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Register now to join Bergeson & Campbell, P.C. (B&C®) for “Determining PFAS Content in Your Supply Chain and Expanding Data Collection Practice,” a complimentary webinar covering the basics of the U.S. Environmental Protection Agency’s (EPA) reporting rule for per- and polyfluoroalkyl substances (PFAS). With Chemical Data Reporting (CDR) wrapping up this fall, companies still have time to gather the necessary information regarding PFAS to begin reporting as early as this November....

The July 13, 2024, Canada Gazette will include a notice announcing the availability of the Updated Draft State of Per- and Polyfluoroalkyl Substances (PFAS) Report (Updated Draft Report) and Revised Risk Management Scope for Per- and Polyfluoroalkyl Substances (PFAS) (Revised Risk Management Scope). The Updated Draft Report defines PFAS as “fluorinated substances that contain at least one fully fluorinated methyl or methylene carbon atom (without any [hydrogen, chlorine, bromine, or iodine...

The Minnesota Department of Health (MDH) recently noted that Health Risk Assessment scientists at MDH have published two articles in the Journal of Environmental Exposure Assessment related to per- and polyfluoroalkyl substances (PFAS): MDH notes that the work was supported by the Clean Water Fund, funded by the 2008 Clean Water, Land and Legacy Amendment....

The Minnesota Pollution Control Agency (MPCA) will hold two public webinars in July to provide updates and answer questions on Minnesota’s per- and polyfluoroalkyl substances (PFAS) in products law (Amara’s Law), which takes effect in stages between 2025 and 2032: As reported in our January 12, 2024, blog item, MPCA published a request for comments (RFC) on planned new rules governing CUU determinations for products containing PFAS. According to the RFC, the main purpose of...

On June 10, 2024, the U.S. Court of Appeals for the Fourth Circuit affirmed the U.S. District Court for the Eastern District of North Carolina’s decision to dismiss a case challenging the U.S. Environmental Protection Agency’s (EPA) response to a petition seeking a test order for 54 per- and polyfluoroalkyl substances (PFAS) for lack of jurisdiction. CEH v. EPA, No. 23-1476. The district court granted EPA’s motion to dismiss, finding that EPA granted the petition...

Public Employees for Environmental Responsibility (PEER) announced on May 28, 2024, that it filed a request for correction (RFC) under the Information Quality Act (IQA) regarding a U.S. Environmental Protection Agency (EPA) research memorandum entitled “Verification Analysis for PFAS in Pesticide Products (ACB Project B23-05b)” dated May 18, 2023, and the accompanying press release. As reported in our June 2, 2023, memorandum, EPA completed a verification analysis of a study published in...

On April 16, 2024, Governor Janet Mills (D) signed LD 1537, amending An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution. On May 20, 2024, the Maine Department of Environmental Protection (MDEP) updated its “PFAS in Products” web page to reflect the amendments, which include eliminating the general notification requirement that was scheduled to take effect January 1, 2025. The legislation also creates new sales prohibitions for products with intentionally added per- and...

On May 20, 2024, the Public Employees for Environmental Responsibility (PEER) announced that on May 17, 2024, they filed a notice of intent to sue (NOI) the U.S. Environmental Protection Agency (EPA) “to stop the manufacture and distribution of hundreds of millions of plastic containers with dangerous levels of a carcinogenic per-and polyfluoroalkyl substance (PFAS) called perfluorooctanoic acid (PFOA).” Filed with the Center for Environmental Health (CEH), the NOI states that EPA “has...

The U.S. Environmental Protection Agency (EPA) published a final rule on May 17, 2024, to update the list of chemicals subject to Toxics Release Inventory (TRI) reporting to include seven additional per- and polyfluoroalkyl substances (PFAS) for Reporting Year 2024(reporting forms due by July 1, 2025). 89 Fed. Reg. 43331. The Fiscal Year (FY) 2020 National Defense Authorization Act (NDAA) includes a provision that automatically adds PFAS to the TRI list upon EPA’s adoption of...

