News and analysis regarding Lautenberg implementation and related legal and administrative developments

December 6, 2024

EPA Proposes to Update Proposed SNURs for 17 PFAS, Designating Manufacture (Including Import) as a Significant New Use

On November 29, 2024, the U.S. Environment Protection Agency (EPA) issued a supplemental notice of proposed rulemaking (SNPRM) that would update the December 2, 2022, proposed significant new use rules (SNUR) for 17 per- and polyfluoroalkyl substances (PFAS) that were the subject of premanufacture notices (PMN) and are also subject to an Order issued by EPA pursuant to the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 94642. The SNURs would require persons who intend...
December 5, 2024

District Court Approves Consent Decrees Establishing Deadlines for Completing TSCA Risk Evaluations

On November 22, 2024, the U.S. District Court for the District of Columbia entered two consent decrees establishing deadlines for completing risk evaluations for 20 High-Priority Chemicals and two manufacturer-requested risk evaluations (MRRE). The Community In-Power and Development Association Inc. (CIDA), v. EPA, Case No. 1:23-cv-02715. As reported in our May 10, 2024, memorandum, CIDA, the Learning Disabilities Association of America, Louisiana Environmental Action Network, Sierra Club, and...
December 4, 2024

Petitions Filed to Add Several Chemicals to List of Taxable Substances; Comments Due January 28, 2025

On November 29, 2024, the Internal Revenue Service (IRS) announced that petitions have been filed to add the following chemicals to the list of taxable substances: More information on the Superfund excise tax on chemicals is available in our April 4, 2023, memorandum, “IRS Proposes Regulations Regarding Superfund Tax on Chemicals,” our July 13, 2022, memorandum, “Superfund Tax on Chemicals: What You Need to Know to Comply,” and our May 19, 2022, memorandum, “Reinstated Superfund...
December 3, 2024

Senate Subcommittee to Hold December 5 Hearing on Public Health Impacts of PFAS Exposures

The Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight of the U.S. Senate Committee on Environment and Public Works will hold a hearing on December 5, 2024, titled “Examining the Public Health Impacts of PFAS Exposures.” The Subcommittee will hear from the following witnesses: As reported in our October 9, 2024, blog item, this hearing, which was originally scheduled for September 26, 2024, was postponed September 25, 2024, when Congress...
November 21, 2024

EPA’s Tackling Emerging Contaminants Initiative Will Reduce Exposure to PFAS and Other Emerging Contaminants in Water

The U.S. Environmental Protection Agency (EPA) announced on November 20, 2024, the launch of the Tackling Emerging Contaminants (TEC) initiative, a new, no-cost technical assistance effort focused on reducing exposure to perfluoroalkyl and polyfluoroalkyl substances (PFAS) and other emerging contaminants in small or disadvantaged communities. According to EPA, the objective of the TEC Water Technical Assistance (WaterTA) is to support small or disadvantaged communities assess and address...
November 20, 2024

EPA Extends Deadline for Public Comment on Manufacture of Certain PFAS during Fluorination of HDPE and Other Plastic Containers

On November 20, 2024, the U.S. Environmental Protection Agency (EPA) announced an extension to the comment period for the notice published September 30, 2024, seeking public comment on the manufacture of certain per- and polyfluoroalkyl substances (PFAS), including perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), and perfluorodecanoic acid (PFDA), during the fluorination of high-density polyethylene (HDPE) and other plastic containers to inform regulations as appropriate under the...
November 15, 2024

EPA Releases Third Annual PFAS Strategic Roadmap Report

On November 14, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of its third annual progress report, “highlighting the significant achievements the agency has made under its PFAS Strategic Roadmap and the Biden-Harris Administration’s whole-of-government strategy to protect communities from the impacts of forever chemicals.” According to EPA’s press release, progress on per- and polyfluoroalkyl substances (PFAS) during the Biden-Harris Administration includes:...
October 30, 2024

Registration Open for NURA Webinar Series on Addressing Systemic Toxicity with NAMs

The Physicians Committee for Responsible Medicine (PCRM) New Approach Methodologies (NAM) Use for Regulatory Application (NURA) program has announced two upcoming webinars in the DyNAMic Discussions series. This webinar series invites speakers to share candid perspectives on how they have overcome barriers to apply NAMs in their fields and discuss how these examples can be used to promote the use of NAMs in other situations. All DyNAMic Discussion webinars have been recorded. Materials,...
October 18, 2024

USDA’s ARS Develops Long-Term Roadmap for PFAS in U.S. Agriculture

The U.S. Department of Agriculture’s Agricultural Research Service (ARS) announced on October 16, 2024, several key outcomes from a workshop held to develop a research roadmap leading to short- and long-term science-based solutions to meet the challenges posed by the discovery of per-and polyfluoroalkyl substances (PFAS) in agricultural soils and waters. ARS, its Center of Excellence for Environmental Monitoring and Mitigation, and the University of Maine collaborated during the workshop to...
October 12, 2024

EPA Extends Enforcement Statement for Regulation of DecaBDE-Containing Wire and Cable Insulation in Nuclear Power Generation Facilities

On September 27, 2024,  the U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance (OECA) extended its May 2, 2023, Enforcement Statement regarding the Toxic Substances Control Act (TSCA) Section 6(h) Rule prohibiting the processing and distribution in commerce of decabromodiphenyl ether (decaBDE)-containing wire and cable insulation for use in nuclear power generation facilities after January 6, 2023. According to the memorandum, “EPA does not intend to...