October 18, 2023

California Attorney General Issues Enforcement Advisory Letter to Warn Companies of Responsibility to Disclose Presence of PFAS

California Attorney General Rob Bonta announced the release of an enforcement advisory letter on October 17, 2023, to manufacturers, distributors, and sellers of food packaging and cookware, alerting them to their obligations under AB 1200, a recently enacted statute that restricts the presence of per- and polyfluoroalkyl substances (PFAS) in food packaging and imposes labeling disclosure requirements for cookware. Bonta also issued a consumer alert with tips for reducing PFAS exposures. The...
October 13, 2023

Uhlmann Confirms EPA Will Not Pursue PFAS Enforcement Actions against Farmers, Public Airports, and Municipal Wastewater Facilities

The American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER) is holding its 31st fall conference October 11-13, 2023, in Washington, D.C. On October 12, 2023, in his remarks at the conference, David Uhlmann, Assistant Administrator for the U.S. Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA), stated that EPA will not pursue per- and polyfluoroalkyl substances (PFAS) enforcement actions against farmers who used biosolids,...
October 12, 2023

ACC Submits Notice of Intent to File Suit for EPA to Complete Manufacturer-Requested Risk Evaluations for DINP and DIDP

The American Chemistry Council (ACC) announced on September 20, 2023, that together with the Texas Chemical Council, it submitted a 60-day notice of intent to file suit for the U.S. Environmental Protection Agency’s (EPA) failure to complete manufacturer-requested risk evaluations (MRRE) for diisononyl phthalate (DINP) and diisodecyl phthalate (DIDP) under the Toxic Substances Control Act (TSCA). ACC states that EPA failed to complete the MRREs by TSCA’s mandatory deadline of three years and...
October 11, 2023

California Governor Vetoes Bill Banning PFAS from Cleaning Products, Floor Sealers, and Floor Finishes

On October 8, 2023, California Governor Gavin Newsom (D) announced that he vetoed a number of bills, including AB 727, which would prohibit, by 2026, the manufacture, distribution, or sale of cleaning products that contain intentionally added per- or polyfluoroalkyl substances (PFAS), and would apply this ban, by 2028, to floor sealer or floor finish products. Newsom’s veto message notes that the bill is one of three single-product chemical bans passed by the legislature to...
October 10, 2023

EPA Will Launch New Substantiation Functionality in TSCA Applications in CDX

The U.S. Environmental Protection Agency (EPA) announced on October 6, 2023, that it is deploying application updates, supporting new requirements under the Toxic Substances Control Act (TSCA) Confidential Business Information (CBI) Procedural Rule, within its electronic reporting site Central Data Exchange (CDX). EPA states that the deployments will update the applications requiring CBI substantiations to be provided within the application instead of requiring substantiation documents/templates...
October 6, 2023

EPA Announces 2023 Safer Choice Partner of the Year Award Winners

On October 2, 2023, the U.S. Environmental Protection Agency (EPA) announced 30 Safer Choice Partner of the Year award winners, recognizing their achievements in the design, manufacture, and the selection and use of cleaners, detergents, and other products with safer chemicals. EPA states that the Safer Choice program helps consumers and purchasers of facilities, such as schools and office buildings, find cleaning and other products containing chemical ingredients that are safer alternatives for...
October 5, 2023

Minnesota Requests Comments on Planned New Rules Governing PFAS in Products Reporting and PFAS in Products Fees

The Minnesota Pollution Control Agency (MPCA) published two Requests for Comments (RFC) on two planned per- and polyfluoroalkyl substances (PFAS) rulemakings in the September 25, 2023, State Register, the PFAS in Products Reporting Rule (Revisor ID Number R-4828) and the PFAS in Products Fees Rule (Revisor ID Number R-4827). Comments on the RFCs are due by 4:30 p.m. (CST) on Tuesday, November 28, 2023....
October 3, 2023

EPA Adds Ten Chemicals to Safer Chemical Ingredients List

The U.S. Environmental Protection Agency (EPA) announced on September 29, 2023, that it is adding ten chemicals to the Safer Chemical Ingredients List (SCIL). EPA describes the SCIL as “a living list of chemicals that EPA’s Safer Choice program has evaluated and determined meet Safer Choice criteria.” With this update, the SCIL includes a total of 1,071 chemicals that are “among the safest for their functional use.” According to EPA, the SCIL provides increased transparency...
September 29, 2023

GAO Releases Report on Detecting, Limiting Exposure to, and Treating PFAS Contamination

The U.S. Government Accountability Office (GAO) publicly released a report on September 27, 2023, entitled “Persistent Chemicals: Detecting, Limiting Exposure To, and Treating PFAS Contamination.” According to GAO, examples of how per- and polyfluoroalkyl substances (PFAS) enter the environment include: GAO’s recommendations, published in earlier reports, include: GAO states that it has ongoing work examining public water systems’ implementation of PFAS treatment methods and efforts to...
September 25, 2023

ECHO Releases Updated Version of PFAS Analytic Tools

The U.S. Environmental Protection Agency (EPA) announced on September 21, 2023, that the Office of Compliance within the Office of Enforcement and Compliance Assurance has released an updated version of the Per- and Polyfluoroalkyl Substances (PFAS) Analytic Tools. The tools are hosted on EPA’s Enforcement and Compliance History Online (ECHO) website. EPA states that the data visualization tools enable users to evaluate what is known about PFAS manufacturing, releases, and occurrence in...