On May 8, 2024, the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) held a webinar on “Reducing PFAS in Products: Progress and Challenges.” The webinar was the third in EPA’s series on “Pollution Prevention in Action.” Jennie Romer, EPA Deputy Assistant Administrator for Pollution Prevention, hosts webinars featuring businesses, Pollution Prevention grantees, and other experts about innovations and successes in implementing...

On April 18, 2024, Representative Betty McCollum (D-MN) announced that she and Senator Dick Durbin (D-IL) introduced the Forever Chemical Regulation and Accountability Act (H.R. 8074, S. 4187), “bicameral legislation to address the excessive use of per- and polyfluoroalkyl substances (PFAS) across the nation’s supply chain, which has led to the harmful compounds contaminating water sources, as well as surrounding environments and communities.” According to McCollum’s press release, the...

The U.S. Environmental Protection Agency (EPA) issued on April 26, 2024, the final National Primary Drinking Water Regulation (NPDWR) for six per- and polyfluoroalkyl substances (PFAS). 89 Fed. Reg. 32532. The NPDWR establishes Maximum Contaminant Levels (MCL) for six PFAS in drinking water: perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), and hexafluoropropylene oxide dimer acid (HFPO-DA) as contaminants...

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule that will designate perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). EPA states that under the rule, entities are required to report immediately releases of PFOA and PFOS that meet or exceed the reportable quantity (RQ) of one pound within...

The U.S. Environmental Protection Agency (EPA) announced on March 25, 2024, that it has issued the fourth Toxic Substances Control Act (TSCA) test order requiring testing on per- and polyfluoroalkyl substances (PFAS) under its National PFAS Testing Strategy. According to EPA, the action requires the 3M Company (3M) and Wacker Chemical Corporation (Wacker) to conduct and submit testing on the physical-chemical properties of 2-(N-Methylperfluoro-1-octanesulfonamido)ethanol (NMeFOSE) (Chemical...

The U.S. Government Accountability Office (GAO) published a report on April 15, 2024, entitled “Persistent Chemicals: Navy Efforts to Address PFAS at Joint Base Pearl Harbor-Hickam.” GAO states that it was asked to examine the Department of Defense’s (DOD) efforts to address per- and polyfluoroalkyl substance (PFAS) contamination at Joint Base Pearl Harbor-Hickam. The report describes DOD’s response to a November 2022 aqueous film-forming foam (AFFF) release at the installation; DOD...

According to an April 16, 2024, request for information (RFI), as part of its ongoing commitment to advancing sustainable acquisition, the General Services Administration (GSA) is exploring opportunities to reduce or eliminate potential per- and polyfluoroalkyl substances (PFAS) “with the intent to reduce exposure from products offered to the Government through GSA’s contract solutions.” 89 Fed. Reg. 26887. GSA states that it is publishing the RFI to obtain comments “to help us...

The Public Employees for Environmental Responsibility (PEER) announced on April 11, 2024, that a coalition of public health groups filed a petition under Section 21 of the Toxic Substances Control Act (TSCA) seeking to stop immediately the manufacture and distribution of “hundreds of millions of plastic containers with dangerous levels of per- and polyfluoroalkyl substances (PFAS) that leach from these containers into household products and the environment.” The petition “demands that the...

The U.S. Environmental Protection Agency (EPA) announced on April 8, 2024, that it is directing government contractors to purchase cleaning products for federal buildings that are free of per- and polyfluoroalkyl substances (PFAS). This change is the result of a collaboration between EPA and the U.S. General Services Administration (GSA) to implement President Biden’s Federal Sustainability Plan, which directs federal agencies to prioritize the purchase of sustainable products and services,...

