PFAS Regulation

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Those required to comply with certain reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA) have been afforded an eight-month delay, shifting reporting to commence July 11, 2025, and be completed by Jan. 11, 2026. Reporting was supposed to commence Nov. 12, 2024, before this delay was announced by the Environmental Protection Agency (EPA). The delay is driven by funding shortages leading to delays in the reporting software development.
Continue Reading TSCA Reporting Deadline for Manufacturers and Importers of PFAS and PFAS-Containing Articles Extended to July 11, 2025

EPA is requiring additional testing at sites subject to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund) five-year review based on PFAS standards issued under the Safe Drinking Water Act (SDWA).

In April 2024, EPA finalized a rule designating two of the most studied and prevalent PFAS,  Perfluorooctanoic acid (PFOA) and Perfluorooctane…

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On May 1, 2024, Colorado became the thirteenth state to pass legislation banning per- and polyfluoroalkyl substances, commonly referred to as PFAS. The move comes shortly after PFAS received exceptional public attention when EPA finalized its first-ever national drinking water standards for six PFAS this past April. The release of these new standards now requires states and industry to act quickly and strategically on plans to restrict PFAS from water systems. For Colorado, multiple areas across the state detected PFAS in the water beyond EPA limits when EPA required water systems across the nation to test for dozens of PFAS last year.Continue Reading Colorado Bans Forever Chemicals After EPA Sets New PFAS Water Standards

Since EPA announced a Final Rule designating certain per- and polyfluoroalkyl substances (PFAS) as hazardous substances, there has been ample national attention on what the legal and regulatory landscape would look like in restricting these dangerous substances. Various states have taken independent action to curtail the significant health and environmental risks posed by PFAS. Recently, Vermont moved to further restrict the prevalence of PFAS in products sold in their state.Continue Reading Vermont Legislature Takes Action to Limit PFAS in Common Commercial Products

The State of Michigan recently took another step aimed at protecting the environment and public health from the impact of per- and polyfluoroalkyl substances (PFAS). Last week, State Rep. Penelope Tsernoglou (D-East Lansing) and Majority Floor Leader Abraham Aiyash (D-Hamtramck) introduced The Hazardous Products Act under House Bill 5657 (the “Legislation”), which would prohibit, the sale and distribution of products containing intentionally added PFAS by Jan. 1, 2027, including, without limitation, cookware, cosmetics, and children’s products. The Legislation would also prohibit the discharge or use of PFAS-containing class A or class B firefighting foam by Jan. 1, 2027. The Legislation has roughly 20 co-sponsors and was referred to the Michigan House’s Natural Resources Committee.

If enacted, the Legislation would ban the sale of products that contain intentionally added PFAS. The Legislation defines “PFAS” as a “perfluoroalkyl or polyfluoroalkyl substance that includes any member of the class of fluorinated organic chemicals containing at least 1 fully fluorinated carbon atom.” Under the Legislation, PFAS is intentionally added if the PFAS added by a manufacturer “has a functional or technical effect on a product, or a component thereof, or the manufacturing process. Intentionally added PFAS includes any PFAS that is a component or a breakdown product of an intentionally added chemical that has a functional or technical effect on the product, or a component thereof, or the manufacturing process.”Continue Reading Michigan Takes Step to Limit PFAS Through Hazardous Products Act

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On April 10, 2024, U.S. EPA announced a National Primary Drinking Water Regulation (NPDWR) establishing legally enforceable Maximum Contaminant Levels (MCLs) and non-enforceable Maximum Contaminant Level Goals (MCLGs) for six per- and polyfluoroalkyl substances (PFAS) in drinking water under the Safe Drinking Water Act (SDWA).

The final rule requires public water systems to: (1) complete initial monitoring for these PFAS by 2027 and provide public notice of initial monitoring results beginning in 2027; (2) implement solutions by 2029 to reduce these PFAS if drinking water levels exceed the MCLs; and (3) starting in 2029, take action to reduce PFAS in response to violations of the MCLs and to provide public notice of any such violations. EPA PFAS NPDWR Summary.

A pre-publication version of EPA’s final rule is available here.Continue Reading US EPA Finalizes New National Drinking Water Standards for Six PFAS

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced the pending publication of a final rule designating two widely used per-and polyfluoroalkyl substances (PFAS) chemicals—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

This announcement comes approximately a year and a half after EPA initially proposed the designation of PFOA and PFOS as CERCLA hazardous substances via EPA’s publication of its proposed rule in late 2022.Continue Reading EPA Announces Final Rule Designating PFOA and PFOS as Hazardous Substances Under CERCLA

On April 10, 2024, the U.S. EPA released its federally enforceable drinking water limits for certain toxic PFAS “forever chemicals” under the federal Safe Drinking Water Act. The final rule will “reduce PFAS exposure for approximately 100 million people, prevent thousands of deaths, and reduce tens of thousands of serious illnesses.”

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On December 1, 2023, the U.S. EPA ordered Inhance Technologies LLC (Inhance) to stop producing per- and polyfluoroalkyl substances (PFAS) as part of its fluorination of high-density polyethylene (HDPE) containers. According to the EPA, Inhance’s fluorination process enhances the barrier properties of plastic containers, but produces nine different types of PFAS.

Fluorinated HDPE containers are used for storing household products, pesticides, and other industrial goods. In 2019, the drinking water of the town Easton, Massachusetts, tested positive for PFOA, a type of PFAS, and was traced back to a mosquitocide used by state officials. In September 2020, the EPA determined that the PFAS found in the mosquitocide emanated from the product’s HDPE plastic container, which was fluorinated by Inhance. EPA later concluded that PFOA and other PFAS chemicals in containers fluorinated by Inhance can migrate into liquid products and continue migrating over time.Continue Reading US EPA Seeks to Eliminate PFAS From HDPE Plastic Containers

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On October 17, California Attorney General Rob Bonta issued an Enforcement Advisory Letter indicating that the Attorney General’s office intends to bring enforcement actions against companies that fail to comply with California’s new law restricting the use of per- and polyfluoroalkyl substances (PFAS) in food packaging and requiring disclosure and labeling when PFAS are used in cookware products.

The California law, known as Assembly Bill 1200 (A.B. 1200), went into effect on January 1, 2023. The law prohibits businesses, including shops and restaurants selling take-out food, from distributing, selling, or offering for sale any “food packaging” that contains PFAS. “Food packaging” is broadly defined and includes take-out food containers, unit product boxes, liners, wrappers, serving vessels, eating utensils, straws, food boxes, and disposable plates, bowls, or trays. The law also requires disclosure and labeling when PFAS are intentionally included in any “cookware” product that comes into contact with food or beverages. “Cookware” includes pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils.Continue Reading California Attorney General Reinforces Intent to Pursue Enforcement Actions Against Violators of New PFAS Content Law