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
- October 24, 2023
EPA Will Add PFAS Subject to TRI Reporting to List of Chemicals of Special Concern
- October 18, 2023
California Attorney General Issues Enforcement Advisory Letter to Warn Companies of Responsibility to Disclose Presence of PFAS
- October 13, 2023
Uhlmann Confirms EPA Will Not Pursue PFAS Enforcement Actions against Farmers, Public Airports, and Municipal Wastewater Facilities
- October 11, 2023
California Governor Vetoes Bill Banning PFAS from Cleaning Products, Floor Sealers, and Floor Finishes
- October 5, 2023
Minnesota Requests Comments on Planned New Rules Governing PFAS in Products Reporting and PFAS in Products Fees
- October 3, 2023
EPA Releases Final TSCA Section 8(a)(7) Reporting Rule for PFAS
MORE Memoranda …
- Lynn L. Bergeson, “Reporting PFAS: reporting burden is the least of businesses’ worries,” Financier Worldwide, December 2023.
Ask just about anyone doing business in the US making or importing products that contain chemicals what they think about the US Environmental Protection Agency’s (EPA’s) new per- and polyfluoroalkyl substance (PFAS) reporting rule, and you will get a decidedly grumpy response. Granted, no businessperson welcomes any new chemical reporting obligation, but by any standard, the EPA’s 11 October 2023 final PFAS reporting rule is problematic and is inviting uniquely scathing criticism.
- Lynn L. Bergeson, “EPA Issues Final Rule on TSCA PFAS Reporting Requirements,” Chemical Processing, October 16, 2023.
On September 28, 2023, the U.S. Environmental Protection Agency (EPA) released its long-overdue final rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The rule requires reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). As discussed in this article, the final rule is not what many of us expected nor wanted.
- Lynn L. Bergeson, “EPA Rolls Out New PFAS Framework,” Chemical Processing, August 16, 2023.
The U.S. Environmental Protection Agency (EPA) announced on June 29, 2023, a new regulatory framework for addressing new per- and polyfluoroalkyl substances (PFAS) and new uses of existing PFAS. The framework outlines the EPA’s planned approach when reviewing these chemicals to ensure that, before they are allowed to enter commerce, they meet the safety standard under Section 5 of the Toxic Substances Control Act (TSCA). This article explains the significance of this development.
- 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.
MORE Articles …
Other PFAS links
- PODCAST — TSCA Reform — Seven Years Later: Per- and Polyfluoroalkyl Substances (PFAS) Session, All Things Chemical® podcast and recording from the TSCA Reform — Seven Years Later conference, sponsored by B&C, the Environmental Law Institute, and the George Washington University Milken Institute of Public Health, November 2, 2023
- 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, 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, released July 8, 2021
- 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