The Minnesota Pollution Control Agency (MPCA) announced on March 26, 2024, that it has published new information concerning per- and polyfluoroalkyl substances (PFAS) in products. This information includes: MPCA will publish details on other product categories in response to questions it has received....

The Senate Committee on Environment and Public Works will hold a hearing on March 20, 2024, on “Examining PFAS as Hazardous Substances.” The scheduled witnesses include:...

On February 15, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of a new methodology for detecting 32 per- and polyfluoroalkyl substances (PFAS) in high-density polyethylene (HDPE) containers. According to EPA, the method can accurately identify PFAS contamination at levels as low as 0.002 parts per billion (ppb) (or 2 parts per trillion (ppt)). EPA states that in releasing this method to the public, it “is enabling the industries that utilize HDPE containers,...

Beginning January 1, 2030, any product containing intentionally added per- and polyfluoroalkyl substances (PFAS) may not be sold in Maine unless the use of PFAS in the product is specifically designated as a currently unavoidable use (CUU) by the Maine Department of Environmental Protection (MDEP). MDEP is currently accepting requests for proposals from those seeking CUU determinations. Manufacturers may submit proposals individually or collectively. MDEP notes that these determinations will be...

The U.S. Environmental Protection Agency (EPA) announced on February 1, 2024, two proposed rules that will add to its comprehensive approach to tackling per- and polyfluoroalkyl substances (PFAS) pollution and the commercial bottom line for hundreds of businesses facing costs for cleanup. The first proposed rule would modify the definition of hazardous waste as it applies to cleanups at permitted hazardous waste facilities. EPA states that this modification “would assure that EPA’s...

The U.S. Environmental Protection Agency (EPA) announced on January 9, 2024, the automatic addition of seven per- and polyfluoroalkyl substances (PFAS) to the list of chemicals covered by the Toxics Release Inventory (TRI). For TRI Reporting Year 2024 (reporting forms due by July 1, 2025), reporting is required for these seven additional PFAS, bringing the total PFAS subject to TRI reporting to 196. The Fiscal Year (FY) 2020 National Defense Authorization Act (NDAA) includes a...

On January 11, 2024, the U.S. Environmental Protection Agency (EPA) issued a final significant new use rule (SNUR) to prevent companies from starting or resuming the manufacture (including import) or processing of 329 per- and polyfluoroalkyl substances (PFAS) that are designated as inactive on the Toxic Substances Control Act (TSCA) Chemical Substance Inventory. 89 Fed. Reg. 1822. The final rule notes that persons subject to the final SNUR are required to notify EPA at least...

The Minnesota Pollution Control Agency (MPCA) has published a request for comments (RFC) on planned new rules governing currently unavoidable use (CUU) determinations for products containing per- and polyfluoroalkyl substances (PFAS). According to the RFC, the main purpose of the rulemaking is to establish criteria and processes through which MPCA will make decisions on what uses of intentionally added PFAS will qualify as CUUs in products sold, offered for sale, or distributed in Minnesota. Any...

The U.S. Environmental Protection Agency (EPA) will hold a webinar on January 25, 2024, on its October 2023 per- and polyfluoroalkyl substances (PFAS) reporting rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The rule is a statutory requirement under the fiscal year (FY) 2020 National Defense Authorization Act that requires all manufacturers (including importers) of PFAS and PFAS-containing articles in any year since 2011 to report information related to chemical identity,...

In 2021, Maine enacted “An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution.” Under the statute, beginning January 1, 2030, any product containing intentionally added PFAS may not be sold in Maine unless the use of PFAS in the product is specifically designated as a currently unavoidable use (CUU) by the Maine Department of Environmental Protection (MDEP). According to MDEP’s website, CUU determinations must be made through major substantive rulemaking, meaning that...

