News & Analysis as of

Toxic Substances Control Act (TSCA) Hazardous Substances

Jones Day

Federal PFAS Reporting Deadline Extended as Biden Administration Announces New PFAS Strategic Plan

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The White House revealed its latest strategy to address PFAS, and the EPA extended the reporting deadline for its PFAS reporting rule....more

Holland & Knight LLP

A Little Breathing Room for Product Importers: EPA Extends TSCA 8(a)(7) Reporting Deadline

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While product importers were spending the summer poring over the Instructions for Reporting PFAS Under TSCA Section 8(a)(7) (May 2024), the U.S. Environmental Protection Agency (EPA) was working on a Direct Final Rule and...more

Pillsbury - PFAS Observer

EPA Issues Eight-Month Delay of the Reporting Period for the PFAS Reporting Rule under TSCA Section 8(a)(7)

On September 5, the U.S. Environmental Protection Agency (EPA) cut industry a significant break by postponing the reporting period for the one-time reporting rule for per- and polyfluoroalkyl substances (PFAS) under Section...more

Morgan Lewis

EPA Delays Start of Toxic Substances Control Act Reporting Period for PFAS Data

Morgan Lewis on

The US Environmental Protection Agency (EPA) issued a direct final rule on September 5 that will delay the beginning of the per- and polyfluoroalkyl substances (PFAS) reporting period under the Toxic Substances Control Act...more

BCLP

Possible Reprieve on Federal PFAS Reporting Under TSCA: US EPA Issues Direct Final Rule Extending TSCA PFAS Reporting Deadlines

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Companies subject to the Toxic Substances Control Act (“TSCA”) Section 8(a)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances (“PFAS”)—also known as the “TSCA PFAS Reporting...more

Faegre Drinker Biddle & Reath LLP

EPA Extends Deadline to Report on Novel PFAS TSCA Reporting Rule

On September 5, 2024, the Environmental Protection Agency (EPA) finalized a rule providing much needed breathing room for the thousands of companies analyzing their company and supply chains to determine if their products or...more

Beveridge & Diamond PC

EPA Announces 8-Month Delay in Submission Window for TSCA PFAS Reporting Rule

The U.S. Environmental Protection Agency (EPA) is modifying the Toxic Substances Control Act (TSCA) regulation imposing reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (the Rule) to...more

Kelley Drye & Warren LLP

EPA Delays TSCA PFAS Reporting Period Until July 2025

The U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) has announced that it is delaying the reporting period for its controversial per- and polyfluoroalkyl substances (“PFAS”) disclosure rule eight months, with...more

McGuireWoods LLP

Contaminants Compass: September 2024 Edition

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“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS). This edition discusses how...more

Shipman & Goodwin LLP

Required Historical PFAS Reporting Poses Risks Going Forward

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The U.S. Environmental Protection Agency recently established a one-time per- and polyfluoroalkyl substances reporting rule pursuant to the federal Toxic Substances Control Act. Pursuant to the rule, most companies that...more

Shipman & Goodwin LLP

Back to the PFuture: Required Reporting of Historical PFAS Use Poses Risks Going Forward

Shipman & Goodwin LLP on

The U.S. Environmental Protection Agency (EPA) recently established a one-time per- and polyfluoroalkyl substances (PFAS) reporting rule pursuant to the federal Toxic Substances Control Act (TSCA)....more

Foley & Lardner LLP

2024 Has Been a Big Year for EPA with Significant Implications for Manufacturers as EPA Executes on its PFAS Strategic Roadmap  

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In 2021 the Environmental Protection Agency (“EPA”) issued its strategic roadmap to address a broad group of thousands of manmade chemicals known as per- and polyfluoroalkyl substances (“PFAS”), pledging to use “every tool in...more

Maron Marvel

Will EPA’s Recent Ban on Methylene Chloride Uses Result in Exponential Litigation Similar to Asbestos?

