News & Analysis as of

Toxic Substances Control Act (TSCA) Rulemaking Process

Bergeson & Campbell, P.C.

EPA Denies TSCA Section 21 Petition Concerning Prohibition of Hydrogen Fluoride in Domestic Oil Manufacturing

As reported in our February 14, 2025, blog item, on February 11, 2025, community and environmental groups submitted a petition under Section 21 of the Toxic Substances Control Act (TSCA) to the U.S. Environmental Protection...more

MG+M The Law Firm

EPA Announces Sweeping PFAS Actions in 2025 Agenda

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On April 28, 2025, US Environmental Protection Agency (EPA) Administrator Lee Zeldin announced a comprehensive federal initiative aimed at tackling per and polyfluoroalkyl substances (PFAS) contamination through coordinated...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

Bergeson & Campbell, P.C.

Setting the Record Straight: New Chemical Review Needs Scientists

On May 2, 2025, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the “[n]ext phase of organizational improvements to better integrate science into agency offices.” As part of this reorganization...more

Bergeson & Campbell, P.C.

Court Grants EPA’s Request for Abeyance, Denies EPA’s Request for Voluntary Remand in Challenge to Risk Evaluation Rule

As reported in our March 31, 2025, blog item, 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,...more

BCLP

PFAS Announcement; Administrator Zeldin Signals Continuation of EPA Objectives

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On April 28, 2025, EPA Administrator Zeldin issued the Agency’s most comprehensive statement since Trump’s inauguration regarding how EPA plans to address PFAS compounds under a variety of ongoing regulatory programs (“EPA...more

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

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