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On May 22, 2025, the Minnesota Pollution Control Agency (MPCA) held a public hearing on its “Proposed Permanent Rules Relating to PFAS in Products; Reporting and Fees” (proposed rule). Administrative Law Judge (ALJ) Jim Mortenson facilitated the hearing, which had more than 100 participants in attendance. MPCA has made available online the PowerPoint document used for the hearing presentation, the hearing exhibits, and a transcript of the hearing. Procedural Background The...
Archives
May 14, 2025
Lynn L. Bergeson, “EPA Outlines Actions to Address PFAS,” Chemical Processing, May 14, 2025.
On April 28, 2025, the U.S. Environmental Protection Agency (EPA) outlined upcoming agency action to address per- and polyfluoroalkyl substances (PFAS). According to EPA’s much anticipated announcement, “[i]n line with Administrator Zeldin’s Powering the Great American Comeback initiative, EPA’s work in this space will advance Pillar 1: Clean Air, Land, and Water for Every American, and Pillar 3: Permitting Reform, Cooperative Federalism, and Cross-Agency Partnership.” ...
The U.S. Environmental Protection Agency announced on May 12, 2025, an interim final rule that would extend the dates of the reporting period for data submitted on the manufacture of perfluoroalkyl or polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). Under the interim final rule, the data submission period would begin April 13, 2026, and end October 13, 2026. Small manufacturers reporting exclusively as article importers would have...
On April 28, 2025, the U.S. Environmental Protection Agency (EPA) outlined upcoming Agency action to address per- and polyfluoroalkyl substances (PFAS). According to EPA’s announcement, “[i]n line with Administrator Zeldin’s Powering the Great American Comeback initiative, EPA’s work in this space will advance Pillar 1: Clean Air, Land, and Water for Every American, and Pillar 3: Permitting Reform, Cooperative Federalism, and Cross-Agency Partnership.” EPA states that these actions...
April 29, 2025
PFAS Updates: What’s Happening in the U.S. and EU, May 13, 2025, 11:00 a.m. – 12:00 p.m. (EDT), via webinar
Register now to join The Acta Group (Acta®) and EPPA for “PFAS Updates: What’s Happening in the U.S. and EU,” a complimentary webinar offering expert updates on per- and polyfluoroalkyl substances (PFAS) regulatory developments. These substances are attracting global legal, regulatory, commercial, and litigation attention as no other “emerging contaminant” has. While the U.S. Administration is new, PFAS regulation continues at a rapid pace and U.S. state initiatives are evolving...
April 22, 2025
Comments on Minnesota’s Proposed Rule for Reporting Products Containing Intentionally Added PFAS Are Due May 21, 2025
With the January 1, 2026, reporting deadline fast approaching for reporting on products containing intentionally added per- and polyfluoroalkyl substances (PFAS), on April 21, 2025, the Minnesota Pollution Control Agency (MPCA) published a proposed rule intended to clarify the reporting requirements, specify how and what to report, and establish fees. Written comments on the proposed rule are due May 21, 2025, at 4:30 p.m. (CDT). On May 22, 2025, at 2:00...
April 11, 2025
New Mexico Will Phase Out Products Containing Intentionally Added PFAS and Require Reporting; Exemptions Include Fluoropolymers
On April 8, 2025, New Mexico Governor Michelle Lujan Grisham (D) signed the Per- and Poly-Fluoroalkyl Substances (PFAS) Protection Act (HB 212). Like Minnesota and Maine, New Mexico will begin phasing out certain consumer products containing intentionally added PFAS, defining PFAS as “a substance in a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.” In 2032, New Mexico will prohibit products containing intentionally added PFAS...
March 28, 2025
States Take Action to Regulate and Limit PFAS in Industrial Effluent Despite Federal Inaction
On January 21, 2025, the U.S. Environmental Protection Agency’s (EPA) proposed rule seeking to set effluent limitation guidelines for certain per- and polyfluoroalkyl substances (PFAS) under the Clean Water Act (CWA) was withdrawn from Office of Management & Budget (OMB) review following President Trump’s Executive Order implementing a regulatory freeze. Federal action may be halted, but states are beginning to enact legislation that seeks to address PFAS contained in industrial...
On March 5, 2025, Environment and Climate Change Canada (ECCC) announced the availability of its final State of Per- and Polyfluoroalkyl Substances (PFAS) Report (State of PFAS Report) and proposed risk management approach for PFAS, excluding fluoropolymers. The State of PFAS Report concludes that the class of PFAS, excluding fluoropolymers, is harmful to human health and the environment. To address these risks, on March 8, 2025, Canada published a proposed order that would add the...
