News & Analysis as of

Rulemaking Process Toxic Substances Control Act (TSCA)

Venable LLP

U.S. EPA Delineates PFAS Plans

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The U.S. Environmental Protection Agency (EPA) issued a press release on April 28 setting forth its “first, not the last” statement regarding “major” actions and initiatives it intends to undertake to address human health and...more

Bergeson & Campbell, P.C.

EPA Postpones Effective Date of Certain Provisions of TCE Risk Management Rule to June 20, 2025

On April 2, 2025, the U.S. Environmental Protection Agency (EPA) announced that it is postponing the effectiveness of certain provisions of its December 17, 2024, final risk management rule for trichloroethylene (TCE) until...more

Bergeson & Campbell, P.C.

EPA Argues for Remand of Final Rule Amending Risk Evaluation Framework

On March 21, 2025, the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in a case challenging the U.S. Environmental Protection Agency’s (EPA) May 3, 2024, final rule amending the procedural...more

Beveridge & Diamond PC

EPA Announces Reevaluation of the TSCA Risk Evaluation Framework Rule (Updated)

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This alert was originally published on March 20, 2025, and has been revised based on recent developments. Last year, the U.S. Environmental Protection Agency (EPA) under the Biden administration finalized amendments to...more

Bergeson & Campbell, P.C.

EPA Will Review 2024 Rule Amending the TSCA Risk Evaluation Framework Rule

On March 10, 2025, the U.S. Environmental Protection Agency (EPA) announced its intent to reconsider the May 3, 2024, rule amending the procedural framework rule for conducting risk evaluations under the Toxic Substances...more

Bergeson & Campbell, P.C.

EPA Further Extends Review Period for CBI Claims for the Identity of Chemicals on the TSCA Inventory

On January 6, 2025, the U.S. Environmental Protection Agency (EPA) announced the extension of the review period for confidential business information (CBI) claims for specific identities of all active chemical substances...more

Bergeson & Campbell, P.C.

Appellate Court Vacates Requirement that Downstream Entities Reporting by Non-Confidential Accession Number Assert CBI Claims

On December 20, 2024, the U.S. Court of Appeals for the District of Columbia Circuit denied the Environmental Defense Fund’s (EDF) petition and granted the American Chemistry Council (ACC) and American Fuel and Petrochemical...more

Holland & Knight LLP

EPA Imposes More Stringent Lead Paint Dust Requirements

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In response to a decision by the U.S. Court of Appeals for the Ninth Circuit finding that the U.S. Environmental Protection Agency's (EPA) updates to its lead paint hazard standards were deficient because they improperly took...more

King & Spalding

EJ in EPA Rulemaking

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In the first half of 2024, EPA has finalized a host of rules driven, at least in part, by concerns about disparate impacts and environmental justice. For instance, in conjunction with an April rule targeting greenhouse...more

Goldberg Segalla

Fifth Circuit Tells EPA 40-Year-Old Fluorination Process isn’t ‘New’

Goldberg Segalla on

Inhance Technologies is a company that has been fluorinating plastic containers using the same process since 1983. The fluorination process creates a barrier that keeps dangerous substances from leaching out of their...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PCBs/Toxic Substances Control Act: Washington Department of Ecology Petitions U.S. Environmental Protection Agency to Promulgate...

The Washington Department of Ecology (“WDE”) submitted a January 4th Petition to the United States Environmental Protection Agency (“EPA”) requesting rulemaking related to polychlorinated biphenyls (“PCBs”) in consumer...more

Polsinelli

October PFAS Regulatory Update

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In October 2023, the United States Environmental Protection Agency (EPA) finalized two separate but analogous rulemakings – one under the Toxic Substances Control Act (TSCA), and one under the Emergency Planning and Community...more

Wiley Rein LLP

EPA’s Mandatory PFAS Reporting Rule Under TSCA Includes Thousands of Products, No Exemptions for Impurities or Imported Articles

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On September 28, 2023, the U.S. Environmental Protection Agency (EPA) issued a final rule to require reporting under Section 8(a)(7) of the Toxic Substances Control Act (TSCA) for Perfluoroalkyl and Polyfluoroalkyl Substances...more

