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Toxic Substances Control Act (TSCA) requiring manufacturers (including importers) of 16 chemicals to report data from unpublished health and safety studies to EPA. 91 Fed.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...
News and analysis regarding Lautenberg implementation and related legal and administrative developments
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...
TSCA Reform -- 10 Years LaterJune 10, 2026, 9:00 a.m. – 5:30 p.m. (EDT) An In-Person and Virtual Program In-Person:The George Washington University Virtual livestream details on registration page Complimentary registration:https://www.eli.org/events/tsca-reform-10-years-later Register now to join Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health (GWU) for the...
The American Sustainable Business Network (ASBN) announced on April 14, 2026, that it is inviting all businesses, brands, retailers, ingredient suppliers, institutional purchasers, investors, and public health and environmental organizations to join it in expressing strong support for the introduction and enactment of bipartisan legislation to authorize the U.S. Environmental Protection Agency’s (EPA) Safer Choice Program. According to ASBN, “[a]uthorizing Safer Choice in statute would...
The U.S. Environmental Protection Agency (EPA) will hold a webinar on May 6, 2026, at 4:00 p.m. (EDT) to provide information on Confidential Business Information (CBI) claims scheduled to expire under the Toxic Substances Control Act (TSCA). According to EPA, the webinar is intended to help companies, stakeholders, and the public better understand regulatory requirements surrounding the lifecycle of CBI claims, how to find out if a CBI claim is expiring, and how to request an extension of an...