News & Analysis as of

Toxic Substances Control Act (TSCA) Rulemaking Process

Bergeson & Campbell, P.C.

EPA Submits Proposed Rule Revising TSCA Section 8(a)(7) PFAS Rule to OMB for Review

According to the Office of Management and Budget (OMB) website, on August 29, 2025, the U.S. Environmental Protection Agency (EPA) submitted a proposed rule entitled “Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Data...more

Bergeson & Campbell, P.C.

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

On August 20, 2025, the U.S. Environmental Protection Agency (EPA) extended the postponement of the effectiveness of certain regulatory provisions of the final Toxic Substances Control Act (TSCA) risk management rule for...more

Bergeson & Campbell, P.C.

TSCA Reform — Nine Years Later: Risk Evaluation Session

On June 25, 2025, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform — Nine Years Later. The...more

Bergeson & Campbell, P.C.

TSCA Reform — Nine Years Later: Risk Management Session

On June 25, 2025, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored an all-day virtual conference, TSCA Reform — Nine Years Later. The conference...more

Bergeson & Campbell, P.C.

EPA Seeks Stakeholders to Participate as Small Entity Representatives on Small Business Advocacy Review Panels on Asbestos and...

The U.S. Environmental Protection Agency (EPA) announced on August 8, 2025, that it seeks self-nominations from small businesses, governments, and not-for-profits to participate as Small Entity Representatives (SER) providing...more

Vorys, Sater, Seymour and Pease LLP

TSCA Section 6(a) Risk Evaluation Rules Update: Reconsideration of the PCE Rule

The US EPA reopened its TSCA Section 6(a) rule for Perchloroethylene (PCE) on July 30, 2025. The agency is seeking public comment as part of its reconsideration of the rule until August 29, 2025. In addition to the potential...more

Williams Mullen

EPA Considers New TSCA Rules for Common Solvent PCE

Williams Mullen on

On July 30, 2025, the U.S. Environmental Protection Agency (EPA) issued a request for public comment on the potential regulation of perchloroethylene (PCE) under the Toxic Substances Control Act (TSCA). PCE is a widely used...more

Bergeson & Campbell, P.C.

EPA Submits Draft Proposed Risk Evaluation Framework Rule to OMB for Review

On August 4, 2025, the U.S. Environmental Protection Agency (EPA) submitted to the Office of Management and Budget (OMB) a proposed rule entitled “Further Reconsideration of Procedures for Chemical Risk Evaluation Under the...more

Bergeson & Campbell, P.C.

EPA Seeks Comment as It Reconsiders PCE Risk Management Rule

The U.S. Environmental Protection Agency (EPA) announced on July 30, 2025, that it seeks public comment to inform its reconsideration of the Toxic Substances Control Act (TSCA) regulation for perchloroethylene (PCE). 90 Fed....more

Williams Mullen

Environmental Notes - July 2025

Williams Mullen on

Is the Once in, Always in Policy Finally Dead? EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, July 2025

TSCA/FIFRA/TRI - EPA Appoints Former ASA Government Affairs Director As OCSPP DAA For Pesticides: Mr. Kyle Kunkler has been appointed the Deputy Assistant Administrator (DAA) for Pesticides at the U.S. Environmental...more

Bergeson & Campbell, P.C.

EPA Withdraws Motion to Hold Asbestos Case in Abeyance, Will Explore Using Guidance to Clarify Workplace Protection Requirements 

As reported in our June 28, 2025, blog item, 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...more

Bergeson & Campbell, P.C.

Loper Bright and the End of Chevron Deference? — A Conversation with Kelly N. Garson

This week, I discuss with my colleague, Kelly N. Garson, a Senior Associate here at B&C and Regulatory Consultant for The Acta Group (Acta®), B&C’s consulting affiliate, the implications of the demise of Chevron deference,...more

Bergeson & Campbell, P.C.

EPA Extends Postponement of Effective Date of Certain Provisions of TCE Risk Management Rule 

On June 23, 2025, the U.S. Environmental Protection Agency (EPA) extended the postponement of the effective date of certain regulatory provisions of its December 17, 2024, final risk management rule for trichloroethylene...more

Morgan Lewis

EPA Extends PFAS Reporting Deadline Under Toxic Substances Control Act Once More

Morgan Lewis on

EPA’s May 13 interim final rule, which extended the start and end dates of the PFAS Toxic Substances Control Act Section 8(a)(7) reporting period for all manufacturers by nine months, was EPA’s second such extension to the...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

Holland & Knight LLP

Food and Chemical Update: FDA Unveils Data-Driven Assessment Tool to Rank Food Chemicals

Holland & Knight LLP on

The U.S. Food and Drug Administration (FDA) is overhauling its approach to post-market oversight of food chemicals, marked by the proposed rollout of a new Post-Market Assessment Prioritization Tool. The FDA first announced...more

Bergeson & Campbell, P.C.

[Webinar] Loper Bright: Has the Demise of Chevron Deference Mattered? - July 15th, 11:00 am - 12:00 pm EDT

Bergeson & Campbell, P.C. (B&C®) is pleased to present “Loper Bright: Has the Demise of Chevron Deference Mattered?,” a complimentary webinar reviewing changes to Toxic Substances Control Act (TSCA) determinations in light of...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.

PPG Withdraws TSCA Section 21 Petition to Amend Final TCE Risk Management Rule for Specialty Polymeric Microporous Sheet Materials...

As reported in our May 13, 2025, blog item, on March 24, 2025, PPG Industries, Inc. (PPG) submitted a petition seeking an amendment to the U.S. Environmental Protection Agency’s (EPA) December 2024 final risk management rule...more

Bergeson & Campbell, P.C.

Clearing Regulatory Roadblocks: How Smarter Implementation Can Help Supply Chain Modernization

On June 5, 2025, the Joint Economic Committee (JEC) of the U.S. Congress convened a hearing titled “Barriers to Supply Chain Modernization and Factor Productivity Enhancements.” Throughout the hearing, members and witnesses...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

BakerHostetler

The Delayed, but Not Forgotten, Disclosure of PFAS: TSCA Section 8(a)(7) Postponed While States Fill the Gaps

BakerHostetler on

When Congress passed the fiscal year 2020 National Defense Authorization Act (“NDAA”), it included a mandate that the U.S. Environmental Protection Agency (“EPA”) take steps to require all manufacturers, including importers,...more

Beveridge & Diamond PC

EPA’s Path Forward on TSCA Becomes Clearer

After a period of uncertainty, how the U.S. Environmental Protection Agency (EPA) plans to revise its implementation of the Toxic Substances Control Act (TSCA) during the second Trump administration is coming into focus...more

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