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

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

Minnesota Seeks Comment on PFAS in Products Law

The state of Minnesota is seeking comment on rulemaking to implement one of the country’s two broadest per- and polyfluoroalkyl substances (PFAS) in product laws. The Minnesota Pollution Control Agency (MPCA) is beginning to...more

CPSC Signals Interest in PFAS in Consumer Products

Key Takeaways - • What is happening? The Consumer Products Safety Commission (CPSC) published a request for information (RFI) on per- and polyfluoroalkyl substances (PFAS) used in consumer products, potential human...more

EPA Finalizes Reporting and Recordkeeping Rule for Asbestos

Key Takeaways - What is happening? The U.S. Environmental Protection Agency (EPA) has finalized a rule requiring asbestos manufacturers, importers, and processors to report certain asbestos exposure-related information....more

Federal Trade Commission’s Workshop on Recyclable Claims

Key Takeaways - What’s happening? On May 23, 2023, the Federal Trade Commission (FTC) hosted a public workshop – “Talking Trash at the FTC: Recyclable Claims and the Green Guides” – to discuss “recyclable” advertising...more

Washington State Finalizes Chemical in Product Restrictions; Announces Next Targets

Armed with one of the country’s strongest state chemicals laws, the state of Washington is solidifying its status as a global player in product regulation. We discuss the latest developments below....more

Maine Amends Notification Requirement in PFAS-Containing Products Law

Key Takeaways - What is happening? Maine has enacted an amendment to the state’s statute regulating the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in products....more

EPA Proposes to Eliminate TSCA Exemptions for PFAS and PBTs; Proposes Updates to Other TSCA Regulations

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

TSCA Enforcement Discretion for the Nuclear Industry – 8 Lessons for Everyone

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

Minnesota Poised to Be Second State to Ban PFAS-Containing Products

Key Takeaways - What is happening? The Minnesota legislature passed a bill that would ban the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in products. For certain enumerated categories of products, the ban...more

EPA Proposes to Ban Most Uses of Methylene Chloride

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

TSCA in 2023: There’s a Lot Coming

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

FTC Invites Comments on “Green Guides” Refresh

Advertising claims about the environmental attributes of a product continue to become more important, and the Federal Trade Commission (FTC) is seeking to change how it regulates advertising. The FTC is seeking comment on a...more

TSCA Sticker Shock: EPA Proposes Large Fee Increases

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

EPA Hints at Critical Changes to TSCA PFAS Reporting Rule, Seeks Comment

The U.S. Environmental Protection Agency's (EPA) June 2021 proposal of a Toxic Substances Control Act (TSCA) reporting rule targeting manufacturers of per- and polyfluoroalkyl substances (PFAS) sparked a major outcry from...more

Maine Adopts Broad Ban of PFAS-Containing Products (Updated)

Maine DEP Issues Second Concept Draft of Proposed PFAS Regulation; Schedules Stakeholder Meeting Oct. 27 Maine’s Department of Environmental Protection (Maine DEP) issued a revised “Second Concept Draft” of proposed...more

California Restricts PFAS in Clothing and Cosmetics; Governor Vetoes PFAS Reporting Bill

On September 29, 2022, California Governor Newsom signed California AB 1817, which bans the manufacture and sale of clothing and textile items containing PFAS, and AB 2771, which restricts PFAS in cosmetics. Both prohibitions...more

Maine Adopts Broad Ban of PFAS-Containing Products (Updated)

Maine DEP Requests Comments on Concept Draft of Proposed PFAS Regulations - The Maine DEP has issued a “Concept Draft” of proposed regulations that details some of the notification requirements and sales prohibitions for...more

Washington Advances the Western Front of Product Regulation

The state of Washington has become a global player in product regulation. This month, the Department of Ecology issued a determination to restrict or require reporting on the use of five classes of chemicals in products. In...more

Narrowing Confidentiality Claims Under TSCA

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

The Future Is Now for TSCA Risk Management Rulemaking for Asbestos and Other Chemicals

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

New NY Law Restricts Flame Retardants, Introduces Reporting Requirements

On December 31, 2021, New York Governor Kathy Hochul signed a new law that imposes obligations on manufactures of consumer “electronic displays,” upholstered furniture, and mattresses. Beginning January 2024, any new products...more

TSCA in 2022: Fasten Your Seatbelt

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

Importers of Mercury-Containing Articles Face Reporting Requirements

More than four years after finalizing reporting requirements for the manufacture, import, export, processing, and distribution in commerce of elemental mercury and mercury-added products, EPA has eliminated an exemption for...more

EPA Proposes to Extend Key PIP (3:1) Rule Compliance Deadline to October 31, 2024 (Updated)

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

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