December 8, 2025

EPA Begins Public Comment Period on Updated Draft Risk Calculation Memorandum for Formaldehyde

On December 3, 2025, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited public comment on an Updated Draft Risk Calculation Memorandum (Draft Memorandum) to inform a revised draft risk evaluation for formaldehyde under the Toxic Substances Control Act (TSCA). 90 Fed. Reg. 55726. EPA states that after further consideration of comments raised during the scientific peer review process, it is reconsidering the use of certain hazard values in the formaldehyde...
December 5, 2025

European Union Deforestation Regulation Faces Likely Delay

The European Union Deforestation Regulation (EUDR) appears to be headed for yet another full-year delay following growing political pressure, concerns about the readiness of the European Commission’s (EC) information technology (IT) systems, and intensifying industry warnings that the current December 30, 2025, compliance deadline is becoming increasingly unrealistic. While the EC has not yet officially postponed the implementation date, the signals coming out of Brussels are clear that an...
December 2, 2025

White House OSTP Issues RFI Regarding “Accelerating the American Scientific Enterprise”

On Thanksgiving Eve, November 26, 2025, the White House Office of Science and Technology Policy (OSTP) requested input from interested parties on federal policy updates “that aim to accelerate the American scientific enterprise, enable groundbreaking discoveries, and ensure that scientific progress and technological innovation benefit all Americans.” 90 Fed. Reg. 54412. OSTP states that “[t]hrough this Request for Information (RFI), OSTP seeks input from academia; private sector...
November 25, 2025

EPA Publishes Default Values Used in New Chemical Risk Assessments under TSCA

On November 24, 2025, the U.S. Environmental Protection Agency (EPA) released the key default values that it uses in its risk assessments of new chemicals under the Toxic Substances Control Act (TSCA). EPA is making the assumptions available on its website in the New Chemicals Division Reference Library. EPA states that it expects the publication of the default values “to improve efficiency, reducing the likelihood that submissions need to be reworked or resubmitted.” According to EPA,...
November 20, 2025

EPA Preliminarily Determines that 1,2-Dichloroethane Poses Unreasonable Risk to Human Health and the Environment

On November 19, 2025, the U.S. Environmental Protection Agency (EPA) announced the availability of and requested comment on a draft risk evaluation under the Toxic Substances Control Act (TSCA) for 1,2-dichloroethane (Chemical Abstracts Service Registry Number® (CAS RN®) 107-06-2, also known as ethylene dichloride or EDC). 90 Fed. Reg. 52054. EPA notes that the purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health...
November 17, 2025

Recent Federal Developments for November 2025

Register Now For “31st Annual Green Chemistry Challenge Awards: New Categories and Expanded Opportunities,” December 4, 2025, 11:00 a.m. - 12:00 p.m. (EST), via webinar Bergeson & Campbell, P.C. (B&C®) and the American Chemical Society (ACS) are pleased to present “31st Annual Green Chemistry Challenge Awards: New Categories and Expanded Opportunities.” During this webinar, Richard E. Engler, Ph.D., Director of Chemistry at B&C and former leader of the U.S. Environmental...
November 14, 2025

Litigation under Oregon’s Packaging EPR Law: What Producers Should Know

The state of Oregon’s packaging and paper Extended Producer Responsibility (EPR) program, enacted in 2021, has progressed into its enforcement stage. With the first fee obligations and real-world compliance deadlines now in place, the risk of litigation under and against the program has transitioned from theoretical to real. In July 2025, a major trade association, National Association of Wholesaler-Distributors (NAW), filed a constitutional challenge to Oregon’s law, raising issues that are...
November 13, 2025

EPA Proposes to Narrow Scope of TSCA Section 8(a)(7) PFAS Reporting Rule; Exemptions Would Include De Minimis Amounts, Imported Articles

On November 13, 2025, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to amend the Toxic Substances Control Act (TSCA) Section 8(a)(7) regulation for reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (PFAS). 90 Fed. Reg. 50923. As reported in our October 3, 2023, memorandum, the final rule requires manufacturers (including importers) of PFAS and PFAS-containing articles in any year since 2011 through 2022 to report information...
October 31, 2025

Senate Subcommittee Examines Beneficial Use and Regulation of Chemicals

On October 23, 2025, the Senate Environment and Public Works Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight held a hearing on “Examining the Beneficial Use and Regulation of Chemicals.” The Subcommittee heard from the following witnesses: Peter Huntsman, President and Chief Executive Officer (CEO), Huntsman Corporation (written testimony); Dr. Gwen Gross, Senior Technical Fellow, The Boeing Company (written testimony); and Dr. Tracey...
October 27, 2025

Ryan N. Schmit Joins Bergeson & Campbell, P.C. and The Acta Group

Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that Ryan N. Schmit has joined our firms. A 15-year veteran of the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP), Mr. Schmit worked on the front lines of EPA’s Toxic Substances Control Act (TSCA) implementation efforts, including significant and precedent-setting policy matters regarding the establishment of TSCA procedural frameworks; new...