On June 20, 2025, the Organisation for Economic Co-operation and Development (OECD) published a report entitled Per- and Polyfluoroalkyl Substances (PFAS) and Alternatives in Hydraulic Oils and Lubricants: Report on Commercial Availability and Current Uses. The report examines the commercial availability and current uses of PFAS and non-PFAS alternatives in lubricants and hydraulic oils within the framework of the Global PFAS Group. OECD notes that it considered publicly available information...
Category: PFAS
June 27, 2025
MPCA Will Postpone January 1, 2026, Reporting Deadline On Products Containing Intentionally Added PFAS
This week the Minnesota Pollution Control Agency (MPCA) posted Parts One and Two of its response to pre-hearing and hearing comments. Part One states that 67 commenters submitted written comments on the April 2025 proposed rule. During the May 22, 2025, hearing on the proposed rule, 11 stakeholders presented verbal testimony. According to the document, MPCA has reviewed the comments and “has identified some parts of the proposed rule that require clarification, or that the agency would...
June 25, 2025
Environmental Regulation in Practice 2025: New Challenges and Controversies, September 3, 2025, via webinar
The Practising Law Institute presents Environmental Regulation in Practice 2025, analyzing evolving regimes around environmental disclosures and sustainability reporting, the regulatory and economic impacts of Trump’s Energy Dominance Agenda, and the latest developments in PFAS litigation and regulation, among other critical developments. Lynn L. Bergeson, Managing Partner, B&C, will present.
Register Now For “TSCA Reform – Nine Years Later” Virtual Conference, 8:30 a.m. – 4:30 p.m. (EDT), June 25, 2025: Complimentary registration is now open for this dynamic virtual conference providing updates and insights regarding the current state of Toxic Substances Control Act (TSCA) implementation, ongoing and emerging issues, and related developments. As with our previous TSCA anniversary events, a stellar faculty of speakers from government, non-governmental organizations, industry,...
On May 27, 2025, the U.S. Department of Defense (DOD) issued a request for information (RFI) to gather information to identify and assess critical applications for DOD and the defense industrial base (DIB) that necessitate the use of existing chemicals undergoing the U.S. Environmental Protection Agency’s (EPA) Toxic Substances Control Act (TSCA) Section 6 risk evaluation process. The RFI states that it will help the Office of the Assistant Secretary of Defense for Energy,...
The Washington Department of Ecology (WDOE) issued a proposed rule on June 4, 2025, that would regulate per- and polyfluoroalkyl substances (PFAS) in certain consumer products. Beginning January 1, 2027, the proposed rule would prohibit the intentional use of PFAS in: Apparel and accessories; Automotive washes; and Cleaning products. The proposed rule states that WDOE would presume the detection of total fluorine indicates the intentional addition of PFAS. Manufacturers would be able to rebut...
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 pre-hearing public...
May 28, 2025
Chemical Coalition Withdraws TSCA Section 21 Petition Seeking Revisions to TSCA 8(a)(7) PFAS Reporting Rule
As reported in our May 4, 2025, blog item, on May 2, 2025, a coalition of chemical companies petitioned the U.S. Environmental Protection Agency (EPA) for an amendment of the Toxic Substances Control Act (TSCA) Section 8(a)(7) rule requiring reporting for per- and polyfluoroalkyl substances (PFAS). The petitioners ask that EPA revise the reporting rule to exclude imported articles, research and development (R&D) materials, impurities, byproducts, non-isolated intermediates, and PFAS...
Per- and polyfluoroalkyl substances (PFAS) remain a top concern for regulators and the public alike. While federal regulators continue to lay the groundwork for a comprehensive response, including through the PFAS Strategic Roadmap, states are increasingly positioning themselves as policy innovators in this space. The recent announcement that the U.S. Environmental Protection Agency (EPA) will issue additional guidance and extend the compliance deadline for the Toxic Substances Control Act...
On May 5, 2025, the U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) issued a consent agreement and final order between EPA and Cytonix, LLC (Cytonix). According to the consent agreement, in 2022, EPA inspectors discovered Cytonix’s potential noncompliance with requirements under Section 5 of the Toxic Substances Control Act (TSCA) for a manufactured chemical substance consisting of short-chain polyfluorinated materials (Chemical A) that was developed as a...