News & Analysis as of

Rulemaking Process Hazardous Substances Toxic Chemicals

Bergeson & Campbell, P.C.

Community and Environmental NGOs File Suit After EPA Denies TSCA Section 21 Petition Concerning Prohibition of Hydrogen Fluoride...

As reported in our May 14, 2025, blog item, on May 12, 2025, the U.S. Environmental Protection Agency (EPA) denied a petition filed under Section 21 of the Toxic Substances Control Act (TSCA) seeking to prohibit the use of...more

Allen Matkins

California Environmental Law & Policy Update 7.11.25

Allen Matkins on

The Trump administration will uphold a Biden-era ban on the ongoing use of asbestos after previously saying it would reconsider the rule. The rule requires companies to phase out their use of chrysotile asbestos, which is the...more

McGlinchey Stafford

EPA Grants Two-Year Extension on Coke Oven Air Toxics Compliance Following Industry Input

McGlinchey Stafford on

The U.S. Environmental Protection Agency (EPA) has officially extended key compliance deadlines for air toxics standards affecting steel-sector coke oven operations, reflecting industry concerns about the feasibility of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EPA’s 2024 Asbestos Ban Paused as Fifth Circuit Grants Abeyance for Rule Reconsideration

The U.S. Environmental Protection Agency’s (EPA) 2024 ban on chrysotile asbestos, a landmark regulatory action under the Toxic Substances Control Act (TSCA), is now subject to significant delay following legal challenges and...more

Bergeson & Campbell, P.C.

EPA to Reconsider Asbestos Part 1 Risk Management Rule Following Legal Challenge

On June 16, 2025, the U.S. Environmental Protection Agency (EPA) filed a motion with the U.S. Court of Appeals for the Fifth Circuit requesting that litigation over its 2024 final rule regulating chrysotile asbestos under the...more

Bergeson & Campbell, P.C.

EPA Will Extend Postponement of Effective Date of Certain Provisions of Final TCE Risk Management Rule

The U.S. Environmental Protection Agency (EPA) provided on update on June 18, 2025, on the status of the December 2024 Toxic Substances Control Act (TSCA) risk management rule for trichloroethylene (TCE). According to EPA, it...more

Bergeson & Campbell, P.C.

Defra Calls for Comments on Indicative Lists for LC-PFCAs, Their Salts, and Related Compounds

On June 2, 2025, the United Kingdom (UK) Department for Environment, Food & Rural Affairs (Defra) requested comment on a draft indicative list for long-chain perfluorocarboxylic acids (LC-PFCA), their salts, and related...more

Fox Rothschild LLP

Pause Continues in Litigation Over PFAS MCLs and Hazardous Substances Designation

Fox Rothschild LLP on

EPA has again obtained extensions of the stays in the litigation challenging the MCLs for six PFAS and the litigation challenging the hazardous substance designation for PFOS and PFOA. EPA requested the U.S. Court of...more

Bergeson & Campbell, P.C.

ACC Files TSCA Section 21 Petition Seeking Reconsideration of TCE Risk Management Rule

On May 27, 2025, the American Chemistry Council (ACC) petitioned the U.S. Environmental Protection Agency (EPA) under Section 21 of the Toxic Substances Control Act (TSCA) to reconsider the final risk management rule for...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

Fox Rothschild LLP

Litigation Over PFAS Designation as Hazardous Substances Remains on Hold

Fox Rothschild LLP on

On April 30, 2025, the U.S. Court of Appeals for the D.C. Circuit granted an additional 30-day abeyance in the challenge to EPA’s Final Rule designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as...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

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

Holland & Knight LLP

EPA Imposes More Stringent Lead Paint Dust Requirements

Holland & Knight LLP on

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

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

BakerHostetler

2024 Promises To Be a Critical Year for New PFAS Regulations

BakerHostetler on

The new year will be a busy one for federal and state per- and polyfluorinated alkyl substances (PFAS) regulations. There are a number of new federal rulemakings, including those under the Comprehensive Environmental...more

Polsinelli

October PFAS Regulatory Update

Polsinelli on

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

Troutman Pepper Locke

US EPA Issues Final Rule on PFAS Relating to Community Right-to-Know and Pollution Prevention Acts

Troutman Pepper Locke on

On October 18, U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention submitted a final rule for publication in the Federal Register, amending 40 CFR Part 372, involving reporting...more

Wiley Rein LLP

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

Wiley Rein LLP on

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

Stinson LLP

Minnesota Announces PFAS Rulemaking

Stinson LLP on

Minnesota has begun enacting substantive rules and standards for per- and polyfluoroalkyl substances (PFAS). In May, Minnesota enacted a PFAS statute that defines PFAS, creates a reporting requirement, and bans sale or...more

Holland & Knight LLP

EPA's Latest CERCLA Action on PFAS

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) on April 12, 2023, released an Advance Notice of Proposed Rulemaking (ANPRM) seeking public input and data to assist in the consideration of potential development of future...more

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Williams Mullen on

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

Lathrop GPM

Superfund Enforcement of PFAS Moves Closer as EPA Submits Proposed Hazardous Substance Designation to OMB: Lathrop GPM

Lathrop GPM on

What to Know - On January 10, 2022, EPA submitted for White House regulatory review its highly anticipated proposal to designate the two most widely studied per- and polyfluoroalkyl substances (PFAS), PFOA and PFOS, as...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

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