Maron Marvel on

Methylene chloride, also known as dirchloromethane [osha.gov], is a volatile, colorless liquid with a chloroform like odor. Historically, it has been used in various industrial processes, such as pharmaceutical manufacturing,...more

Alston & Bird

PFAS Primer Quarterly Update: 2024 Q2 – Setting the PFAS Standard

Alston & Bird on

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA announces drinking-water regulations, states continue to fight firefighting...more

Holland & Knight LLP

2024 Midyear PFAS Regulatory Update: Final Rules Recently Issued by EPA and What's to Come

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Just past the halfway point of 2024, it's already been a busy year for those following regulatory developments related to per- and polyfluoroalkyl substances (PFAS). Building on its plans in the 2021 PFAS Strategic Road Map...more

Bergeson & Campbell, P.C.

EPA Grants TSCA Section 21 Petition Seeking Section 6 Rule Prohibiting Three PFAS Found in Fluorinated Plastic Containers

The U.S. Environmental Protection Agency (EPA) announced on July 11, 2024, that it granted a petition filed under Section 21 of the Toxic Substances Control Act (TSCA) requesting that EPA establish regulations under TSCA...more

Morrison & Foerster LLP

EPA May Now Pursue PFOS and PFOA Manufacturers and Users under CERCLA

Effective as of yesterday, July 8, 2024, two widely used per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) are deemed hazardous substances under the Comprehensive...more

Downey Brand LLP

EPA’s Final Rule Enhances Risk Evaluations Process For Scrutiny of TSCA Chemicals

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On May 3, 2024, the Environmental Protection Agency (EPA) published its Final Rule that amends the risk evaluation process for chemicals under the Toxic Substances Control Act (TSCA) and the steps chemical manufacturers and...more

Fox Rothschild LLP

Maine Again Amends PFAS Ban Statute – More Product Categories Get Specific Dates, Reporting Requirements Are Narrowed

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Maine has once again amended and clarified its statutory restrictions on the sale of numerous categories of PFAS-containing products. The net effect of the legislation, enacted on April 16, 2024, is to 1) limit the scope and...more

Holland & Knight LLP

Product Importers: Are You Ready for the New PFAS Reporting Requirements Under TSCA?

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The U.S. Environmental Protection Agency (EPA) published a far-reaching and important final rule (Rule) on Oct. 11, 2023, requiring comprehensive reporting of per- and polyfluoroalkyl substances (PFAS) manufactured and...more

Bergeson & Campbell, P.C.

Appellate Court Affirms Decision That TSCA Section 21 Petition Seeking PFAS Testing Is Not Subject to Review

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...more

Bergeson & Campbell, P.C.

EPA Engaging in “Administrative Deliberations” Regarding TSCA Section 5 Order Challenged by Cherokee Concerned Citizens

Cherokee Concerned Citizens watchers will be interested to know that on June 6, 2024, the U.S. Environmental Protection Agency (EPA) filed an unopposed motion in the U.S. Court of Appeals for the District of Columbia Circuit...more

ArentFox Schiff

PFAS Litigation: BIC Sued Over ‘Forever Chemicals’ in Razors

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On May 15, BIC USA Inc. was hit with a proposed class action in California federal court concerning allegations that some of its razors contain per- and polyfluoralkyl substances (PFAS), sometimes referred to as “forever...more

Williams Mullen

EPA Adds Seven PFAS Chemical Compounds to the Toxic Release Inventory

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In a final rule published on May 17, 2024, and to become effective June 17, 2024, EPA has added seven per- and polyfluoroalkyl substances (PFAS) to the list of chemicals subject to toxic chemical release reporting under the...more

Fishman Haygood LLP

U.S. Fifth Circuit Reverses EPA Order Regarding the Presence of PFAS in Plastic Containers

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Inhance Technologies, a Texas-based plastic and chemical transformation company, went head-to-head with the Environmental Protection Agency (EPA) before the U.S. Fifth Circuit Court of Appeals earlier this year. The Court’s...more

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