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Minnesota Pollution Control Agency Releases Proposed Reporting Rule for PFAS in Products

The Minnesota Pollution Control Agency (MPCA) is seeking comment on a first-of-its-kind proposed rule that will require manufacturers of products containing intentionally added per- and polyfluoroalkyl substances (PFAS) to...more

New Mexico Becomes Third U.S. State to Prohibit PFAS in Products

This alert was originally published on March 25, 2025, and has been revised based on recent developments. In 2021, Maine became the first U.S. state to enact a law imposing reporting requirements and material...more

New Mexico Poised to Become Third U.S. State to Prohibit PFAS in Products

In 2021, Maine became the first U.S. state to enact a law imposing reporting requirements and material restrictions on all products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS)....more

EPA Finalizes TSCA Risk Management Rules for PCE and TCE (Updated)

Two more chlorinated solvents have been wholly or partially banned by the U.S. Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA). Following the May 8, 2024 final rule on methylene chloride,...more

TSCA Confidentiality Protections Upheld by D.C. Circuit Court

In a landmark decision, the D.C. Circuit Court invalidated an aspect of a U.S. Environmental Protection Agency (EPA) rule concerning confidential business information (CBI) under the Toxic Substances Control Act (TSCA). The...more

TSCA Fee Payments for Manufacturers of Five High-Priority Substances

Companies that manufacture any of five chemicals are facing substantial fee payments under the Toxic Substances Control Act. The U.S. Environmental Protection Agency (EPA) has published preliminary lists of manufacturers that...more

EPA Finalizes Workplace Control Requirements for Carbon Tetrachloride

The U.S. Environmental Protection Agency (EPA) has finalized a rule to protect workers from exposure to carbon tetrachloride (CTC), 40 C.F.R Part 751, Subpart H. This final rule, published on December 18, 2024, aligns with...more

Updates to New Chemicals Regulations under the Toxic Substances Control Act

Key Takeaways Delays by the U.S. Environmental Protection Agency (EPA) in processing premanufacture notices (PMNs) under the Toxic Substances Control Act (TSCA) may lessen under final amendments to section 5 published on...more

EPA Finalizes TSCA Risk Management Rules for PCE and TCE

Two more chlorinated solvents have been wholly or partially banned by the U.S. Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA). Following the May 8, 2024 final rule on methylene chloride,...more

Twelve TSCA Developments to Expect in 2025

With the election of Donald Trump, the implementation of the Toxic Substances Control Act (TSCA) in 2025 will differ significantly from the pre-election expectations. Here are our projections on the likely developments in the...more

EPA Finalizes Revisions to PBT Rules for DecaBDE and PIP (3:1)

Key Takeaways - The U.S. Environmental Protection Agency (EPA) published a final rule revising the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)) on November 19,...more

2024 Chemical Data Reporting Deadline Extended by EPA

The U.S. Environmental Protecting Agency (EPA) is amending the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) regulations to extend the September 30, 2024 submission deadline for 2024 reports to November...more

EPA Announces 8-Month Delay in Submission Window for TSCA PFAS Reporting Rule

The U.S. Environmental Protection Agency (EPA) is modifying the Toxic Substances Control Act (TSCA) regulation imposing reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (the Rule) to...more

Maine DEP Requests Proposals on Currently Unavoidable Uses of PFAS in Products

Maine’s Department of Environmental Protection (DEP) is soliciting proposals for currently unavoidable use (CUU) designations under the state’s statute regulating the use of perfluoroalkyl and polyfluoroalkyl substances...more

Washington State Drafts Determinations on PFAS-Containing Products

Continuing Washington State’s push towards implementing one of the nation’s strictest chemicals laws, the Department of Ecology (Ecology) recently published its Draft Regulatory Determinations Report on certain products...more

EPA Proposes Revisions to PBT Rules for DecaBDE and PIP (3:1)

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

EPA Proposes to Codify Changes to TSCA Risk Evaluations

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

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

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

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

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

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