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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

EPA Announces Reevaluation of the TSCA Risk Evaluation Framework Rule

Last year, the U.S. Environmental Protection Agency (EPA) under the Biden administration finalized amendments to the procedural framework rule for conducting risk evaluations under the Toxic Substances Control Act (TSCA) 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

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

What’s New? Fifth Circuit Invalidates EPA Orders on Significant “New” Uses

A small business that fluorinates plastic containers and fuel tanks secured a victory on March 21 under the Toxic Substances Control Act (TSCA). The U.S. Court of Appeals for the Fifth Circuit invalidated two unilateral...more

Get Ready for Higher TSCA Fees

The U.S. Environmental Protection Agency (EPA) has substantially raised its fees for most actions under the Toxic Substances Control Act (TSCA). In a final rule published on February 21, 2024, 89 Fed. Reg. 12961, EPA...more

Washington State Petitions EPA to Ban Inadvertently Generated PCBs – Targeted to Pigments, Inks, and Dyes

The Washington State Department of Ecology (Ecology) filed a petition on January 4, 2024, under the Toxic Substances Control Act (TSCA) requesting that the U.S. Environmental Protection Agency (EPA) reduce allowances for...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

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

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

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

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

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

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

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

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