Pillsbury Winthrop Shaw Pittman LLP

Applying Environmental Justice to the Regulated Community: What to Expect and How to Plan Accordingly

Though environmental justice (EJ) has been a cornerstone of the Biden Administration, it lacks federal enforcement laws. Executive orders and responses from federal agencies have shaped U.S. enforcement of EJ issues....more

Womble Bond Dickinson

EPA’s Spring 2022 Regulatory Agenda Updates Actions for PFAS Strategic Roadmap

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On October 18, 2021, EPA announced EPA’s PFAS Strategic Roadmap (“Roadmap”) which outlines EPA’s comprehensive agency wide approach for addressing PFAS. The Roadmap contains timelines for EPA to take actions to address PFAS....more

Williams Mullen

Environmental Notes - January 2022

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New Approach: Proposed PFAS Regulation Erodes TSCA Exemptions - EPA’s proposed reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA) may be...more

Pillsbury Winthrop Shaw Pittman LLP

Biden EPA Doubles Down on Chemical Regulation with PFAS Strategic Roadmap

The agenda-setting document promises rulemakings across multiple EPA programs to expand the scope—and accelerate the pace—of PFAS regulation. The Biden administration continues the beat on PFAS regulation by releasing its...more

Wiley Rein LLP

[Webinar] TSCA Tuesdays: Health and Safety Data - November 2nd, 12:00 pm - 1:00 pm EDT

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Martha Marrapese will break down the Toxic Substances Control Act (TSCA) section 8 reporting rules on existing chemicals and the U.S. Environmental Protection Agency’s (EPA’s) planned TSCA Data Reporting (TDR) rulemaking....more

Wiley Rein LLP

2BInformed: The Future of Fluoride in Drinking Water, the New TSCA Fees Rule, and the Drinking Water Contaminant Candidate List 5

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In this episode of 2BInformed, Erik Baptist and Charlotte Bertrand discuss the future of fluoride in drinking water, the TSCA Fees Rule, and the comment period for CCL5, in addition to providing an update on EPA’s imminent...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Phosphogypsum/Phosphoric Acid Production Wastewater: Center for Biological Diversity Petition to U.S. Environmental Protection...

The Center for Biological Diversity (“CBD”) and a number of other environmental organizations submitted a February 8th document to the United States Environmental Protection Agency (“EPA”) titled: Petition for Rulemaking...more

Pillsbury Winthrop Shaw Pittman LLP

EPA’s Wide-Ranging Rule on Perfluoroalkyl Substances

EPA continues its regulation of PFAS by shifting focus to the importation of certain PFAS-containing articles. - EPA goes for the low-hanging fruit by using TSCA to restrict the importation of long-chain PFAS that already...more

Stinson LLP

Draft Risk Evaluations Released for HBCD and 1,4-Dioxane

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Recently, the U.S. Environmental Protection Agency (EPA) released draft risk evaluations for cyclic aliphatic bromide cluster (HBCD) and 1,4-Dioxane, triggering a 60-day public comment period. ...more

WilmerHale

EPA’s PFAS Action Plan Presents Opportunities for Advocacy

WilmerHale on

On February 14, 2019, the Environmental Protection Agency (EPA) released an Action Plan for addressing per- and polyfluoroalkyl substances (collectively, PFAS), a group of chemical compounds that has been linked to negative...more

Akin Gump Strauss Hauer & Feld LLP

Into the Light or Fade to Black? EPA Administrator Pruitt’s Proposed Secret Science Rule

On April 30, 2018, the Environmental Protection Agency (EPA) published in the Federal Register a controversial proposed rule seeking to restrict the types of scientific research and findings that the EPA can consider in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Toxic Substances Control Act:/Environmental Council of the States Comments: Chemical Data Reporting/Requirements for Inorganic...

The Environmental Council of the States (“ECOS”) submitted December 11th comments to the United States Environmental Protection Agency (“EPA”) on: Chemical Data Reporting: Requirements for Inorganic Byproduct Chemical...more

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