carefully consider what information must be protected as CBI and how they will be able to substantiate their CBI claims to the agency.
Planning your PFAS investigations
A more sophisticated‘ Plan, Do, Check, Act’ approach can provide a systematic framework for identifying and investigating PFAS in your supply chain. Start by collecting your data and correcting any obvious errors, especially regarding whether you are the importer of record. Then, work with your suppliers to determine precisely which substances must be reported in each jurisdiction.
Although analytical testing for individual PFAS is becoming more common, it should not be the first step in your investigation. Before testing, be mindful of the PFAS definition and the lowest detectable limits in your jurisdiction. When testing is performed, remember that measurements of total organic fluorine or total fluorine will often return a positive result for PFAS, simply because fluorine is widespread.
Other notable TSCA updates
We are seeing a growing number of Notices of Inspections( NoIs) from the EPA. A NoI usually entails a review of documentation with respect to the following TSCA sections:
• 5, requiring manufacturers or importers to notify the EPA of any new substance in commerce
• 8, requiring manufacturers or importers to keep records and report information of suspected but not known risks
• 12( b), requiring chemical exporters to submit information about certain chemicals
• 13, requiring chemical importers to submit certification statements concerning shipments of chemical substances.
The EPA may respond to noncompliance by issuing injunctive orders to stop the non-complying
Firefighting foams have been the first application targeted under US PFAS regulations
action, levying civil fines for violations( currently up to $ 49,772 / day for each violation), pursuing criminal prosecution, which can include prison terms of up to one year, and / or publicising the violation.
In 1H 2025, the EPA seemed to focus on staffing as part of a broader effort to improve efficiency. In 2H, it focused on faster responses for industry. Significant New Use Rules( SNURs) are still the norm.
We are also seeing cases where the final SNUR has different criteria than the original CO. If you are going to submit a Significant New Use Notice( SNUN), we recommend trying to find the final SNUR. If there is any confusion, request a pre-notice consultation to confirm whether you need to submit the SNUN.
There is a process for expedited review for new chemicals related to artificial intelligence data centres and related infrastructure( e. g., high voltage transmission lines and other equipment).
TSCA updates on PBT chemicals
The first set of TSCA rules to ban or restrict five persistent, bioaccumulative, and toxic( PBT) chemicals was finalised in January 2021. The five regulated PBTs under Section 6( h) are:
• Decabromodiphenyl ether( DecaBDE): A flame retardant( FR) formerly used in electronics, textiles and building materials. Most uses are now prohibited
• Phenol, Isopropylated Phosphate( 3:1)( PIP( 3:1)): A plasticiser and FR used in products, including electronics, lubricants and adhesives. The EPA has issued several revisions and extensions for PIP( 3:1), due to its widespread use and related supply chain issues
• 2,4,6-Tris( tert-butyl) phenol( 2,4,6- TTBP): An additive in lubricants and fuels, with restrictions on its concentration in oil, lubricants and containers under 35 gallons( 135L)
• Hexachlorobutadiene( HCBD): A by-product from the manufacture of other chlorinated chemicals and a solvent in rubber manufacturing. It is largely prohibited, with limited exceptions for unintentional production and disposal
• Pentachlorothiophenol( PCTP): A plasticiser whose manufacture, processing, and distribution are prohibited unless the concentration is below 1 wt %
• The EPA revised the PBT rules to address implementation issues and provide clarity, particularly for PIP( 3:1) and DecaBDE in 2024. These revisions provide new
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