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...
October 10, 2024

With Less Than One Month until Election Day, a Growing List of Policy Issues Needs Attention during the Lame Duck Session

The list of pending issues that Congress could consider during the lame duck session in 2024 continues to grow. The list includes “must pass” items, including appropriations to fund the government through the remainder of Fiscal Year (FY) 2025 and the National Defense Authorization Act (NDAA). This blog focuses on issues not getting the congressional attention they deserve. Members of Congress returned to Washington, D.C., from summer recess for a three-week work period in September....
October 9, 2024

Senate Committee Hearing on Public Impacts of PFAS Exposures Postponed

As reported in our September 24, 2024, blog item, the Senate Committee on Environment and Public Works (EPW) was scheduled to hold a hearing on September 26 titled “Examining the Public Health Impacts of [Per- and Polyfluoroalkyl Substances (PFAS)] Exposures.” The hearing was postponed on September 25, 2024, when the Senate adjourned until November after enactment of H.R. 9747, the Continuing Appropriations and Extensions Act, 2025, also known as the Continuing Resolution (CR) to fund...
October 9, 2024

EPA Accepting Comment on Next Round of Chemicals to Be Considered for Prioritization under TSCA

The U.S. Environmental Protection Agency (EPA) is accepting comment on the next round of chemicals that it may prioritize for risk evaluation under the Toxic Substances Control Act (TSCA). EPA announced the list of 27 chemicals during webinars on September 30 and October 1, 2024. According to the slides from the webinar, the candidate chemicals are: 1-Hexadecanol 2-Ethylhexyl 2,3,4,5-tetrabromobenzoate (TBB) 4-tert-Octylphenol (4-(1,1,3,3-Tetramethylbutyl)-phenol) Benzene bis(2-Ethylhexyl)...
October 3, 2024

Minnesota Posts Q&As from July 2024 Webinars on PFAS in Products Law; Leaders Mark 100 Days until Law Takes Effect

The Minnesota Pollution Control Agency (MPCA) held two public webinars in July 2024 to provide updates and answer questions on Minnesota’s per- and polyfluoroalkyl substances (PFAS) in products law (Amara’s Law), which takes effect in stages between 2025 and 2032. MPCA has posted its presentations, recordings of the webinars, and written responses to questions received during the webinars. The questions and answers (Q&A) note that the written responses “are advisory as of September 12,...
October 1, 2024

EPA Adds 27 Chemicals to Safer Chemical Ingredients List

The U.S. Environmental Protection Agency (EPA) announced on September 30, 2024, that it is updating the Safer Chemical Ingredients List (SCIL) “to enhance transparency in safer chemistry, help consumers and organizations find safer chemical alternatives, and increase innovation and growth of safer products.” According to EPA, with this update, there are 957 chemicals on the SCIL. The updates include: EPA recharacterized methyl ethyl ketone (CAS RN 78-93-3) as a specialized industrial...
September 30, 2024

Court Finds Typical Levels of Drinking Water Fluoridation Present an Unreasonable Risk to Health, Directs EPA to Take Regulatory Action

After the U.S. Environmental Protection Agency (EPA) denied a 2016 petition filed under Section 21 of the Toxic Substances Control Act (TSCA) requesting that EPA consider whether fluoride in drinking water presents an unreasonable risk of injury to human health, a coalition of non-governmental organizations (NGO) promptly filed suit in the U.S. District Court for the Northern District of California. Food & Water Watch v. EPA (No. 3:17-cv-02162-EMC). After a bench trial in 2020, the...
September 26, 2024

California Sues ExxonMobil, Claiming It Deceives the Public on Recyclability of Plastic Products

On September 22, 2024, the State of California Department of Justice announced that it filed a lawsuit in the San Francisco County Superior Court against ExxonMobil “for allegedly engaging in a decades-long campaign of deception that caused and exacerbated the global plastics pollution crisis.” California “seeks to compel ExxonMobil, which promotes and produces the largest amount of polymers — essentially the building blocks used to make single-use plastic — that become plastic...
September 24, 2024

EPA Moves for Voluntary Remand, Seeks to Reconsider PMNs in Cherokee Concerned Citizens

On September 20, 2024, the U.S. Environmental Protection Agency (EPA) filed a motion in the U.S. Court of Appeals for the District of Columbia Circuit for a voluntary remand of the case brought by Cherokee Concerned Citizens or review of an Order for a New Chemical Substance under Section 5 of the Toxic Substances Control Act (TSCA). Cherokee Concerned Citizens v. EPA (No. 23-1096). EPA states that it wishes to withdraw the Order and reconsider...