News & Analysis as of

Exemptions Toxic Chemicals

Williams Mullen

TSCA Test Marketing Exemption for New Chemicals: A Recent Case Study

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On July 24, 2025, U.S. Environmental Protection Agency (EPA) approved a Test Marketing Exemption (TME) under section 5(h)(1) of the Toxic Substances Control Act (TSCA) for a confidential new chemical substance (TME...more

Goldberg Segalla

EPA Removes Toxic Substances Control Act Exemptions for PFAS

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The Environmental Protection Agency announced Dec. 4 finalized amendments on the regulation of new chemicals under the Toxic Substances Control Act (TSCA). Specifically, the EPA targeted stricter regulations of certain...more

Wiley Rein LLP

[Webinar] PFAS Ban in Maine: What Companies Need to Know About the March 1 Deadline for Currently Unavoidable Use Requests -...

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Effective January 1, 2030, the sale of any industrial, commercial, or consumer product containing intentionally added Per- and Polyfluoroalkyl Substances (PFAS) will be banned in Maine unless the use of PFAS in the product is...more

Fox Rothschild LLP

EPA Finalizes Rule Removing De Minimis Exemptions, Subjecting Companies to Enhanced PFAS Reporting and Notification Requirements

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We reported earlier this year that the Environmental Protection Agency’s (EPA) proposed rule would require stricter (1) reporting of perfluoroalkyl and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI)...more

BCLP

PFAS Update: EPA Eliminates TRI Reporting De Minimis Exemption

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On October 18, 2023, the United States Environmental Protection Agency (“EPA”) issued a rule to modify the reporting requirements for PFAS under the Toxics Release Inventory (“TRI”) program. Specifically, the EPA is...more

Fox Rothschild LLP

EPA Proposes to Disqualify PFAS from Low Volume Exemptions and Low Release and Exposure Exemptions under TSCA

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The Toxic Substances Control Act (TSCA) authorizes the United States Environmental Protection Agency (EPA) to impose restrictions relating to chemical substances and/or mixtures as well as requirements for reporting,...more

BCLP

PFAS Update: Proposed New Legislation Intended to Exempt Certain Industries from PFAS Liability

BCLP on

On May 3, 2023, Cynthia Lummis (R-WY) introduced five bills in the U.S. Senate proposing several PFAS liability exemptions to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”)....more

Fox Rothschild LLP

EPA Announces Plan to Propose Removal of De Minimis TRI Reporting Exemption for PFAS in Summer 2022

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On March 3, 2022, the U.S. Environmental Protection Agency (“EPA”) released its 2020 Toxics Release Inventory (“TRI”) National Analysis report. EPA’s report analyzes the most recent Toxic Release Inventory (“TRI”) data and...more

Williams Mullen

Unpacking the TSCA Polymer Exemption

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Manufacturers of chemical substances in the United States are well aware of the regulatory burdens placed on their industry by the Toxic Substances Control Act (TSCA). TSCA requirements can be cumbersome and difficult to...more

Williams Mullen

EPA Amends TSCA Definition of “Small Manufacturer”

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EPA recently issued a final rule amending Toxic Substances Control Act (TSCA) regulations concerning “small manufacturers” of chemical substances. Companies that meet the regulatory definition of a “small manufacturer” of...more

(ACOEL) | American College of Environmental...

EPA Approves New Fungicide to be Delivered by the Bees Themselves

EPA has been a hive of activity regarding the declining bee population. The agency recently approved an organic fungicide that is to be delivered to crops via “bee vectoring”—a process by which commercially-reared bees walk...more

Perkins Coie

Coffee Products Exempted From Proposition 65

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California’s Office of Environmental Health Hazard Assessment (OEHHA) approved a new regulation exempting coffee from Proposition 65 warnings earlier this month. The rule states that: “[e]xposures to chemicals in coffee,...more

Perkins Coie

Industry Insights: Coffee Products Exempted from Proposition 65

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On Monday, June 3rd, California’s Office of Environmental Health Hazard Assessment (OEHHA) approved a new regulation exempting coffee from Proposition 65 warnings. The rule states that: “Exposures to chemicals in coffee,...more

King & Spalding

Food Manufacturers and Other Stakeholders React to Proposed Changes to California’s Proposition 65

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After California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments to Proposition 65’s regulations governing the calculation of safe harbor levels for reproductive toxicants in consumer products,...more

Miller Starr Regalia

Warning: Non-Compliance With California’s New Proposition 65 Safe Harbor Rules May Expose You To Liability. For More Information

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The Safe Drinking Water and Toxic Enforcement Act, popularly known as “Proposition 65” (or “Prop. 65”), requires businesses to warn California residents before exposing them to specified chemicals. ...more

Lewitt Hackman

Killer Coffee? California May Exempt Coffee Industry from Prop 65 Warning Requirements

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We told you about the lawsuit brought against nearly 100 food industry companies regarding the lack of Prop 65 warnings in restaurants and stores selling coffee. The problem is the potential presence of acrylamide when coffee...more

Downey Brand LLP

California Grocer: Brewing Debate in California Proposition 65 Coffee Action Coming to a Close

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For the past six years, a collection of coffee brewers and retailers have been embroiled in a legal battle with Council for Education and Research on Toxics (CERT) over whether certain coffee products sold in California must...more

Seyfarth Shaw LLP

OSHA Enforcement Memo and Interim Policy on the Process Safety Management Retail Exemption

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The Occupational Safety and Health Administration issued yesterday an enforcement memo (Memo) and an interim policy (Policy) on the PSM retail exemption. Tho Memo revised OSHA’s interpretation of the exemption of retail...more

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