News & Analysis as of

Chemicals Manufacturers Toxic Substances Control Act (TSCA)

Bergeson & Campbell, P.C.

EPA Will Postpone Submission Period for TSCA Section 8(a)(7) Reporting on PFAS

The U.S. Environmental Protection Agency is scheduled to publish a direct final rule on September 5, 2024, that will amend the Toxic Substances Control Act (TSCA) regulation with reporting and recordkeeping requirements for...more

Bergeson & Campbell, P.C.

CEH and PEER File Suit Seeking TSCA Section 6 Rule Prohibiting Production of PFOA During Fluorination of Plastic Containers

On July 25, 2024, the Center for Environmental Health (CEH) and Public Employees for Environmental Responsibility (PEER) filed suit against the U.S. Environmental Protection Agency (EPA) in the U.S. District Court for the...more

Bergeson & Campbell, P.C.

EPA Begins 90-Day Comment Period on Proposed High-Priority Substance Designations for Five Chemicals

The U.S. Environmental Protection Agency (EPA) announced on July 25, 2024, that it is proposing to designate acetaldehyde, acrylonitrile, benzenamine, vinyl chloride, and 4,4-methylene bis(2-chloroaniline) (MBOCA) as...more

Bergeson & Campbell, P.C.

EPA Publishes Compliance Guide for Final Methylene Chloride Risk Management Rule

On July 10, 2024, the U.S. Environmental Protection Agency (EPA) published a compliance guide for its final methylene chloride risk management rule issued under the Toxic Substances Control Act (TSCA). According to EPA, the...more

Bergeson & Campbell, P.C.

Senate Committee Will Hold Hearing on Understanding the Potential Environmental Impacts of 6PPD

The Senate Committee on Environment and Public Works will hold a hearing on July 31, 2024, on “Understanding the Potential Environmental Impacts of the Chemical 6PPD.” The scheduled witnesses include...more

Bergeson & Campbell, P.C.

EPA Announces New Initiatives to Improve Efficiency, Worker Protections, and Transparency in New Chemical Reviews

During the June 26, 2024, “TSCA Reform — Eight Years Later” conference, presented by Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute, (ELI), and the George Washington University Milken Institute School of...more

Bergeson & Campbell, P.C.

EPA’s Proposed NMP Risk Management Rule Includes Requirements to Protect Workers and Consumers

On June 15, 2024, the U.S. Environmental Protection Agency (EPA) issued a proposed rule under Section 6(a) of the Toxic Substances Control Act (TSCA) that would protect workers and consumers from exposure to...more

Bergeson & Campbell, P.C.

EPA Announces Peer Review of 1,1-Dichloroethane TSCA Risk Evaluation and 1,2-Dichloroethane Hazard Assessment, Calls for Public...

The U.S. Environmental Protection Agency (EPA) announced on June 13, 2024, the change in the peer review mechanism from the letter peer review to a Science Advisory Committee on Chemicals (SACC) peer review; the addition of...more

Bergeson & Campbell, P.C.

EPA Releases Draft Risk Evaluation Documents for DIDP and DINP for Public Comment and Peer Review

The U.S. Environmental Protection Agency (EPA) announced on May 20, 2024, the availability of and solicited public comment on the draft manufacturer-requested risk evaluation (MRRE) for di-isodecyl phthalate (DIDP) and the...more

Bergeson & Campbell, P.C.

EPA Announces New Resource Portal and Reporting Tool Improvements Before CDR Reporting Begins on June 1, 2024

The Chemical Data Reporting (CDR) rule requires manufacturers (including importers) to report data to the U.S. Environmental Protection Agency (EPA) every four years. The 2024 submission period will begin June 1, 2024, and...more

Faegre Drinker Biddle & Reath LLP

EPA Takes Another Step in Regulating Chemical Manufacturers and Article Importers

On March 26, 2024, the U.S. Environmental Protection Agency (EPA) proposed a rule under Section 8(d) of the Toxic Substances and Control Act (TSCA) to require all manufacturers and importers to report unpublished health and...more

Beveridge & Diamond PC

What’s New? Fifth Circuit Invalidates EPA Orders on Significant “New” Uses

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A small business that fluorinates plastic containers and fuel tanks secured a victory on March 21 under the Toxic Substances Control Act (TSCA). The U.S. Court of Appeals for the Fifth Circuit invalidated two unilateral...more

Bergeson & Campbell, P.C.

