Read the full article by Lynn L. Bergeson & Carla N. Hutton (National Law Review)

“On January 22, 2021, the U.S. Environmental Protection Agency (EPA) published the reasons for its denial of a petition requesting it to require health and environmental effects testing on 54 per- and polyfluoroalkyl substances (PFAS).  86 Fed. Reg. 6602.  The petition sought issuance of a rule or order under TSCA Section 4 compelling The Chemours Company (Chemours) to fund and carry out this testing under the direction of a panel of independent scientists.  EPA states that it finds the petitioners have not provided the facts necessary for it to determine for each of the 54 PFAS that ‘existing information and experience are insufficient and testing of such substance or mixture with respect to such effects is necessary to develop such information.’  After ‘careful consideration,’ EPA denied the TSCA petition for the following reasons:

Insufficient Information and Experience:  According to EPA, the petition does not set forth the facts necessary to demonstrate that there is ‘insufficient information and experience’ for each of the 54 PFAS.  The petitioners state, in part, ‘[f]or the 54 PFAS, the sufficiency of available information should be determined by comparing available data with the known adverse effects of other PFAS.  The goal should be to conduct a scientifically sound assessment of each of the 54 chemicals for the critical toxic endpoints that have been identified in studies on [perfluorooctane sulfonate (PFOS)], [perfluorooctanoic acid (PFOA)] and other well-characterized studies.’  EPA states that the petitioners do not provide evidence that they conducted an assessment to support a finding of insufficient information and experience, however;

Testing of Such Substance or Mixture with Respect to Such Effects Is Necessary to Develop Such Information:  According to EPA, the petitioners do not demonstrate ‘testing of such substance or mixture with respect to such effects is necessary to develop such information.’  EPA finds that the petitioners failed to address ongoing testing and data collections for some of the 54 PFAS, thereby failing to set forth facts that are necessary to establish there is a need for the testing sought in the petition.  According to EPA, this research may provide information that overlaps with testing the petitioners requested, which would render the information unnecessary under TSCA Section 4(a)(1)(A)(i)(III)…”