The Occupational Safety and Health Administration (OSHA) has amended its Hazard Communication Standard (HCS), 29 C.F.R. § 1910.1200, to align with Revision 7 (Rev. 7) of the United Nations’ Globally Harmonized System of...more
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
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
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
Key Takeaways -
The U.S. Environmental Protection Agency (EPA) published proposed revisions to its regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)) on November 24. EPA...more
Summary -
The U.S. Environmental Protection Agency (EPA) published proposed revisions of its procedural rule on risk evaluations under TSCA on October 30, 2023. The far-reaching changes are likely to affect all ongoing and...more
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
With the passage of Washington’s Toxic-Free Cosmetics Act of 2023, several states are gearing up to pass similar laws. The new Washington law bans the manufacture, sale, and distribution of cosmetic products that contain any...more
The U.S. Environmental Protection Agency (EPA) has proposed changes to its Toxic Substances Control Act (TSCA) regulations dealing with premanufacture notices (PMNs) and certain exemptions from PMN requirements. Of particular...more
In a rare move, on May 3, 2023, the U.S. Environmental Protection Agency (EPA) announced that it was granting enforcement discretion to the nuclear industry and its suppliers to resume using wire and cable intended for use in...more
The U.S. Environmental Protection Agency (EPA) has proposed to ban almost all uses of methylene chloride (also called dichloromethane), a widely-used solvent and processing aid. The chemical was manufactured or imported in...more
Last year was busy with regulatory actions under the Toxic Substances Control Act (TSCA). This year promises to be even busier. Companies should make sure they are paying attention, including to comment deadlines for proposed...more
Does your company manufacture domestically or import chemicals that the U.S. Environmental Protection Agency (EPA) is reviewing under section 6 of the Toxic Substances Control Act (TSCA)? Does your company submit applications...more
Companies often submit confidential business information (CBI) to the U.S. Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA) with the expectation that EPA will not divulge that information to...more
EPA has proposed a ban on the ongoing uses of chrysotile asbestos, illustrating EPA’s strong authority under section 6 of the Toxic Substances Control Act (TSCA). Nevertheless, it is the alternatives to a ban that EPA...more
A year into the Biden Administration’s implementation of the 2016 amendments of the Toxic Substances Control Act (TSCA), EPA is planning an ambitious suite of actions under sections 4, 5, 6, 8, 14, and 23. Companies and trade...more
Following up on the short-term extension that it issued in September, EPA has issued a notice of proposed rulemaking that will further extend the compliance deadline for the processing and distribution in commerce of certain...more
October 26, 2021 Update:
Following up on the short-term extension that it issued in September, EPA has issued a notice of proposed rulemaking that will further extend the compliance deadline for the processing and...more
EPA has issued a prepublication version of a final rule to extend the submission deadline for the TSCA Health and Safety Data Reporting rule to December 1, 2021 for the 20 High Priority Substances, and to January 25, 2022 for...more
Updated September 17, 2021:
EPA continues to extend a key compliance deadline for PIP (3:1). In a final rule effective September 17, 2021, EPA delayed enforcing compliance with the ban on processing and distributing PIP...more
Section 8(d) of the Toxic Substances Control Act (TSCA) had been effectively a dead provision of TSCA for over a decade. EPA has just revived it by adopting an immediate final rule mandating the submission of health and...more
Vermont now has a law restricting per- and polyfluoroalkyl substances (PFAS) in a variety of products. After unanimous approval by both houses of the Vermont legislature, Governor Phil Scott signed into law S.20, an act that...more
OSHA’s hazard communication standard (HCS) is the principal federal requirement governing labels and safety data sheets (SDSs) for hazardous chemicals used in the workplace in the United States. OSHA has proposed to update...more
A federal court has ordered EPA to make extensive changes to its Chemical Data Reporting rule (CDR) with respect to asbestos reporting. While the ruling in ADAO v. Wheeler is limited to CDR reporting of asbestos, it sets the...more
Inventory Reset reporting under the Toxic Substances Control Act (TSCA) seems like years ago, because it was – Form A’s were due February 7, 2018 for manufacturers and October 5, 2018 for processors. Companies are now likely...more