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February Updates from the PCRRTK Committee

Lynn L. Bergeson, Nancy Beck, Ryan Joseph Sylvester Carra, Lawrence E Culleen, Mark N Duvall, Martha E Marrapese, Judah Prero, and Javaneh Tarter


  • Provides articles written by members of the Pesticides and Chemicals committee in one location.
  • Explores recent updates and cases in Pesticides and Chemicals law.
February Updates from the PCRRTK Committee
tzahiV via Getty Images

Announcement: Recent Regulatory Agendas Show Numerous Delayed Awaited Agency Actions on PFAS and TSCA Chemicals—published February 6, 2023, by Gregory R. Wall, Matthew Z. Leopold, Javaneh S. Tarter, Nancy B. Beck, and Paul T. Nyffeler

In January 2023, federal agencies released their “Fall 2022” Regulatory Agendas that provide road maps for upcoming and long-term regulatory actions on chemicals that could have significant implications for the regulated community. These agendas make clear that the Biden administration continues to prioritize regulatory actions to address per- and polyfluoroalkyl substances (PFAS) across multiple agencies. And the U.S. Environmental Protection Agency (EPA) also continues to implement numerous regulatory initiatives to assess and mitigate chemical risks under the strengthened Toxic Substances Control Act (TSCA).

Hunton’s chemical regulatory team has provided analyses of these upcoming regulatory actions:

EPA Releases Improved Calculators to Measure Impact of P2 Activities—published February 7, 2023, by Lynn L. Bergeson and Carla N. Hutton

EPA announced on February 3, 2023, the release of three improved pollution prevention (P2) calculator tools (downloads)—the P2 Cost Calculator, the P2 Greenhouse Gas Calculator, and the P2 Calculator for Reductions in Hazardous Substances, Pollutants and Contaminants. According to EPA, these tools convert information on P2 activities at a business, such as reductions in energy use, into information on cost savings and pollution reductions. They help P2 grantees, technical assistance providers, and others measure environmental outcomes and economic performance related to P2 activities.

TSCA in 2023: There’s a Lot Coming—published February 9, 2023, by Mark N. Duvall and Ryan J. Cara

Last year was busy with regulatory actions under TSCA. This year promises to be even busier. Companies should make sure they are paying attention, including to comment deadlines for proposed rules.

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ECHA Publishes Proposal to Restrict More Than 10,000 PFAS under REACH—published February 13, 2023, by Lynn L. Bergeson and Carla N. Hutton

On February 7, 2023, the European Chemicals Agency (ECHA) announced the availability of a much anticipated detailed proposal to restrict more than 10,000 PFAS under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation. The national authorities of Denmark, Germany, the Netherlands, Norway, and Sweden (dossier submitters) submitted the proposal after finding risks in the manufacture, placement on the market, and use of PFAS that are not, in their view, adequately controlled and need to be addressed throughout the European Union (EU) and the European Economic Area (EEA). The proposal suggests two restriction options—a full ban and a ban with use-specific derogations—to address the identified risks.

Maine Issues Proposed Rule Concerning PFAS-Containing Products—published February 17, 2023, by Lawrence E. Culleen, Elissa J. Preheim, and Judah Prero

On February 14, the Maine Department of Environmental Protection (the Department or DEP) initiated the long-awaited rulemaking process to implement notification requirements and sales prohibitions for products and product components containing intentionally added PFAS.


As we previously discussed, in July 2021, the Maine legislature enacted the Act to Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution, 38 M.R.S. § 1614. The primary components of the law are a ban on the sale and distribution in Maine of any product that contains intentionally added PFAS starting January 1, 2030, and a requirement that manufacturers of such products submit a written notification to Maine DEP informing the department of products they sell in the state that contain intentionally added PFAS. This later portion took effect January 1, 2023, at the same time a prohibition on the sale of PFAS-containing carpet, rug, or fabric treatment went into effect.

EPA Updates TSCA Inventory, Plans Next Update in Summer 2023—published February 17, 2023, by Lynn L. Bergeson and Carla N. Hutton

EPA announced on February 16, 2023, that the latest TSCA Chemical Substance Inventory is now available on its website. The TSCA Inventory is a list of all existing chemical substances manufactured, processed, or imported in the United States. According to EPA, this update to the public TSCA Inventory is part of its biannual posting of nonconfidential Inventory data. EPA plans the next regular update of the TSCA Inventory for summer 2023.

