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ARTICLE · 27 MAY 2025

EAB Issues Consent Agreement And Final Order For TSCA Section 5 Violations

Bergeson & Campbell
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On May 5, 2025, the U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) issued a consent agreement and final order between EPA and Cytonix, LLC (Cytonix). According to the consent agreement...

United StatesEnvironment
Lynn L. Bergeson Esq.
Lynn L. Bergeson Esq.
Carla Hutton
Carla Hutton
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On May 5, 2025, the U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) issued a consent agreement and final order between EPA and Cytonix, LLC (Cytonix). According to the consent agreement, in 2022, EPA inspectors discovered Cytonix's potential noncompliance with requirements under Section 5 of the Toxic Substances Control Act (TSCA) for a manufactured chemical substance consisting of short-chain polyfluorinated materials (Chemical A) that was developed as a replacement for a chemical substance containing long-chain (C8) perfluorinated alkyl groups. In 2024, EPA identified potential TSCA Section 5 violations for manufacturing Chemical A prior to submitting a premanufacture notice (PMN) or a low volume exemption (LVE) application. According to Cytonix, it mistakenly believed Chemical A was included on the TSCA Inventory at the time of manufacture. As soon as Cytonix learned of the illegal manufacture, it immediately ceased manufacture and

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