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

February 4, 2025

MPCA Recommends Exempting until 2032 Intentionally Added PFAS in Electronic or Other Internal Components within the 11 Product Categories Prohibiting PFAS in 2025

The Minnesota Pollution Control Agency (MPCA) has posted a January 2025 report to the legislature regarding recommendations for products containing lead, cadmium, and perfluoroalkyl and polyfluoroalkyl substances (PFAS). During the previous legislative session, the legislature directed MPCA to support a report by January 31, 2025, with legislative recommendations related to the following chemicals and products: The MPCA report recommends that the legislature grant an exemption until 2032 for the...
February 3, 2025

EPA Extends Comment Period on Draft TSCA Risk Evaluation for 1,3-Butadiene

The U.S. Environmental Protection Agency (EPA) announced on January 31, 2025, that it is extending the public comment period on the draft risk evaluation for 1,3-butadiene under the Toxic Substances Control Act (TSCA). 90 Fed. Reg. 8798. Comments that were due February 3, 2025, are now due March 5, 2025. EPA states in its announcement that to give the peer reviewers on the Science Advisory Committee on Chemicals (SACC) time to review any additional comments...
January 30, 2025

EPA Delays Effective Date of TCE Risk Management Rule

On January 28, 2025, the U.S. Environmental Protection Act (EPA) issued a final rule delaying the effective date of four rules, including the December 17, 2024, final risk management rule for trichloroethylene (TCE) issued under Section 6(a) of the Toxic Substances Control Act (TSCA), until March 21, 2025. 90 Fed. Reg. 8254. EPA states that it is delaying the effective dates of the rules in response to President Trump’s January 20, 2025, memorandum entitled “Regulatory...
January 29, 2025

EPA Releases Compliance Guidance for Workplace Chemical Protection Requirements in TSCA Risk Management Rules

On January 16, 2025, the U.S. Environmental Protection Agency (EPA) released a compliance guide to assist the regulated community in complying with Workplace Chemical Protection Program (WCPP) requirements for chemicals regulated under Section 6 of the Toxic Substances Control Act (TSCA). EPA states that a WCPP “is a chemical protection program designed to address unreasonable risk posed by chemical exposure to persons in occupational settings.” The compliance guide provides an overview of...
January 24, 2025

EPA Updates TSCA Inventory

On January 17, 2025, the U.S. Environmental Protection Agency (EPA) announced the release of the latest Toxic Substances Control Act (TSCA) Inventory. The TSCA Inventory lists all existing chemical substances manufactured, processed, or imported in the United States under TSCA that do not otherwise qualify for an exemption or exclusion. EPA states that “[t]his biannual update to the public TSCA Inventory is part of EPA’s regular posting of non-confidential TSCA Inventory data.” EPA plans...
January 23, 2025

GAO Recommends EPA’s New Chemicals Program Develop a Systematic Process to Manage and Assess Performance Better

The U.S. Government Accountability Office (GAO) publicly released a report entitled “New Chemicals Program: EPA Needs a Systematic Process to Better Manage and Assess Performance” on January 22, 2025. GAO states that it was asked to review the U.S. Environmental Protection Agency’s (EPA) implementation of its Toxic Substances Control Act (TSCA) New Chemicals Program. The report summarizes the perspectives of selected manufacturers on EPA’s review process and evaluates the extent to which...
January 23, 2025

Register Now for “What’s New with New Approach Methodologies: A Webinar Featuring EPA CCTE’s Katie Paul Friedman, Ph.D., and PETA Toxicology Specialist Adam Bettmann, MS, DABT®”

Bergeson & Campbell, P.C. (B&C®) is pleased to present “What’s New with New Approach Methodologies: A Webinar” from 11:00 a.m. – 12:30 p.m. (EST) on February 13, 2025. New Approach Methodologies (NAM) are being increasingly used throughout the field of toxicology due to scientific, logistical, and ethical advantages, as well as legal requirements. The U.S. Environmental Protection Agency (EPA), as directed by the 2016 amendment to the Toxic Substances Control Act (TSCA), is...
January 22, 2025

EPA Proposes to Clarify Supplier Notification Requirements for TRI-Listed PFAS

The U.S. Environmental Protection Agency (EPA) proposed on January 17, 2025, to clarify the timeframe for when companies must first notify a customer that one of its mixtures or trade name products contains a per- or polyfluoroalkyl substance (PFAS) listed on the Toxics Release Inventory (TRI). 90 Fed. Reg. 5795. The National Defense Authorization Act for Fiscal Year 2020 (NDAA) adds certain PFAS automatically to the TRI beginning January 1 of the year following specific...
January 21, 2025

Witness Testimony Available for House Subcommittee Hearing on the Frank R. Lautenberg Chemical Safety for the 21st Century Act

On January 22, 2025, the House Energy and Commerce Subcommittee on Environment will hold a hearing entitled, “A Decade Later: Assessing the Legacy and Impact of the Frank R. Lautenberg Chemical Safety for the 21st Century Act.” The Committee website includes the following witness materials:...
January 17, 2025

House Energy and Commerce Subcommittee Will Hold Hearing on Revitalizing American Innovation and Enhancing the U.S. Chemical Supply Chain

On January 22, 2025, at 10:30 a.m. (EST), the House Energy and Commerce Subcommittee on Environment will hold a hearing entitled “A Decade Later: Assessing the Legacy and Impact of the Frank R. Lautenberg Chemical Safety for the 21st Century Act.” The Committee’s press release notes that “[t]he domestic production of chemicals is critical to the growth of our economy and vital to the success of American manufacturers.” According to the press release, nearly ten...