Maine Proposes Rule to Clarify Reporting Requirements for PFAS in Products—published February 17, 2023, by Lynn L. Bergeson and Carla N. Hutton

On February 14, 2023, the Maine DEP announced a much anticipated proposed rule intended to provide additional guidance on the notification requirements and sales prohibitions for products and product components containing intentionally added PFAS. Maine DEP will hold a public hearing on April 20, 2023. Comments are due May 19, 2023, by 5:00 p.m. (EDT).

ECHA Announces Updates to Monomer and Polymer Guidance Following Board of Appeal Decision—published February 21, 2023, by Lynn L. Bergeson and Carla N. Hutton

On June 29, 2021, the ECHA Board of Appeal (BoA) issued a decision on a compliance check case (A-001-2020) regarding registration obligations for polymer importers. ECHA rejected the adaptations by which the appellant had sought to fulfill the standard information requirements for a sub-chronic toxicity study (section 8.6.2. of Annex IX to the REACH regulation), a pre-natal developmental toxicity (PNDT) study on one species (section 8.7.2. of REACH Annex IX), and a simulation of ultimate degradation in surface water (section of REACH Annex IX). In its decision, BoA dismissed the appeal in regard to the sub-chronic toxicity study and the PNDT study, but annulled the contested decision insofar as it required the appellant to submit information on the simulation of ultimate degradation.

ECHA announced on February 21, 2023, that it has revised its Guidance for monomers and polymers to align with BoA’s June 2021 decision and includes changes to the description of registration obligations for those importing and manufacturing polymers and monomers. 

Five Key Features of the EU’s Proposed PFAS Restrictions—published February 22, 2023, by Lawrence E. Culleen, Judah Prero, and Tom Fox

On February 7, 2023, ECHA released a 211-page proposal regarding PFAS restrictions.

The restrictions are being proposed pursuant to REACH, the EU’s main regulation governing chemicals that are placed on the market for use and distribution. If implemented without change, the restrictions would largely eliminate the production and use of PFAS in Europe in most applications above certain very low levels. The proposal also would prohibit PFAS above those levels in substances and mixtures as well as in manufactured articles. The proposed restrictions are contained in a lengthy document spanning more than 200 pages and another set of annexes containing nearly 2,000 pages of supporting material. The restriction proposal was prepared based on a dossier submitted in January by authorities in Denmark, Germany, the Netherlands, Norway, and Sweden.

EPA Held Regional PFAS Community Engagement Sessions in February and March 2023—published February 22, 2023, by Lynn L. Bergeson and Carla N. Hutton

As reported in our October 19, 2021, memorandum, EPA published the PFAS Strategic Roadmap in October 2021, “laying out a whole-of-agency approach” to addressing PFAS. As part of the Roadmap, EPA committed to engage with communities in each EPA region to understand better their experiences and challenges in addressing PFAS contamination. To help inform EPA’s ongoing work under the Roadmap, EPA plans to facilitate a series of virtual community engagement sessions in 2023 for each of EPA’s 10 regions. EPA states that it also plans to hold a session specifically designed to hear from its Tribal partners. The engagement sessions will provide opportunities for communities to share feedback directly with EPA regional and PFAS Council leaders to inform the implementation of the actions described in the roadmap.

What to Expect for Risk Management Activities Under TSCA in 2023—published February 22, 2023, by Martha E. Marrapese

View a chart that shows what to expect for risk management activities under TSCA in 2023 here.

Maine Department of Environmental Protection Releases Proposed Rule Implementing the Procedures for Maine’s Reporting Requirements and Prohibitions for Products Containing PFAS—published February 23, 2023, by Nancy B. Beck, Matthew Z. Leopold, Javaneh S. Tarter, and Gregory R. Wall

The Maine DEP recently released a long anticipated proposed rule that would implement the procedures for Maine’s 2021 law requiring manufacturers to submit notifications to DEP for products and product components containing intentionally added PFAS sold in the state. Stakeholders will have until May 19, 2023, to provide comments on the proposal.

While Maine’s notification requirements went into effect on January 1, 2023, the proposed rule provides critical details on the applicability and procedures for notifications. Many manufacturers who received extensions from the January 1, 2023, notification deadline will be interested in reviewing the details of this proposal.