May 15, 2026

Recent Federal Developments for May 2026

Register Now For “TSCA Reform – 10 Years Later” Hybrid Live And Virtual Conference Register now for the tenth annual TSCA Reform Conference to be held on June 10, 2026, in-person at the George Washington University Jack Morton Auditorium and livestreamed on YouTube. The event is free and open to the public, but all attendees must register on the Environmental Law Institute website. Thirty-six distinguished presenters and moderators representing all segments of the stakeholder...
May 14, 2026

FDA Releases Final Documents for Food Chemical Safety Post-Market Assessment Program, Launches Reassessment of BHT and ADA

The U.S. Food and Drug Administration announced on May 12, 2026, “two decisive actions focused on food chemical safety.” First, FDA released two final documents for its new proactive food chemical safety post-market assessment program. Second, FDA launched reassessments of butylated hydroxytoluene (BHT) and azodicarbonamide (ADA), “chemical additives commonly used in a variety of food products.” As part of the reassessment, FDA issued two requests for information regarding the use and...
May 13, 2026

Canada Publishes Approach for Creating Publicly Available “Watch List” of Substances Determined to Be Capable of Becoming Toxic under CEPA

The Strengthening Environmental Protection for a Healthier Canada Act (the Act), enacted in 2023 to modernize the Canadian Environmental Protection Act, 1999 (CEPA), requires the creation of a “Watch List” of substances capable of becoming toxic to inform Canadians and businesses of substances that they may wish to avoid. On April 28, 2026, Environment and Climate Change Canada (ECCC) announced the publication of the Watch List Approach (the Approach) in the CEPA Registry. The Approach...
May 12, 2026

EPA Releases Final Risk Evaluation for 1,2-Dichloroethane, Finds Unreasonable Risk of Injury to Human Health for 15 COUs Involving Workplace Exposure

The U.S. Environmental Protection Agency (EPA) announced on May 5, 2026, the availability of the final risk evaluation under the Toxic Substances Control Act (TSCA) for 1,2-dichloroethane (also known as ethylene dichloride (EDC)). 91 Fed. Reg. 24230. EPA notes that the purpose of TSCA risk evaluations is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use (COU), including unreasonable risk to potentially...
May 4, 2026

New Mexico’s Final PFAS Rule Includes January 1, 2027, Labeling Requirement

The Chair of the New Mexico Environmental Improvement Board (NMEIB) signed a Final Order and Statement of Reasons on April 17, 2026, regarding the adoption of a rule on per- and polyfluoroalkyl substances (PFAS) in consumer products. The final rule, scheduled to be published in New Mexico’s Register on May 5, 2026, with the Final Order and Statement of Reasons, includes prohibitions for certain consumer products in 2027 and 2028; reporting due January 1, 2027; a labeling requirement for...
April 27, 2026

EPA Releases List of Expiring CBI Claims under TSCA

The U.S. Environmental Protection Agency (EPA) announced on April 24, 2026, the release of a publicly accessible list of Confidential Business Information (CBI) claims scheduled to expire under the Toxic Substances Control Act (TSCA). EPA states that the list includes claims that will expire between June 22, 2026, and July 31, 2026. According to EPA, to maintain accuracy and provide timely updates, it will refresh the list on a monthly basis as claims continue to approach their expiration dates....
April 21, 2026

EPA Releases Draft Risk Evaluations, Draft Hazard Assessments, and Supporting Documents for Four Chemicals

The U.S. Environmental Protection Agency (EPA) announced on April 10, 2026, that it is advancing its review of four chemicals under the Toxic Substances Control Act (TSCA) -- 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta [g]-2-benzopyran (HHCB), phthalic anhydride, o-dichlorobenzene (oDCB), and p-dichlorobenzene (pDCB) -- by releasing draft documents related to the review of these chemicals and convening a Science Advisory Committee on Chemicals (SACC) peer review meeting. According to...
April 15, 2026

Recent Federal Developments for April 2026

Richard J. Fehir, Ph.D. 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 Richard (Rick) J. Fehir, Ph.D. has joined our firms as Senior Chemist/Regulatory Scientist. Dr. Fehir joined B&C and Acta after a distinguished 17-year career at the U.S. Environmental Protection Agency (EPA), during which he provided science and regulatory leadership across three major regulatory frameworks: the...
April 13, 2026

EPA Looks to Evaluate Microplastics under the Safe Drinking Water Act

On April 6, 2026, the U.S. Environmental Protection Agency (EPA) released the draft of its sixth Contaminant Candidate List (CCL) issued under the Safe Drinking Water Act (SDWA), including for the first time microplastics as a priority contaminant group. 91 Fed. Reg. 17186. Section 1412(b)(1)(B)(i) of SDWA, as amended in 1996, requires that EPA publish the CCL every five years. The contaminants on the List are not regulated under national primary drinking water regulations, but either occur or...
March 31, 2026

RAC and Draft SEAC Opinions Support REACH PFAS Restriction with Targeted Derogations; Comments on Draft SEAC Opinion Due May 25

On March 26, 2026, the European Chemicals Agency (ECHA) released the final opinion of its Risk Assessment Committee (RAC) and the draft opinion of its Socio-Economic Analysis Committee (SEAC) on the proposal to restrict per- and polyfluoroalkyl substances (PFAS) under the European Union’s (EU) Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation. According to ECHA, RAC and SEAC “support an EU-wide restriction, subject to specific derogations, on the...