EPA Announces Next Test Order Issued under National Testing Strategy for PFAS Used in Plastics, Chemical Manufacturing – Update from Bergeson & Campbell, P.C.

The U.S. Environmental Protection Agency (EPA) announced on January 4, 2023, that it issued the next Toxic Substances Control Act (TSCA) test order requiring testing on per- and polyfluoroalkyl substances (PFAS) under its National PFAS Testing Strategy. The test order requires companies to conduct and submit testing on trifluoro(trifluoromethyl)oxirane (HFPO), a perfluoroalkyl substance used in making plastics. EPA states that this is “the second test order under the strategy and the latest action taken under EPA’s PFAS Strategic Roadmap to confront contamination from forever chemicals nationwide.” According to the press release, EPA will use the information received under the order to improve its understanding of human health effects of HFPO, as well as “the effects of dozens of PFAS that are structurally similar to HFPO and in the same Testing Strategy category of PFAS, improving the agency’s overall data on PFAS.” For more information on this test rule and our Commentary, please read the full memorandum.

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