EPA Issues Fourth TSCA Test Order for PFAS – Update from Bergeson & Campbell, P.C.

EPA announced on March 25, 2024, that it has issued the fourth TSCA test order requiring testing on PFAS under its National PFAS Testing Strategy. According to EPA, the action requires the 3M Company and Wacker Chemical Corporation to conduct and submit testing on the physical-chemical properties of NMeFOSE (CAS RN® 24448-09-7), including testing on the health effects following inhalation of this chemical. According to EPA, NMeFOSE “has been used widely in products, including clothing and carpet treatments as well as furniture coatings (paint and varnish).” EPA states that NMeFOSE has been found in the air and in biosolids, a byproduct of the water treatment processes often used on agricultural fields as fertilizer. EPA notes that studies have demonstrated that NMeFOSE can accumulate in indoor dust and air, as well as in outdoor environmental media. For more information, please read the full memorandum.

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