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ARTICLE · 14 JUNE 2022

First PFAS Test Order Issued By EPA

Winston Taylor
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The Environmental Protection Agency (EPA) issued the first in an anticipated series of test orders under Section 4 of the Toxic Substances Control Act (TSCA) on June 6, 2022.

United StatesEnergy and Natural Resources
Jonathan D. Brightbill
Jonathan D. Brightbill
Francie N. Berger
Francie N. Berger

KEY TAKEAWAYS:

  • Government regulatory action and private litigation relating to PFAS continues to expand
  • EPA issued a PFAS-related test order under Section 4 of the Toxic Substances Control Act on June 6, 2022
  • This is the first of several anticipated orders for PFAS manufacturers to conduct testing on the human/ecological effects of certain PFAS
  • EPA's action coincides with other novel PFAS regulation, like an expected ban on PFAS in clothing in New York

The Environmental Protection Agency (EPA) issued the first in an anticipated series of test orders under Section 4 of the Toxic Substances Control Act (TSCA) on June 6, 2022.1 Under the order, the companies identified by EPA are required to conduct testing or submit certain existing data on per- and polyfluoroalkyl substances (PFAS).2

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