2024 Budget Request for the Environmental Protection Agency.” On May 10, 2023, the House Energy and Commerce Subcommittee on Environment, Manufacturing, and Critical Materials held a hearing on “The Fiscal Year 2024 Environmental Protection Agency Budget.” For each Subcommittee, Michael S. Regan, Administrator of the U.S....

On May 10, 2023, the Northeast Waste Management Officials’ Association, Inc. (NEWMOA) held a webinar to provide an overview and discuss the provisions of its PFAS Draft Model Legislation (draft model) that is intended to reduce the use of per- and polyfluoroalkyl substances (PFAS) in consumer products. Viewers had the opportunity to ask questions and provide comments regarding the draft. NEWMOA invites the submission of public comments until June 29, 2023,...

The European Chemicals Agency (ECHA) published on May 3, 2023, the Question and Answer (Q&A) document following the April 5, 2023, online information session on the proposal to restrict more than 10,000 per- and polyfluoroalkyl substances (PFAS) under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation. As reported in our April 7, 2023, memorandum, national authorities of Denmark, Germany, the Netherlands, Norway, and Sweden submitted the proposal...

The U.S. Environmental Protection Agency (EPA) published an advance notice of proposed rulemaking (ANPRM) on April 13, 2023, seeking information to assist in the consideration of potential development of future regulations pertaining to per- and polyfluoroalkyl substances (PFAS) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). 88 Fed. Reg. 22399. EPA states that it seeks input and data regarding potential future hazardous substance designation under...

On April 4, 2023, the Health and Safety Executive (HSE) published a regulatory management options analysis (RMOA) for per- and polyfluoroalkyl substances (PFAS). The RMOA is a preliminary step used within the UK Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) framework. The RMOA collates, combines, and analyzes information on the nature and extent of exposure to chemical substances, and it considers existing laws and also how PFAS are being managed around the world,...

On April 5, 2023, the European Chemicals Agency (ECHA) convened an online information session as part of the consultation period regarding the proposal to restrict more than 10,000 per- and polyfluoroalkyl substances (PFAS) under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation. The speakers during the information session explained how the REACH restriction process works, provided details regarding the restriction proposal, and described how...

The Senate Committee on Environment and Public Works held a hearing on March 22, 2023, on the U.S. Environmental Protection Agency’s (EPA) fiscal year (FY) 2024 budget proposal. EPA Administrator Michael Regan was the Committee’s only witness. In his written testimony, Regan notes that EPA has “significant responsibilities” under amendments to the Toxic Substances Control Act (TSCA) to ensure the safety of chemicals in or entering commerce and to...

On March 14, 2023, the U.S. Environmental Protection Agency (EPA) held the first of two public listening sessions to receive individual input related to concerns about potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). According to EPA’s March 2, 2023, press release, EPA will review and consider the input received in drafting a “CERCLA per- and polyfluoroalkyl substances (PFAS) enforcement discretion and settlement policy to the...

On March 14, 2023, the U.S. Environmental Protection Agency (EPA) announced that it will propose the first-ever national drinking water standard for six per- and polyfluoroalkyl substances (PFAS) in the latest action under EPA’s PFAS Strategic Roadmap. The proposed National Primary Drinking Water Regulation (NPDWR) would regulate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as individual contaminants and will regulate four other PFAS --...

On February 27, 2023, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited public comment on two draft documents that are being submitted to the Science Advisory Committee on Chemicals (SACC) for peer review: “Draft Proposed Principles of Cumulative Risk Assessment under the Toxic Substances Control Act” (draft proposed principles) and “Draft Proposed Approach for Cumulative Risk Assessment of High-Priority Phthalates and a Manufacturer-Requested...

On February 14, 2023, the Maine Department of Environmental Protection (MDEP) announced a much anticipated proposed rule intended to provide additional guidance on the notification requirements and sales prohibitions for products and product components containing intentionally added per- and polyfluoroalkyl substances (PFAS). MDEP will hold a public hearing on April 20, 2023. Comments are due May 19, 2023, by 5:00 p.m. (EDT)....

On February 7, 2023, the European Chemicals Agency (ECHA) announced the availability of a much anticipated detailed proposal to restrict more than 10,000 per- and polyfluoroalkyl substances (PFAS) under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation. The national authorities of Denmark, Germany, the Netherlands, Norway, and Sweden (dossier submitters) submitted the proposal after finding risks in the manufacture, placement on the...