Archives

May 15, 2025

When States Step In: PFAS Policy Innovation or Fragmentation?

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...
May 15, 2025

EAB Issues Consent Agreement and Final Order for TSCA Section 5 Violations

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...
May 15, 2025

U.S. State PFAS Initiatives — A Conversation with Richard E. Engler, Ph.D. and Carla N. Hutton

This week, I discuss with my colleagues, Carla N. Hutton, Senior Regulatory Analyst for B&C, and Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, the ever-expanding and complicated scope of per- and polyfluoroalkyl substances (PFAS) regulation in the United States. We convened a webinar on this topic in mid-May and attracted a record-breaking 1000+ registrants, suggesting to us that PFAS continues to be a topic of...
May 14, 2025

Lynn L. Bergeson, “EPA Outlines Actions to Address PFAS,” Chemical Processing, May 14, 2025.

On April 28, 2025, the U.S. Environmental Protection Agency (EPA) outlined upcoming agency action to address per- and polyfluoroalkyl substances (PFAS). According to EPA’s much anticipated announcement, “[i]n line with Administrator Zeldin’s Powering the Great American Comeback initiative, EPA’s work in this space will advance Pillar 1: Clean Air, Land, and Water for Every American, and Pillar 3: Permitting Reform, Cooperative Federalism, and Cross-Agency Partnership.” ...
May 12, 2025

EPA Postpones TSCA PFAS Reporting Period to April 2026

The U.S. Environmental Protection Agency announced on May 12, 2025, an interim final rule that would extend the dates of the reporting period for data submitted on the manufacture of perfluoroalkyl or polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). Under the interim final rule, the data submission period would begin April 13, 2026, and end October 13, 2026. Small manufacturers reporting exclusively as article importers would have until April 13, 2027, to...
May 9, 2025

Lynn L. Bergeson Quoted in Inside PFAS Policy Article “Industry Urges EPA To Limit State PFAS Actions, But Lawyers Say It’s Unlikely”

On May 9, 2025, comments by Lynn L. Bergeson were featured in Inside PFAS Policy’s article regarding an industry push to have the U.S. Environmental Protection Agency (EPA) regulate perfluoroalkyl and polyfluoroalkyl substances (PFAS), in a way that would preempt state regulations of the chemicals. Lynn Bergeson, counsel for law firm Bergeson & Campbell, told Inside PFAS Policy that although there is a pathway to preemption under TSCA, it would be a “laborious one,” and she is...
May 7, 2025

Maine Updates PFAS in Products Web Page, Includes Instructions for Submitting a CUU Proposal

The Maine Department of Environmental Protection (MDEP) updated its web page on per- and polyfluoroalkyl substances (PFAS) in products on May 2, 2025. The updated page includes links to the April 2025 final rule on products containing PFAS, instructions for submitting a currently unavoidable use (CUU) proposal, and frequently asked questions (FAQ). The FAQs address several questions related to CUU determinations, including: As reported in our April 11, 2025, blog item, CUU proposals are due...
May 4, 2025

Navigating the Regulatory Crossroads: Chemical Policy in Trump’s First 100 Days

President Donald Trump’s initial 100 days in office during his second term have marked a significant shift in the United States’ approach to chemical regulation, emphasizing deregulation and industry facilitation over more traditional environmental and public health safeguards. President Trump’s actions, inactions, and policy choices during his first 100 days seem to have come at a cost, as polls show his approval rating has decreased to 39 percent, an 80-year low for a...
May 4, 2025

Chemical Companies Petition EPA to Amend TSCA Section 8(a)(7) PFAS Reporting Rule

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). Filed under TSCA Section 21 and the February 19, 2025, Executive Order on Ensuring Lawful Governance and Implement the President’s “Department of Government Efficiency” Deregulatory Initiative, the petition states that EPA’s October...
May 1, 2025

Catherina Narigon Quoted in Bloomberg Law Article “PFAS in Fertilizer From Sewage Spurs State Control Efforts”

On May 1, 2025, comments by Catherina Narigon, Associate with B&C, were featured in Bloomberg Law’s article regarding state actions being taken to address per- and polyfluoroalkyl substances (PFAS) contained in biosolids.  Industrial effluent and other source control laws that place financial responsibility on industry and corporate entities—rather than on state or local government funding, utilities, or end users—are attractive and likely effective state strategies, said...