Archives

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...
November 20, 2024

ECHA and Five National Authorities Issue Progress Update on REACH Restriction

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...
November 20, 2024

MPCA Requests Comments on Planned PFAS in Products Reporting and Fee Rule

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...
November 4, 2024

EPA Issues Fifth Test Order for a PFAS

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...
November 1, 2024

Lynn L. Bergeson, “EPA Extends PFAS Reporting Deadline to 2026,” Chemical Processing, November 1, 2024.

We heard a loud, collective sigh of relief when the U.S. Environmental Protection Agency (EPA) unexpectedly published a direct final rule on Sept. 5, delaying the Toxic Substances Control Act (TSCA) perfluoroalkyl and polyfluoroalkyl substances (PFAS) reporting deadline by an additional eight months.  The rule delayed the deadline from May 8, 2025, to January 11, 2026. For any company reporting exclusively as an article importer and is also considered a small manufacturer, the...
November 1, 2024

RAC and SEAC Will Continue to Evaluate Proposed PFAS Restriction in 2025

According to the European Chemicals Agency’s (ECHA) September 2024 summary of the current status of the scientific evaluation of the proposal to restrict per- and polyfluoroalkyl substances (PFAS), ECHA’s Scientific Committees for Risk Assessment (RAC) and Socio-Economic Analysis (SEAC) are continuing to evaluate the 2023 proposal to restrict more than 10,000 PFAS under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation. According to the summary, RAC...
October 17, 2024

EPA Proposes to Add 16 PFAS and 15 PFAS Categories to the TRI List of Chemicals

The U.S. Environmental Protection Agency (EPA) proposed on October 8, 2024, to add 16 individual per- and polyfluoroalkyl substances (PFAS) and 15 PFAS categories representing more than 100 individual PFAS to the Toxics Release Inventory (TRI) list of toxic chemicals 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). 89 Fed. Reg. 81776....
October 9, 2024

EPA Seeks Public Comment on Manufacture of Certain PFAS during Fluorination of HDPE and Other Plastic Containers

On September 30, 2024, the U.S. Environmental Protection Agency (EPA) requested public comment on the manufacture of certain per- and polyfluoroalkyl substances (PFAS), including perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), and perfluorodecanoic acid (PFDA), during the fluorination of high-density polyethylene (HDPE) and other plastic containers to inform regulations as appropriate under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 79581. EPA notes that this request for...
October 2, 2024

Lynn L. Bergeson, “Canada Announces PFAS Mandatory Survey,” Chemical Processing, October 2, 2024.

Canada recently joined a growing list of countries requiring the reporting of certain information on the manufacture, import and use of specific per- and polyfluoroalkyl substances (PFAS). On July 27, 2024, Canada’s Minister of the Environment published a Canada Gazette notice announcing a mandatory survey to obtain information on 312 listed PFAS. Canada’s “Guidance manual for responding to the: Notice with respect to certain per- and polyfluoroalkyl substances...
September 19, 2024

Lynn L Bergeson, “PFAS Risk and the Role of the Corporate Fiduciary,” Corporate Disputes Magazine, October 2024.

Corporate entities are feeling the heat per-and poly fluoroalkyl substances (PFAS) are generating. PFAS manufacturers are being sued in record numbers in the US based on novel legal theories involving personal injury tort claims, product liability, environmental damage and fraud among other things. Heightened legal activity in other jurisdictions, including the UK and the European Union (EU), is expected. Manufacturers of products containing PFAS, and their downstream users, are also becoming...