News & Analysis as of

Rulemaking Process Regulatory Requirements Toxic Chemicals

Bergeson & Campbell, P.C.

Chemical Coalition Withdraws TSCA Section 21 Petition Seeking Revisions to TSCA 8(a)(7) PFAS Reporting Rule

As reported in our May 4, 2025, blog item, on May 2, 2025, a coalition of chemical companies petitioned the U.S. Environmental Protection Agency (EPA) for an amendment of the Toxic Substances Control Act (TSCA) Section...more

White & Case LLP

EPA Partially Rolls Back PFAS Drinking Water Rule

White & Case LLP on

On May 14, 2025, the U.S. Environmental Protection Agency (EPA) announced that it plans to retain the current drinking water standards for two per- and polyfluoroalkyl substances (PFAS), i.e., perfluorooctanoic acid (PFOA)...more

Farella Braun + Martel LLP

EPA Announces It Will Keep Drinking Water Limits for PFOA and PFOS, But Rescind Limits for Four Other PFAS Compounds

On May 14, 2025, EPA issued a news release (available here) stating that the agency will maintain the Safe Drinking Water Act (SDWA) National Primary Drinking Water Regulations (NPDWRs) promulgated in April 2024—but only with...more

Best Best & Krieger LLP

EPA Announces Plan to Modify PFAS Drinking Water Rule and Extend Compliance Deadline

On May 14, 2025, the U.S. Environmental Protection Agency (EPA) announced its latest plans to address PFAS contamination in drinking water. Specifically, the EPA plans to retain the National Primary Drinking Water Regulation...more

Bergeson & Campbell, P.C.

EPA Receives TSCA Section 21 Petitions Seeking Reconsideration of Exemption Conditions in Final Trichloroethylene Rule

The U.S. Environmental Protection Agency (EPA) recently updated its website to include two petitions submitted under Section 21 of the Toxic Substances Control Act (TSCA) that seek reconsideration of exemption provisions of...more

Farella Braun + Martel LLP

EPA Announces Interim Rule Further Delaying TSCA Section 8(a)(7) PFAS Reporting by Nine Months

On May 12, 2025, EPA announced that it will publish an interim rule further delaying by nine months the one-time reporting required under TSCA section 8(a)(7) for entities manufacturing or importing PFAS at any time between...more

ArentFox Schiff

Tennessee Passes Law That Requires ‘Best Science Available’ for PFAS Regulations

ArentFox Schiff on

Tennessee lawmakers are setting a new precedent in chemical regulation, including per- and polyfluoroalkyl substances (PFAS), by signing into law an industry-backed bill that requires the use of the “best science available”...more

Paul Hastings LLP

New Mexico Passes Comprehensive Ban on PFAS in Products

Paul Hastings LLP on

On April 8, 2025, New Mexico became the third state to sign into law a comprehensive ban on the use of intentionally added per- and polyfluoroalkyl substances (PFAS) in consumer and commercial products: the “Per- and...more

DLA Piper

Maine DEP Extends CUU Designations by Two Years Under PFAS in Products Law

DLA Piper on

As discussed in our prior alert, Maine’s Department of Environmental Protection (DEP) published a proposed rule prescribing procedures and criteria for determining Currently Unavoidable Uses (CUU) of intentionally added per-...more

Fox Rothschild LLP

Maine’s Draft Proposed Rule on PFAS “Currently Unavoidable Use” Determinations

Fox Rothschild LLP on

Maine recently published proposed rules (PDF link) aimed at implementation of its existing statute (which we’ve discussed here, here and here) limiting the sale and distribution within the state of products containing...more

Fox Rothschild LLP

Unclear Fate for NY PFOA and PFOS Soil Cleanup Objectives

Fox Rothschild LLP on

Regulation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) in soils under New York’s remedial programs was a little erratic in 2024. As to their inclusion in the New York State Department of...more

Perkins Coie

Washington Department of Ecology's Interim Policy on Lead in Cosmetics

Perkins Coie on

The Washington State Legislature passed the Toxic-Free Cosmetics Act (TFCA) in 2023, which restricts the sale of cosmetic products containing certain chemicals, including lead and lead compounds. Effective January 1, 2025,...more

Husch Blackwell LLP

California’s Proposition 65 Short-Form Warnings Now in Effect

Husch Blackwell LLP on

California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of proposed amendments to Proposition 65 in October 2023 that significantly modify the information businesses are required to provide in...more

Harris Beach Murtha PLLC

EPA Designates Two PFAS Substances as CERCLA Hazardous Substances

On April 19, 2024, just nine days after finalizing the first-ever national, legally enforceable drinking water standard for six individual per-and polyfluoroalkyl substances (PFAS), the Agency designated PFOA and PFOS, two...more

Downey Brand LLP

EPA outlines key PFAS regulatory developments on the horizon

Downey Brand LLP on

During the early stages of the Biden administration, efforts to regulate per- and poly-fluoroalkyl substances, aka “PFAS,” were largely piecemeal and driven by various proposals in Congress. Last month, however, the U.S....more

Seyfarth Shaw LLP

ANOTHER Chemical Release Reporting Obligation????

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Chemical Safety and Hazard Investigation Board (CSB) has proposed new accidental chemical release reporting requirements that are broad in scope and would cover additional chemicals, threshold...more

Seyfarth Shaw LLP

NDAttention – National Defense Authorization Act (NDAA) Adds Per- and Polyfluoroalkyl Chemicals to TRI

Seyfarth Shaw LLP on

Seyfarth Synopsis: On December 20, 2019, the National Defense Authorization Act for Fiscal Year 2020 (NDAA) was signed into law, including provisions for adding certain per- and polyfluoroalkyl substances (PFAS) to the EPA’s...more

Seyfarth Shaw LLP

EPA Advance Notice of Proposed Rulemaking on Per- and Polyfluoroalkyl Chemicals

Seyfarth Shaw LLP on

Seyfarth Synopsis:  EPA, in an Advance Notice of Proposed Rulemaking, requests comments on adding certain per- and polyfluoroalkyl substances (PFAS) to the TRI chemical list....more

Seyfarth Shaw LLP

Cosmetics, Hemp, and CBD: Legislative and Regulatory Update

Seyfarth Shaw LLP on

Seyfarth Synopsis: Through a reintroduced House bill, Congress is taking strides to push for cosmetic regulation reform and, separately, through the SAFE Act, it is seeking to establish a safe harbor for financial...more

Akin Gump Strauss Hauer & Feld LLP

Don’t Just Investigate; Promulgate! Court Orders Chemical Safety Board to Produce Chemical Reporting Requirements

• A federal court recently ordered the CSB to promulgate final accidental chemical release reporting regulations within 12 months. • The Clean Air Act requires that those regulations be binding on all entities subject to...more

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