All Knowledge & Insights By Date

The U.S. Department of Defense (DOD) has published a July 2025 report entitled Update on Critical Per- and Polyfluoroalkyl Substance Uses. House Report 118-121, which accompanied the 2024 DOD appropriations bill (H.R. 4365), requested the Secretary of Defense “to submit a report to the congressional defense committees to coordinate with relevant agencies, industries, and academia to research alternatives to defense critical uses of per- and polyfluoroalkyl substances (PFAS).” The report...

The Minnesota Pollution Control Agency (MPCA) announced on July 23, 2025, that it will extend the January 1, 2026, deadline for reporting products containing intentionally added per- and polyfluoroalkyl substances (PFAS) to July 1, 2026. MPCA states that it is using its existing statutory authority to move the reporting due date. MPCA notes that with the extension to July 1, 2026, manufacturers will have had three full years since the enactment of Amara’s Law to prepare to report on PFAS in...

As reported in our April 11, 2025, blog item, applications for currently unavoidable use determinations for products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) and scheduled to be prohibited in Maine on January 1, 2026, were due June 1, 2025. The agenda for the July 17, 2025, meeting of the Maine Board of Environmental Protection (MBEP) includes a proposed amendment to Chapter 90: Products Containing PFAS. According to the Maine Department of...

The Minnesota Pollution Control Agency (MPCA) announced recently that it will postpone the Jan. 1, 2026, reporting deadline on products containing intentionally added per- and polyfluoroalkyl substances (PFAS). This is welcome news for businesses that were frantically preparing for the fast-approaching deadline. This column explains the state’s PFAS reporting rule, and summarizes the current, fluid state of play in this state’s evolving PFAS program.

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...

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...

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...

In response to President Trump’s February 13, 2025, Executive Order (EO) 14212, “Establishing The President’s Make America Healthy Again Commission,” the White House issued part of what is being called “The MAHA Report” (with MAHA an acronym for Make America Healthy Again), entitled “Make Our Children Healthy Again: Assessment” (the Assessment) on May 22, 2025. Section One of the Assessment, “The Shift to Ultra-Processed Foods,” includes the Commission’s thoughts on the...

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...

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...

Download transcript. 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...

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.” 

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 report....

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...

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: Does my product sold in Maine qualify for a CUU determination? How and...

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 President’s first 100...

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...