The Organization for Economic Cooperation and Development (OECD) has published a draft report entitled Draft Report on Per- and Polyfluoroalkyl Substances and Alternatives in Coatings, Paints and Varnishes (CPVs): Hazard Profile. OECD intends the draft report to complement its 2022 report, Per- and Polyfluoroalkyl Substances and Alternatives in Coatings, Paints and Varnishes (CPVs), by compiling information on the hazard profile of the fluoropolymers, short-chain PFAS, and non-fluorinated...

The U.S. Environmental Protection Agency (EPA) announced on December 1, 2023, that it issued orders to Inhance Technologies LLC directing it not to produce per- and polyfluroakyl substances (PFAS), “chemicals that are created in the production of its fluorinated high-density polyethylene [high-density polyethylene (HDPE)] plastic containers.” EPA states that in December 2022, Inhance submitted significant new use notices (SNUN) for nine long-chain PFAS. According to EPA, “[u]pon review of...

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....

The U.S. Environmental Protection Agency (EPA) announced on October 20, 2023, the release of a final rule that is intended to improve reporting on per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) by eliminating an exemption that allowed facilities to avoid reporting information on PFAS when those chemicals were used in small concentrations. The final rule will add PFAS subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and...

California Attorney General Rob Bonta announced the release of an enforcement advisory letter on October 17, 2023, to manufacturers, distributors, and sellers of food packaging and cookware, alerting them to their obligations under AB 1200, a recently enacted statute that restricts the presence of per- and polyfluoroalkyl substances (PFAS) in food packaging and imposes labeling disclosure requirements for cookware. Bonta also issued a consumer alert with tips for reducing PFAS exposures. The...

The American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER) is holding its 31st fall conference October 11-13, 2023, in Washington, D.C. On October 12, 2023, in his remarks at the conference, David Uhlmann, Assistant Administrator for the U.S. Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA), stated that EPA will not pursue per- and polyfluoroalkyl substances (PFAS) enforcement actions against farmers who used biosolids,...

On October 8, 2023, California Governor Gavin Newsom (D) announced that he vetoed a number of bills, including AB 727, which would prohibit, by 2026, the manufacture, distribution, or sale of cleaning products that contain intentionally added per- or polyfluoroalkyl substances (PFAS), and would apply this ban, by 2028, to floor sealer or floor finish products. Newsom’s veto message notes that the bill is one of three single-product chemical bans passed by the legislature to...

On October 2, 2023, the U.S. Environmental Protection Agency (EPA) announced 30 Safer Choice Partner of the Year award winners, recognizing their achievements in the design, manufacture, and the selection and use of cleaners, detergents, and other products with safer chemicals. EPA states that the Safer Choice program helps consumers and purchasers of facilities, such as schools and office buildings, find cleaning and other products containing chemical ingredients that are safer alternatives for...

The Minnesota Pollution Control Agency (MPCA) published two Requests for Comments (RFC) on two planned per- and polyfluoroalkyl substances (PFAS) rulemakings in the September 25, 2023, State Register, the PFAS in Products Reporting Rule (Revisor ID Number R-4828) and the PFAS in Products Fees Rule (Revisor ID Number R-4827). Comments on the RFCs are due by 4:30 p.m. (CST) on Tuesday, November 28, 2023....

On September 28, 2023, the U.S. Environmental Protection Agency (EPA) released a long-overdue final rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA) regarding reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). As discussed below, the final rule is not what many of us expected, nor wanted. EPA states that the reporting rule is a statutory requirement under the fiscal year (FY) 2020 National Defense Authorization Act (NDAA) that requires...

The U.S. Government Accountability Office (GAO) publicly released a report on September 27, 2023, entitled “Persistent Chemicals: Detecting, Limiting Exposure To, and Treating PFAS Contamination.” According to GAO, examples of how per- and polyfluoroalkyl substances (PFAS) enter the environment include: GAO’s recommendations, published in earlier reports, include: GAO states that it has ongoing work examining public water systems’ implementation of PFAS treatment methods and efforts to...

