News & Analysis as of

PFAS Toxic Substances Control Act (TSCA) Chemicals

Bergeson & Campbell, P.C.

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,...more

Bergeson & Campbell, P.C.

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...more

Farella Braun + Martel LLP

Industrial Company Files Action Challenging EPA Disclosure of Confidential Business Information Submitted to EPA During...

On April 2, 2025, Inhance Technologies LLC initiated an action in the U.S. District Court for the District of Columbia—Inhance Technologies LLC v. Zeldin, Case No. 1:25-cv-00980-JEB—challenging EPA’s refusal to withhold...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EPA and OSHA Renew Cooperation With Memorandum of Understanding on Toxic Substances Control Act

The Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) have long cooperated with each other and have renewed their commitment to cooperation in a December 2024 memorandum of...more

Beveridge & Diamond PC

Updates to New Chemicals Regulations under the Toxic Substances Control Act

Key Takeaways Delays by the U.S. Environmental Protection Agency (EPA) in processing premanufacture notices (PMNs) under the Toxic Substances Control Act (TSCA) may lessen under final amendments to section 5 published on...more

Bergeson & Campbell, P.C.

District Court Dismisses Suit Seeking TSCA Section 6 Rule Prohibiting Production of PFOA during Fluorination of Plastic Containers

On December 11, 2024, the U.S. District Court for the District of Columbia dismissed a suit filed against the U.S. Environmental Protection Agency (EPA) seeking a rule under Section 6 of the Toxic Substances Control Act...more

Sheppard Mullin Richter & Hampton LLP

EPA’s PFAS Dragnet: What Companies Need to Know About PFAS Reporting Under TSCA Section 8(a)(7)

Compliance with EPA’s Rule for Reporting and Recordkeeping Requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA) Section 8(a)(7) will demand the attention and resources of...more

Bergeson & Campbell, P.C.

EPA Releases Third Annual PFAS Strategic Roadmap Report

On November 14, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of its third annual progress report, “highlighting the significant achievements the agency has made under its PFAS Strategic Roadmap...more

McGuireWoods LLP

Contaminant Compass: October 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...more

Venable LLP

Numerous Groups Petition EPA to Suspend and/or Cancel Pesticide Registrations Based on a Class Definition of PFAS Alone

Venable LLP on

Pesticide manufacturers and registrants, like many other companies, are facing increased pressure to remove per- and polyfluoroalkyl substances (PFAS) from their products. This pressure, however, is often focused on how the...more

Bergeson & Campbell, P.C.

TSCA Reform — Eight Years Later: B&C, ELI, and GWU Conclude Best Available Conference

On June 26, 2024, Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University (GWU) Milken Institute School of Public Health presented “TSCA Reform — Eight Years Later.” This...more

McGuireWoods LLP

Contaminants Compass: May 2024 Edition

McGuireWoods LLP on

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

Jenner & Block

Earth Week 2024, Round Two – Inhance Technologies LLC v. USEPA

Jenner & Block on

As our Earth Week blogging event continues with our theme of Planet versus Plastics, today we will cover the U.S. Court of Appeals for the Fifth Circuit’s recent decision in Inhance Technologies, L.L.C. v. U.S. Environmental...more

Bergeson & Campbell, P.C.

NGOs Petition EPA to Remove PFAS Immediately from Fluorinated Plastic Containers

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...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, February 2024

TSCA/FIFRA/TRI - EPA Announces Automatic Addition Of Seven Additional PFAS To TRI List Of Chemicals: The U.S. Environmental Protection Agency (EPA) announced on January 9, 2024, the automatic addition of seven per- and...more

BCLP

EPA’s Noncomprehensive List of PFAS Subject to the TSCA Reporting Rule

BCLP on

In 2023, the United States Environmental Protection Agency (“EPA”) issued a final rule under the Toxic Substances Control Act (“TSCA”) which requires manufacturers, including importers, of certain per- and polyfluoroalkyl...more

Bergeson & Campbell, P.C.

EPA Issues Orders to Inhance Technologies Related to Long-Chain PFAS SNUNs

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...more

Wiley Rein LLP

EPA Eliminates De Minimis Exemption for PFAS Under TRI Reporting, Proposes Changes to Chemical Risk Evaluations Under TSCA

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The U.S. Environmental Protection Agency (EPA or Agency) has issued two pre-publication announcements on notable regulatory actions that may affect your business. The first one will increase the amount of information that...more

Wiley Rein LLP

Beware of the Looming Supply Chain Challenges for PFAS Reporting Under TSCA

Wiley Rein LLP on

Welcome back to The WELL. Let’s begin with an adaptation of the “The Ant and the Grasshopper,” when they met this summer on a field. The Grasshopper was relaxing because the final Perfluoroalkyl and Polyfluoroalkyl Substances...more

Beveridge & Diamond PC

EPA Adopts PFAS Reporting Requirements Applicable to Article Importers and Chemical Manufacturers

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The U.S. Environmental Protection Agency (EPA) has finalized a one-time reporting rule regarding the manufacture (including import) of per- and polyfluoroalkyl substances (PFAS). Despite heavy industry opposition, obligated...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, August 2023

TSCA/FIFRA/TRI - EPA’s Spring 2023 Unified Agenda Includes TSCA, TRI, And PFAS Rulemakings: The U.S. Environmental Protection Agency’s (EPA) spring 2023 Unified Agenda, published on June 13, 2023, includes a number of...more

Morgan Lewis

Recent EPA Actions Show Why Companies Must Understand Products’ Individual Chemical Constituents

Morgan Lewis on

Historically, the US Environmental Protection Agency (EPA) has generally declined to regulate manufactured goods or finished products―known as “articles”―under the Toxic Substances Control Act (TSCA). This long-standing...more

Fox Rothschild LLP

EPA Proposes to Disqualify PFAS from Low Volume Exemptions and Low Release and Exposure Exemptions under TSCA

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The Toxic Substances Control Act (TSCA) authorizes the United States Environmental Protection Agency (EPA) to impose restrictions relating to chemical substances and/or mixtures as well as requirements for reporting,...more

Bergeson & Campbell, P.C.

EPA Completes Verification Analysis of PFAS Scientific Testing of Pesticide Products

On May 30, 2023, the U.S. Environmental Protection Agency (EPA) announced it has taken additional steps in addressing concerns that per- and polyfluoroalkyl substances (PFAS) have been found in pesticide products. As part of...more

Beveridge & Diamond PC

EPA Proposes to Eliminate TSCA Exemptions for PFAS and PBTs; Proposes Updates to Other TSCA Regulations

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The U.S. Environmental Protection Agency (EPA) has proposed changes to its Toxic Substances Control Act (TSCA) regulations dealing with premanufacture notices (PMNs) and certain exemptions from PMN requirements. Of particular...more

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