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 hydrogen fluoride in domestic oil refining through a TSCA Section 6(a) rulemaking. The Natural Resources Defense Council (NRDC) announced on July 9, 2025, that after EPA denied their petition, community and environmental non-governmental organizations (NGO) filed suit in the...
News and analysis regarding Lautenberg implementation and related legal and administrative developments
July 11, 2025
EPA Withdraws Proposed SNURs for 18 Chemicals Made from Plastic Waste-Based Feedstocks
On July 9, 2025, the U.S. Environmental Protection Agency (EPA) withdrew proposed significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for 18 chemical substances that were the subject of premanufacture notices (PMN) and a subsequent TSCA Order. 90 Fed. Reg. 30216. EPA states that it is withdrawing the proposed SNURs because it withdrew the 2022 TSCA Order that was the basis of the rules on December 18, 2024. As reported in our April 17, 2023, blog item, in April 2023,...
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 risk management rule regulating chrysotile asbestos under the Toxic Substances Control Act (TSCA) be held in abeyance for an additional six months. Texas Chemistry Council, et al. v. EPA, No. 24-60193. According to the filing, EPA intended to initiate a new...
July 9, 2025
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 (TCE) until August 19, 2025. 90 Fed. Reg. 26453. As reported in our April 15, 2025, blog item, after EPA issued the final rule in December 2024, it received multiple petitions for an administrative stay of the effective date. EPA denied the requests, and the companies submitted...
July 8, 2025
FDA Begins Public Comment Period on Method for Ranking Chemicals in Food for Post-Market Assessments
The U.S. Food and Drug Administration (FDA) announced on June 18, 2025, the release of its proposed method for ranking chemicals in the food supply. According to the document, the systematic post-market assessment of food chemicals consists of the following steps: signal detection, triage, prioritization, scoping, scientific assessment (safety, risk, and/or hazard), risk management review, and risk management action. FDA states that it will publish a full description of the process later in 2025...
On June 20, 2025, the Organisation for Economic Co-operation and Development (OECD) published a report entitled Per- and Polyfluoroalkyl Substances (PFAS) and Alternatives in Hydraulic Oils and Lubricants: Report on Commercial Availability and Current Uses. The report examines the commercial availability and current uses of PFAS and non-PFAS alternatives in lubricants and hydraulic oils within the framework of the Global PFAS Group. OECD notes that it considered publicly available information...
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 Toxic Substances Control Act (TSCA) be held in abeyance for an additional six months. According to the filing, EPA intends to initiate a new notice-and-comment rulemaking to reconsider certain provisions of the rule. The litigation, Texas Chemistry Council, et al. v. EPA,...
June 27, 2025
MPCA Will Postpone January 1, 2026, Reporting Deadline On Products Containing Intentionally Added PFAS
This week the Minnesota Pollution Control Agency (MPCA) posted Parts One and Two of its response to pre-hearing and hearing comments. Part One states that 67 commenters submitted written comments on the April 2025 proposed rule. During the May 22, 2025, hearing on the proposed rule, 11 stakeholders presented verbal testimony. According to the document, MPCA has reviewed the comments and “has identified some parts of the proposed rule that require clarification, or that the agency would...
June 20, 2025
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 is postponing until August 19, 2025, certain requirements already postponed in March 2025. EPA notes that these requirements relate only to the TSCA Section 6(g) exemptions in the final TCE rule. According to EPA, “[t]his will ensure that the timing of EPA’s...
On June 16, 2025, the U.S. Environmental Protection Agency (EPA) announced the release of the draft charge questions for discussion at the upcoming Science Advisory Committee on Chemicals (SACC) meeting to review all documents released thus far on the risk evaluations of five phthalates. SACC will review the draft risk evaluations for dibutyl phthalate (DBP), di(2-ethylhexyl) phthalate (DEHP), and dicyclohexyl phthalate (DCHP), as well as cross-cutting documents related to DBP, DEHP, DCHP, butyl...