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.
EPA and Other Agency PFAS links:
- Recording, transcripts, and slides from EPA webinar “TSCA Section 8(a)(7) Rule: Reporting and Recordkeeping Requirements for PFAS” held January 25, 2024
- EPA PFAS Resource Page
- EPA List of PFAS for TSCA Section 8(a)(7) Rule
- PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024
- EPA PFAS Strategic Roadmap: Research Tools and Resources Webinar Archive
- EPA PFAS Resources, Data and Tools
- EPA PFAS Analytic Tools
- EPA Press Releases Related to PFAS
- European Chemicals Agency (ECHA) PFAS Resource Page
- OECD Portal on Per- and Polyfluoroalkyl Substances (PFAS)
- Minnesota Pollution Control Agency PFAS ban
B&C RESOURCES:
PFAS Summary – Bans, Restrictions, Reporting, and Minimizing Liability (download PDF)
Selected Regulatory Memoranda
- November 20, 2024
MPCA Requests Comments on Planned PFAS in Products Reporting and Fee Rule - November 4, 2024
EPA Issues Fifth Test Order for a PFAS - October 17, 2024
EPA Proposes to Add 16 PFAS and 15 PFAS Categories to the TRI List of Chemicals - October 9, 2024
EPA Seeks Public Comment on Manufacture of Certain PFAS during Fluorination of HDPE and Other Plastic Containers - October 1, 2024
White House OSTP Releases PFAS Federal R&D Strategic Plan - May 9, 2024
EPA Issues First-Ever Drinking Water Standards for PFAS - January 30, 2024
EPA Holds Webinar on PFAS Reporting Rule Requirements
Selected Articles
- Lynn L. Bergeson, “EPA Extends PFAS Reporting Deadline to 2026,” Chemical Processing, November 1, 2024.
We heard a loud, collective sigh of relief when EPA unexpectedly published a direct final rule on Sept. 5, delaying the TSCA PFAS reporting deadline by an additional eight months. As discussed in this article, this is welcome news, and entities subject to the reporting obligation are urged to use the additional time wisely. - 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 PFAS” states that the purpose of the notice is to collect information on certain PFAS substances, either alone or in mixtures, products or manufactured items in Canadian commerce for the calendar year 2023. Canada intends to use the information to establish baseline commercial use data and support future activities related to the class of PFAS. - 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 embroiled in lawsuits, including restaurants that use PFAS-containing food wrappers, packagers of products and large retailers of products containing PFAS. All this litigation, risk management and finger pointing begs the question: what is the role of corporate fiduciaries in PFAS risk management? This article explores this important question.
Webinars/Podcasts/Seminars
- PODCAST — Canada Proposes Exclusion of Fluoropolymers from PFAS — A Conversation with W. Scott Thurlow, All Things Chemical® podcast, August 15, 2024
- WEBINAR ON DEMAND — Determining PFAS Content in Your Supply Chain and Expanding Data Collection Practice
During this one-hour webinar, Richard E. Engler, Ph.D., Director of Chemistry, B&C, and Lynn L. Bergeson, Managing Partner, B&C, reviewed what PFAS are reportable, what information is due and by when, why finished product importers are on the hook for reporting, why there is a 12-year look-back, and the all-important topic of how much diligence is due before concluding information is “not known or reasonably ascertainable.” - PODCAST — TSCA Section 8(a)(7) PFAS Reporting Rule — A Conversation with Richard E. Engler, Ph.D., All Things Chemical® podcast, March 7, 2024
- 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