On July 3, 2026, the Office of Management and Budget (OMB) published the Trump Administration’s 2026 Unified Agenda. The U.S. Environmental Protection Agency’s (EPA) Unified Agenda includes the following rulemakings regarding per- and polyfluoroalkyl substances (PFAS): Clean Water Act (CWA) Effluent Limitations Guidelines and Standards for PFAS Manufacturers under the Organic Chemicals, Plastics and Synthetic Fibers Point Source Category: EPA is revising the existing Organic Chemicals,...
News and analysis regarding Lautenberg implementation and related legal and administrative developments
The Internal Revenue Service (IRS) published a notice of determinations on June 26, 2026, that the list of taxable substances is modified to include the following two substances: chloro-isobutene-isoprene rubber and ethylene-propylene-dicyclopentadiene rubber. 91 Fed. Reg. 38778. Arlanxeo USA LLC and Arlanxeo Canada Inc., importers and exporters of the chemicals, submitted petitions requesting to add the chemicals to the list. The IRS states that according to the petition for...
As reported in our May 22, 2026, blog item, the Internal Revenue Service (IRS) announced on May 18, 2026, that it will hold a hearing on June 18, 2026, on the notice of filing to add methyl methacrylate-ethyl methacrylate-methacrylic acid copolymer in a styrene solution to the list of taxable substances. 91 Fed. Reg. 28759. According to a June 11, 2026, Federal Register notice, the IRS did not receive any requests to testify or outlines of topics. 91 Fed. Reg. 35615. Therefore, the IRS has...
On May 22, 2026, the U.S. Environmental Protection Agency (EPA) extended the reporting deadline for a rule under Section 8(d) of the Toxic Substances Control Act (TSCA) requiring manufacturers (including importers) of 16 chemicals to report data from unpublished health and safety studies to EPA. 91 Fed. Reg. 30222. The rule applies to manufacturers in the North American Industrial Classification System (NAICS) codes for chemical manufacturing (NAICS code 325) and petroleum refineries (NAICS code...
On May 1, 2026, the Office of Administrative Law approved and filed regulations accompanying California’s Senate Bill 54 (SB 54). The regulations were effective as of the May 1 filing date. Also on May 1, CalRecycle published a web page with compliance guidance and information for producers. Due to the effective status of the regulations, producers must take one of the following actions by June 1, 2026: Producers complying with the program through the approved producer responsibility...
The Internal Revenue Service (IRS) announced on May 18, 2026, that it will hold a hearing on June 18, 2026, on the notice of filing to add methyl methacrylate-ethyl methacrylate-methacrylic acid copolymer in a styrene solution to the list of taxable substances. 91 Fed. Reg. 28759. The hearing will be limited to testimony about the notice of filing for methyl methacrylate-ethyl methacrylate-methacrylic acid copolymer in a styrene solution. According to the January 14, 2026, notice announcing that...
The U.S. Department of War (DoW) published a request for information (RFI) on May 12, 2026, seeking information to identify and assess critical applications for DoW and defense industrial base (DIB) that necessitate the use of existing chemicals undergoing the U.S. Environmental Protection Agency’s (EPA) Toxic Substances Control Act (TSCA) Section 6 risk evaluation process. The RFI is intended to help the Office of the Assistant Secretary of War for Energy, Installations, and Environment...
May 12, 2026
EPA’s FY 2026 Top Management Challenges Include Meeting Statutory Requirements for Ensuring the Safe Use of Chemicals
The U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) released on May 6, 2026, a report on EPA’s fiscal year (FY) 2026 top management challenges. The report identifies what OIG considers to be the six most serious management and performance challenges facing EPA in FY 2026: Managing contracts, grants, and associated data systems; Meeting statutory requirements for ensuring the safe use of chemicals; Managing information technology modernization; Maintaining mission...
The U.S. Environmental Protection Agency (EPA) announced on April 28, 2026, the availability of an update to the April 16, 2024, interim guidance on the destruction and disposal of perfluoroalkyl and polyfluoroalkyl substances (PFAS) and materials containing PFAS for public comment. 91 Fed. Reg. 22815. According to EPA, the updated guidance “builds on information pertaining to technologies that may be feasible and appropriate for the destruction or disposal of PFAS and PFAS-containing...
The Sound Science Act (S. 4397), introduced by Senator Pete Ricketts (R-NE) on April 27, 2026, would strengthen the science used for risk reviews and improve interagency coordination for chemicals regulated under the Toxic Substances Control Act (TSCA). According to Ricketts’s April 27, 2026, press release, “[b]y strengthening the scientific basis for regulation and expediting the existing chemical review process, Americans can have access to updated and safe chemistries.” The press...