EPA Issues Draft Risk Evaluation for Formaldehyde, Preliminarily Finds That Formaldehyde Poses Unreasonable Risk to Human Health

The U.S. Environmental Protection Agency (EPA) announced on March 15, 2024, the availability of and solicited public comment on the 2024 draft risk evaluation for formaldehyde prepared under the Toxic Substances Control Act...more

Bergeson & Campbell, P.C.

EPA Announces Settlement with Haifa North America to Resolve Alleged TSCA Reporting Violations

The U.S. Environmental Protection Agency (EPA) announced on March 6, 2024, a settlement requiring Haifa North America, Inc. (Haifa) to pay a civil penalty of $664,267 “for violations of chemical data reporting regulations...more

Beveridge & Diamond PC

Get Ready for Higher TSCA Fees

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The U.S. Environmental Protection Agency (EPA) has substantially raised its fees for most actions under the Toxic Substances Control Act (TSCA). In a final rule published on February 21, 2024, 89 Fed. Reg. 12961, EPA...more

Bergeson & Campbell, P.C.

EPA Extends Submission Deadline for Polymer Exemption Reports and Accompanying Claims

The U.S. Environmental Protection Agency (EPA) published a final rule on February 16, 2024, amending the Toxic Substances Control Act (TSCA) regulations for polymers manufactured under the terms of the polymer exemption by...more

BCLP

EPA’s Noncomprehensive List of PFAS Subject to the TSCA Reporting Rule

BCLP on

In 2023, the United States Environmental Protection Agency (“EPA”) issued a final rule under the Toxic Substances Control Act (“TSCA”) which requires manufacturers, including importers, of certain per- and polyfluoroalkyl...more

Beveridge & Diamond PC

Washington State Petitions EPA to Ban Inadvertently Generated PCBs – Targeted to Pigments, Inks, and Dyes

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The Washington State Department of Ecology (Ecology) filed a petition on January 4, 2024, under the Toxic Substances Control Act (TSCA) requesting that the U.S. Environmental Protection Agency (EPA) reduce allowances for...more

Bergeson & Campbell, P.C.

EPA Begins TSCA Prioritization Process for Five Chemicals, Requires Reporting on MBOCA

The U.S. Environmental Protection Agency (EPA) announced on December 18, 2023, that it is beginning the process to prioritize five additional toxic chemicals for risk evaluation under the Toxic Substances Control Act (TSCA)....more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, December 2023

TSCA/FIFRA/TRI - U.S. Tire Manufacturers Association And USGS Partner For Joint Research Into 6PPD Alternatives: On November 15, 2023, the U.S. Tire Manufacturers Association (USTMA) announced that it will partner with the...more

Bergeson & Campbell, P.C.

EPA Proposes to Amend PBT Rules for decaBDE and PIP (3:1)

On November 24, 2023, the U.S. Environmental Protection Agency (EPA) published a proposed rule that will amend the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)), two...more

Bergeson & Campbell, P.C.

EPA Proposes to Ban TCE

The U.S. Environmental Protection Agency (EPA) proposed on October 31, 2023, to ban all uses of trichloroethylene (TCE) after determining that it presents an unreasonable risk of injury to human health under its conditions...more

Bergeson & Campbell, P.C.

EPA Proposes to Amend TSCA Risk Evaluation Framework Rule

The U.S. Environmental Protection Agency (EPA) announced on October 19, 2023, a proposed rule that would amend the procedural framework rule for conducting risk evaluations under the Toxic Substances Control Act (TSCA)....more

Wiley Rein LLP

EPA Eliminates De Minimis Exemption for PFAS Under TRI Reporting, Proposes Changes to Chemical Risk Evaluations Under TSCA

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The U.S. Environmental Protection Agency (EPA or Agency) has issued two pre-publication announcements on notable regulatory actions that may affect your business. The first one will increase the amount of information that...more

Beveridge & Diamond PC

EPA Adopts PFAS Reporting Requirements Applicable to Article Importers and Chemical Manufacturers

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The U.S. Environmental Protection Agency (EPA) has finalized a one-time reporting rule regarding the manufacture (including import) of per- and polyfluoroalkyl substances (PFAS). Despite heavy industry opposition, obligated...more

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