EPA Issues Test Order for PFAS 6:2 FTAc
On October 9, 2024, EPA issued a test order under the Toxic Substances Control Act (TSCA) for the PFAS chemical 6:2 FTAc (CASRN 17527-29-6). The order is the fifth issued under EPA’s National PFAS Testing Strategy, which was launched in 2021. The order employs a tiered testing approach, as required by TSCA. Studies on 6:2 […]
Court Vacates EPA Test Order, Citing Incomplete Evidence in Public Record
On August 28, 2024, the D.C. Circuit issued an order in Vinyl Institute v. EPA, a case challenging a Toxic Substances Control Act (TSCA) test order issued in March 2022. The mandate signals that neither party intends to appeal the court’s July 5 ruling, which found EPA’s justification for the test order inadequate. The test […]
TSCA Test Order Issued for PFAS NMeFOSE
On March 20, 2024, EPA issued a test order for a PFAS known as NMeFOSE (CASRN 24448-09-7). The order, issued under section 4(a) of the Toxic Substances Control Act, requires 3M Co. and Wacker Chemical Corp. to conduct tiered testing on NMeFOSE. NMeFOSE was selected for testing as a representative of a group of similar […]
Oral Arguments in Case Challenging TSCA Test Order
On December 1, 2023, a panel of the D.C. Circuit heard oral arguments in Vinyl Institute v EPA. The case marks the first legal challenge of EPA’s authority to administer Toxic Substances Control Act (TSCA) section 4 test orders since Congress granted EPA the authority in the 2016 Lautenberg Amendments. The case revolves around an […]
EPA Issues First Test Order for PFAS in Commercial Firefighting Foam
EPA recently issued a test order under TSCA section 4 to select companies requiring that they develop and submit certain information on 6:2 fluorotelomer sulfonamide betaine, a PFAS. The order is part of the Agency’s National PFAS Testing Strategy which will evaluate a large number of PFAS for potential human and ecological effects as “most […]