CHEMICALS: SCIENTIFIC AND REGULATORY SUPPORT

PFAS

PFAS is a very hot topic in the chemical regulatory world! So what is it exactly? PFAS (per- and polyfluoroalkyl substances) chemicals, also called “forever chemicals” in the media due to their prolonged presence, consist of a large group of persistent fluorinated chemicals that have been manufactured and used as raw materials in several industries. ​

toXcel has staff focused on PFAS and follows the numerous federal and state regulatory updates in this developing area under US EPA/TSCA and other regulatory bodies.

toXcel has provided technical and scientific support for client submissions of PFAS-impurities under TSCA Section 5. toXcel can review available information from companies to help determine their potential liabilities related to PFAS, develop strategies related to testing, determine reporting requirements, develop risk and exposure assessments, and help companies navigate forward in this developing area. ​

toXcel is also familiar with the new TSCA one-time reporting rule (rule promulgated in late 2023) under TSCA, having presented on this subject to the Household and Commercial Products Association (HCPA) regarding due diligence efforts related to PFAS (contact us if you are interested in seeing this presentation), and is available to assist clients in understanding their reporting requirements and how to gather the required documentation for these persistent substances. US EPA recently extended the initial reporting period again for this one-time rule due to the Agency’s budget constraints in getting set up to receive the data. But don’t wait – the deadlines in 2026 are still coming up fast and there is more to do than you think! toXcel follows the major PFAS developments to keep you up to date.​

CDR Reporting under TSCA

The Chemical Data Reporting (CDR) rule requires manufacturers (including importers) to report data to the U.S. Environmental Protection Agency (US EPA) every four years. The CDR rule requires all companies to report data electronically through EPA’s Central Data Exchange (CDX) system. The most recent reporting year was in 2024 – this reporting period covered chemicals manufactured or imported between 2020 and 2023. The next reporting year will be 2028.​

toXcel can assist companies to review possible exemptions their business may qualify for (including low volume and polymer exemptions) and determine reporting requirements. Under the rule, manufacturers and importers are required to report to EPA exposure-related information, including information on the types, quantities, and uses of chemical substances produced domestically and imported into the United States. toXcel assists in preparing this information in the required CDX form and aiding companies in the submission process.​

California Safer Consumer Products (CSCP) Regulations

The California Safer Consumer Products Regulations, promulgated under AB-1879 and SB-509, require the development of green chemistry alternatives for chemicals present in consumer products that are sold in California. This law was implemented on October 1, 2013. CSCP is managed by the California Department of Toxic Substances Control (DTSC).​

toXcel can assist affected manufacturers and distributors in navigating the DTSC system, developing key required documents for submission to be compliant with DTSC deadlines, and developing comments on key DTSC-generated documents, as needed. ​

toXcel staff routinely follow developments in the CSCP program to alert clients to DTSC news and rule-makings which may affect key aspects of their business.​

California Proposition 65

toXcel’s goal is to protect your business by minimizing regulatory risks and exposure liabilities under California’s Proposition 65 (Safe Drinking Water and Toxic Enforcement Act). This law safeguards California residents from toxic chemical exposures via products, drinking water, and the environment, and is administered by the Office of Environmental Health Hazard Assessment (OEHHA).​

With extensive experience across antimicrobials, pesticides, cosmetics, personal care, cleaning products, and medical devices, toXcel develops product-specific exposure assessments to proactively manage risks and defend against enforcement actions. We have successfully suspended OEHHA actions and achieved chemical de-listings from Prop 65 — rare accomplishments that set us apart. When warnings are unavoidable, we craft compliant, least-impactful Proposition 65 warning statements tailored to your products.