The U.S. Consumer Product Safety Commission (CPSC) published a request for information (RFI) on per- and polyfluoroalkyl substances (PFAS) used in commerce or potentially used in consumer products, potential exposures associated with the use of PFAS in consumer products, and potential human health effects associated with exposures to PFAS from their use in consumer products. 88 Fed. Reg. 64890. CPSC also announced the availability of a contractor report with a focus on PFAS that are...

The U.S. Environmental Protection Agency (EPA) announced on September 21, 2023, that the Office of Compliance within the Office of Enforcement and Compliance Assurance has released an updated version of the Per- and Polyfluoroalkyl Substances (PFAS) Analytic Tools. The tools are hosted on EPA’s Enforcement and Compliance History Online (ECHO) website. EPA states that the data visualization tools enable users to evaluate what is known about PFAS manufacturing, releases, and occurrence in...

The Environmental Defense Fund (EDF) published a blog item on September 18, 2023, entitled “Now’s the Time — How EPA Can Use TSCA to Turn Off the PFAS Tap.” According to EDF, for both previously approved per- and polyfluoroalkyl substances (PFAS) and for new PFAS, the U.S. Environmental Protection Agency (EPA) should: EDF concludes that by using its full authority under TSCA, “EPA can ensure a future where chemicals do not compromise our health and...

The U.S. Environmental Protection Agency (EPA) announced on August 17, 2023, its National Enforcement and Compliance Initiatives (NECI) for 2024-2027, “including for the first time initiatives to mitigate climate change, address exposure to [per- and polyfluoroalkyl substances (PFAS)] contamination, and protect communities from cancer-causing coal ash.” To advance the Biden Administration’s commitment to protect disadvantaged communities, EPA states that it also will...

The U.S. Environmental Protection Agency (EPA) announced on August 17, 2023, the release of the first set of data collected under the fifth Unregulated Contaminant Monitoring Rule (UCMR 5). According to EPA, in the latest action to deliver on EPA’s PFAS Strategic Roadmap, UCMR 5 will provide new data that will improve its understanding of the frequency that 29 per- and polyfluoroalkyl substances (PFAS) and lithium are found in U.S. drinking water systems, and at what levels. EPA...

The U.S. Environmental Protection Agency’s (EPA) spring 2023 Unified Agenda, published on June 13, 2023, includes the following rulemakings concerning per- and polyfluoroalkyl substances (PFAS). Prerule and Proposed Rule Stage Final Rule Stage...

The U.S. Environmental Protection Agency’s (EPA) spring 2023 Unified Agenda, published on June 13, 2023, includes the following rulemakings under the Toxic Substances Control Act (TSCA) or the Toxics Release Inventory (TRI). Proposed Rule Stage Final Rule Stage...

On August 3, 2023, the Maine Department of Environmental Protection (MDEP) announced that it would accept stakeholder comment on its rule concept draft language that would prohibit manufacturers, suppliers, and distributors from offering for sale or for promotional purposes in Maine certain types of food packaging to which per- and poly-fluoroalkyl substances (PFAS) have been intentionally introduced. MDEP states that it has the authority to prohibit the sale of a food package to which...

On July 25, 2023, 12 members of the House sent a letter to U.S. Environmental Protection Agency (EPA) Administrator Michael Regan urging EPA “to conduct a rigorous, comprehensive, and transparent assessment of the risks of [per- and polyfluoroalkyl substances (PFAS)] in fluorinated containers.” The letter states that EPA is mandated by the Toxic Substances Control Act (TSCA) to address the risks of new PFAS and significant new uses of existing PFAS. According to the letter, the...

The U.S. Environmental Protection Agency (EPA) announced on July 19, 2023, that it is extending the public comment period for its proposed significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) to ensure chemicals made from plastic waste-derived feedstocks are free from certain contaminants before they can be used to make transportation fuels. The SNURs would require companies to notify EPA before manufacturing or processing 18 chemicals made from plastic waste-derived...