March 14, 2025
PFAS Updates: What’s Happening in the U.S. and EU, May 13, 2025, 11:00 a.m. – 12:00 p.m. (EDT), via webinar
The Acta Group (Acta®) and EPPA were pleased to present “PFAS Updates: What’s Happening in the U.S. and EU,” a complimentary webinar offering expert updates on per- and polyfluoroalkyl substances (PFAS) regulatory developments. These substances are attracting global legal, regulatory, commercial, and litigation attention as no other “emerging contaminant” has. While the U.S. Administration is new, PFAS regulation continues at a rapid pace and U.S. state initiatives are evolving at an...
February 19, 2025
Lynn L. Bergeson, “The Cost of Cleanup: Preparing for PFAS remediation battles,” Corporate Disputes, January – March 2025.
In April 2024, the US Environmental Protection Agency (EPA) opened an enormous can of worms for entities even remotely association with the generation, transport, use or disposal of two legacy per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). In designating the PFAS as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the EPA greenlit the initiation of...
Bergeson & Campbell, P.C. (B&C®), its global consulting affiliate The Acta Group (Acta®), and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are pleased to share with you our 2025 Forecast. For all the reasons you might imagine, our seasoned team was especially challenged this year in speculating on what to expect in 2025 regarding global industrial, agricultural, and biocidal chemical regulatory and policy initiatives. Given the European Parliamentary...
On December 20, 2024, the Maine Department of Environmental Protection (MDEP) published a proposed rule regarding products containing intentionally added per- and polyfluoroalkyl substances (PFAS). The rule would establish criteria for currently unavoidable uses (CUU) of intentionally added PFAS in products and implement sales prohibitions and notification requirements for products containing intentionally added PFAS but determined to be a CUU. MDEP will hold a public hearing on January...
December 20, 2024
The PFAS Playbook: Strategies to Minimize Regulatory and Commercial Risk, March 11, 2025, 12:00 p.m. – 1:00 p.m. (EST)
ALI CLE presents “The PFAS Playbook: Strategies to Minimize Regulatory and Commercial Risk.” This comprehensive course, taught by Lynn L. Bergeson, President, Acta, will present actionable strategies to anticipate, manage, and mitigate risks tied to PFAS, including regulatory compliance, liability exposure, and reputational concerns....
December 20, 2024
Environmental Law 2025: Tackling the Issues in a Pivotal Year, February 20 – 21, 2025, Washington, D.C. and via webcast
ALI CLE presents “Environmental Law 2025: Tackling the Issues in a Pivotal Year,” a two-day program on what lies ahead in a pivotal year for environmental law and regulation. Lynn L. Bergeson, Managing Partner, B&C, will participate in the “Evolving Developments in the Regulation of PFAS” panel on February 20, 2025....
On December 5, 2024, the Senate Environment and Public Works (EPW) Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight held a hearing on “Examining the Public Health Impacts of PFAS Exposures.” The Subcommittee heard from the following witnesses (written testimony is not available at this time): Laurel Schaider, Ph.D., Senior Scientist, Environmental Chemistry and Engineering, Silent Spring Institute; Sue Fenton, Ph.D., Director of the Center...
December 6, 2024
Lynn L. Bergeson, “EPA Proposes Expanded Chemical Tracking for PFAS, Now What?,” Chemical Processing, December 6, 2024.
The number of per- and polyfluoroalkyl substances (PFAS) on the Toxics Release Inventory (TRI) list is expected to expand greatly. The U.S. Environmental Protection Agency (EPA) proposed on Oct. 8, 2024, to add 16 PFAS and 15 PFAS categories representing more than 100 individual PFAS subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) to comply with the National Defense Authorization Act for Fiscal Year 2020 (NDAA). The...
On November 20, 2024, the European Chemicals Agency (ECHA) and the authorities from Denmark, Germany, the Netherlands, Norway, and Sweden released a progress update on the process to restrict per- and polyfluoroalkyl substances (PFAS) in Europe. According to ECHA’s press release, the five authorities (Dossier Submitters) and ECHA’s scientific committees for Risk Assessment (RAC) and for Socio-Economic Analysis (SEAC) continue to consider more than 5,600 scientific and technical comments...
On November 18, 2024, the Minnesota Pollution Control Agency (MPCA) requested comments on planned rules governing reporting and fees paid by manufacturers upon submission of required information about products containing per- and polyfluoroalkyl substances (PFAS). MPCA notes that “[a]t this stage, we do not have a draft rule; we want your feedback to inform us about the ideas described under the Subject of Rules section.” Instead, the purpose of the current request for comments (RFC) is to...
On October 9, 2024, the U.S. Environmental Protection Agency (EPA) announced that it has issued its fifth Toxic Substances Control Act (TSCA) test order requiring testing on per- and polyfluoroalkyl substances (PFAS) under its National PFAS Testing Strategy. The order requires Innovative Chemical Technologies, The Chemours Company, Daikin America, Inc., Sumitomo Corporation of Americas, and E.I. Du Pont de Nemours and Company to conduct and submit testing on...