EPA Offices, Washington DC

EPA Continues Removing Confidential Business Info and De Minimis Exemptions for PFAS Chemicals

While ringing in the New Year, the Environmental Protection Agency announced the addition of nine per- and polyfluoroalkyl (PFAS) substances to the list of chemicals covered by the Toxics Release Inventory (TRI) pursuant to the Emergency Planning and Community Right-to-Know Act (EPCRA), making them the latest PFAS that can no longer be claimed as confidential business information. 

These chemicals include the following:

  • Ammonium perfluorodecanoate (PFDA NH4) (3108-42-7)
  • Sodium perfluorodecanoate (PFDA-Na) (3830-45-3)
  • Perfluoro-3-methoxypropanoic acid (377-73-1)
  • 6:2 Fluorotelomer sulfonate acid (27619-97-2)
  • 6:2 Fluorotelomer sulfonate anion (425670-75-3)
  • 6:2
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EPA Offices, Washington DC

EPA Rule Kills Trichloroethylene and Cripples Perchloroethylene

Our blog has written on EPA’s placement of Trichloroethylene (TCE on the chopping block and the phase down of Perchloroethylene (PCE). And early this week, the Environmental Protection Agency finalized those proposed rules with the latest risk management regulations for those two chemicals.

Under the rule, “all uses of TCE will be banned over time (with the vast majority of identified risks eliminated within one year), and safer alternatives are readily available for the majority of uses.” Further, the rule will “ban[] manufacture, processing and distribution …

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Scientist-with-beaker

EPA Removes Toxic Substances Control Act Exemptions for PFAS

The Environmental Protection Agency announced Dec. 4 finalized amendments on the regulation of new chemicals under the Toxic Substances Control Act (TSCA).

Specifically, the EPA targeted stricter regulations of certain exemptions under the TCSA for PFAS and PBT chemicals. As our blog has previously reported, the challenges surrounding the manufacturing of PFAS and PFAS PBT chemicals continue to steadily increase.

The EPA through the TCSA review program acts as a “gatekeeper” for the manufacture of “new chemicals” (i.e. chemicals not presently listed in the …

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EPA Offices, Washington DC

EPA Proposes Addition of More PFAS and PFAS Categories to Toxic Release Inventory

As our blog has reported frequently, the Environmental Protection Agency announced an ambitious national strategy to address per- and polyfluoroalkyl substances (PFAS). Dubbed a “roadmap,” the EPA says it is centered on three guiding strategies focused on research, restrictions, and remediation. Specifically: “Increase investments in research, leverage authorities to take action now to restrict PFAS chemicals from being released into the environment and accelerate the cleanup of PFAS contamination.”  As part of this plan, we have blogged many times about the additions of various …

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Scientist with beaker

National Science and Technology Council’s PFAS R&D Strategy Plan Highlights Substantial Deficiencies

Recently, as part of the Joint Subcommittee on Environment, Innovation, and Public Health, the PFAS Strategy Team of the National Science and Technology Council released a report titled the “Per- and Polyfluoroalkyl Substances (PFAS) Federal Research and Development Strategic Plan.”

The National Science and Technology Council (NSTC) is the principal means by which the executive branch coordinates science and technology policy across the diverse entities that make up the federal research and development (R&D) enterprise. Through the National Defense Authorization Act (NDAA) for …

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Big net thrown in the ocean capturing lots of fish

Common Summertime Eats – Fish and Shellfish: EPA Adds Various PFAS Compounds to Monitoring/Advisory Programs

On July 11, the U.S. Environmental Protection Agency issued updated recommendations under the Clean Water Act for contaminants that states, Tribes, and territories should consider monitoring in locally caught, freshwater fish. For the first time, the EPA has added several per- and polyfluorinated substances (PFAS) to the contaminant list (e.g., PFDA, PFHxS, PFNA, PFOA, PFOS), in addition to lead, three cyanotoxins, a flame retardant, and amphetamine.

States, Tribes, and territories monitor and analyze contaminants in fish and shellfish caught in local, fresh waterbodies. When they …

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EPA Offices, Washington DC

EPA Releases Updated Guidance on Destroying and Disposing PFAS

In furtherance of the U.S. Environmental Protection Agency’s PFAS Strategic Roadmap, which our firm has written about frequently, the EPA released an updated guide on destroying and disposing of PFAS.

According to EPA, the updated guidance (found here) reflects the “latest, best available science” to provide information that managers of PFAS wastes can use to evaluate the most appropriate destruction, disposal, or storage method. EPA instructs that the primary audience of this guidance are decision makers who need to identify the most effective …

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EPA Offices, Washington DC

Fifth Circuit Tells EPA 40-Year-Old Fluorination Process isn’t ‘New’

Inhance Technologies is a company that has been fluorinating plastic containers using the same process since 1983. The fluorination process creates a barrier that keeps dangerous substances from leaching out of their containers, and keeps outside substances from permeating in. The U.S. EPA began investigating Inhance after the presence of perfluoroalkyls (PFAS) was detected in an insecticide that was stored in a container fluorinated by Inhance.

After confirming that Inhance’s fluorination process resulted in the creation of PFAS, the EPA issued Inhance a Notice of Violation …

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Indiana Waving Flag

Will Industry Push Back Proactively on Potential PFAS-Use Restrictions?

Over the past seven years, our blog has reported extensively on PFAS developments, litigation, and regulations — most of which has focused on the attention surrounding potential risks associated with PFAS, and the scrutiny given to that chemical class by the U.S. Environmental Protection Agency.

Today we are providing a wrinkle seldom seen recently in the PFAS world: a proposed law that would protect PFAS uses.  

This week, state of Indiana senators chose to abandon a bill that reportedly would have excluded thousands of the …

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Close up of conveyor belt in bottling plant

Regulatory States: Further Limitations on PFAS-Containing Products Now in Effect

Right out of the gate in 2024, we’ve seen several states further regulate the sale of PFAS-containing products. On Jan. 1, a Connecticut statute took effect prohibiting the sale or promotion of any “food package to which PFAS has been intentionally introduced during manufacturing or distribution in any amount.” The law defines “food packaging” to mean “any package or packaging component that is applied to, or in direct contact with any food or beverage.”

Connecticut defines “intentionally introduced” to mean any “deliberately utiliz[ing] regulated metal …

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