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The attorneys, scientists, regulatory specialists, and business consultants of Bergeson & Campbell, P.C. (B&C®) and our consulting affiliate The Acta Group (Acta®) relentlessly participate in and track developments regarding the global regulatory approach to PFAS. We offer this constantly updated library of PFAS resources to help those in the chemical and chemical products industry understand what they need to know and what it means to their business.
PFAS Summary – Bans, Restrictions, Reporting, and Minimizing Liability (download PDF)
Selected Regulatory Memoranda
- August 29, 2023
EPA Issues Third TSCA Test Order for PFAS - August 21, 2023
EPA Will Hold Webinar on Reviews of New PFAS and New Uses of Existing PFAS - August 21, 2023
EPA Releases Initial Nationwide Monitoring Data on 29 PFAS and Lithium - August 15, 2023
EPA’s Spring 2023 Unified Agenda Includes PFAS Rulemakings - August 7, 2023
Maine Invites Stakeholder Comment on Rule Concept Draft Language Prohibiting Sale of Food Packages Containing PFAS - July 31, 2023
Bipartisan Group of Representatives Calls on EPA to Assess the Risks of PFAS in Fluorinated Containers - July 21, 2023
EPA Extends Comment Period on Proposed SNURs for 18 Chemicals Made from Plastic Waste-Based Feedstocks
MORE Memoranda …
Articles
- Lynn L. Bergeson, “Expanding PFAS liability in the US,” Financier Worldwide, July 2023.
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. - Lynn L. Bergeson, “Maine Clarifies PFAS Product Reporting Requirements,” Chemical Processing, March 20, 2023.
On Feb. 14, 2023, the Maine Department of Environmental Protection (MDEP) announced a much-anticipated proposed rule intended to clarify the notification requirements and sales prohibitions for products and product components containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). This reporting requirement has generated attention given its broad scope and “first out of the gate” nature. This article contains a summary of the guidance. - Lynn L. Bergeson, “EPA Targets PFAS Cleanup,” Chemical Processing, September 23, 2022.
Cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are about to get a lot more expensive. The U.S. Environmental Protection Agency (EPA) announced on September 6, 2022, that it will propose to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two of the most widely used per- and polyfluoroalkyl substances (PFAS), as hazardous substances under CERCLA. The rulemaking would also require entities immediately to report releases of PFOA and PFOS that meet or exceed the reportable quantity (RQ). This article discusses the proposal. - Lynn L. Bergeson, “Due diligence in mergers and acquisitions involving chemical products,” Financier Worldwide, October 2022.
The scope of what diligence is due in any corporate transaction has evolved greatly over the past decade, particularly with respect to transactions involving chemical products. This article explains why the transition to chemical product due diligence has been slow and offers a few tips to help assess what diligence is due in corporate transactions involving chemical products.
MORE Articles …
Webinars/Podcasts/Seminars
- WEBINAR ON DEMAND — Preparing A PFAS Gameplan in the U.S., UK, and EU
During this one-hour webinar presented by Acta and EPPA, Meglena Mihova, Managing Partner of EPPA, a Brussels-based regulatory and public affairs consultancy; Richard E. Engler, Ph.D., Director of Chemistry, Acta; and Lynn L. Bergeson, President, Acta, discussed bans, restrictions, and reporting requirements for PFAS and the need to balance commercial imperatives with legal, commercial, and stewardship sensitivities.
- PODCAST — PFAS under REACH — A Conversation with Jane S. Vergnes, Ph.D., All Things Chemical® podcast, May 25, 2023
- WEBINAR ON DEMAND — TOP TSCA TOPICS: PFAS Cumulative Risk, NAMs, Risk Evaluations, CBI, and More
This one-hour webinar, presented by B&C, featured Anna B. Lowit, Ph.D., Senior Science Advisor, EPA Office of Pollution Prevention and Toxics (OPPT); Richard E. Engler, Ph.D., Director of Chemistry, B&C; and Lynn L. Bergeson, Managing Partner, B&C, discussing groundbreaking science policy initiatives in furtherance of implementation of TSCA and other consequential rulemakings involving PFAS reporting.
- WEBINAR ON DEMAND — Analyzing the EPA’s Proposal to List PFAS Chemicals as Hazardous Substances
This webinar, presented by the Environmental Law Institute (ELI) on January 30, 2023, reviewed what the designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) will mean for products regulation and for Superfund sites. A recording and materials are available to ELI members. - PODCAST — What to Expect in Chemicals Policy and Regulation in 2023 — A Conversation with Richard E. Engler, Ph.D., All Things Chemical® podcast, also available as a transcript, released January 19, 2023
- WEBINAR ON DEMAND — EPA PFAS Strategic Roadmap: Research Tools and Resources Webinar Archive
This webinar, recorded August 17, 2022, provides a brief overview of EPA’s PFAS Strategic Roadmap and ongoing efforts to address key PFAS research needs for environmental decision-making. ORD scientists highlight two recently released data sources: Systematic Evidence Maps for PFAS, and EPA’s PFAS Thermal Treatment Database.
- PODCAST — New PFAS: Is Anything NOT Reportable? — A Conversation with Richard E. Engler, Ph.D., All Things Chemical® podcast, also available as a transcript, released July 8, 2021
Other PFAS links
- EPA PFAS Resource Page
- PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024
- EPA PFAS Resources, Data and Tools
- EPA PFAS Analytic Tools
- EPA Press Releases Related to PFAS
- European Chemicals Agency (ECHA) PFAS Resource Page
- OECD (2022), Per- and Polyfluoroalkyl Substances and Alternatives in Coatings, Paints and Varnishes (CPVs), Report on the Commercial Availability and Current Uses, OECD Series on Risk Management, No. 70, Environment, Health and Safety, Environment Directorate, OECD.
- Minnesota Pollution Control Agency PFAS ban