Last week, Taylor Research Group (TRG) attended the Environmental Law Institute’s (ELI) monthly PFAS webinar briefing for a timely discussion on the EPA’s one-time Toxic Substances Control Act (TSCA) data-collecting rule for PFAS. More specifically, by May 2025, any entity that has manufactured or imported PFAS or PFAS-containing articles since January 1, 2011 must electronically report its PFAS usage, production volumes, disposal, exposures, and hazards. In what has become a common theme in presentations regarding PFAS regulation, TRG’s main takeaway is that manufacturers must diligently make a plan for record keeping and recording if they hope to avoid stiff penalties.
PFAS Regulation for Consumer Products: Immediate Action Recommended
Last week’s iteration of the Environmental Law Institute’s (ELI) monthly PFAS webinar focused on state PFAS regulations for consumer products. Echoing the message from prior meetings, the speakers implored manufacturers in this realm to conduct due diligence investigations in preparation for forthcoming enforcement. However, they noted that significant challenges exist for even the most well-intentioned producers. Namely, state regulations are often vague and broad, and PFAS release and exposure during the manufacturing process can be unforeseen and quite surprising. This creates an environment that can lead to hesitation and inaction, decisions that can ultimately be detrimental and costly.
Just the Beginning: EPA’s MCL Announcement for PFAS Indicates that Additional Regulatory Action is Imminent
We are once again eager to share our takeaways from the Environmental Law Institute’s (ELI) monthly PFAS webinar. This month’s speakers provided an in-depth discussion on the EPA’s recent announcement that established Maximum Contaminant Levels (MCLs) for six PFAS: PFOA, PFOS, PFHxS, PFNA, and HFPO-DA, as well as mixtures containing two or more of PFHxS, PFNA, HFPO-DA, and PFBS. This very informative session went beyond the immediate effects of this designation and, instead, largely focused on what is still in store for PFAS regulatory action. The theme that resonated most with us is that this decision is just the beginning.
Be Prepared: EPA’s PFOA and PFOS CERCLA Designation Is Imminent
Taylor Research Group (TRG) recently attended the Environmental Law Institute’s (ELI) monthly PFAS webinar briefing, and we are eager to share our key takeaways from a very timely and informative panel session. The Environmental Protection Agency (EPA) will designate Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA hazardous substances any day now, so the panelists focused on the policy implications of this forthcoming designation. The theme that resonated most for TRG is that industrial firms (and their in-house or outside legal counsel) should prepare now to limit their potential liability costs.
PFAS: New Developments, Old Problems
Last month, the U.S. Department of Defense issued a new specification for fluorine-free foam (“F3”) that would replace the PFAS-containing AFFF (Aqueous Film-Forming Foam), still widely used by the U.S. military and airport firefighting crews. This is an important step in reducing or ending the use of AFFF, which continues to be used in select applications because it has no adequate replacement. The new specification limits PFAS content in the F3 foam to 1 part per billion. The Federal Aviation Administration (FAA) has been working with the U.S. Navy to develop the new specification, and has advised that it will permit usage of F3 at facilities under its oversight once qualified products have been introduced.