TSCAblog®

Headlines regarding the U.S. Environmental Protection Agency’s (EPA) most recent proposed update to the one-time per- and polyfluoroalkyl substances (PFAS) reporting rule under Toxic Substances Control Act (TSCA) Section 8(a)(7) have been dominated by the rule’s new exemptions and the significant narrowing of responsibility and burden that industry stakeholders will face if the rule becomes final. But, buried in the preambular text -- Unit III.A.2 to be precise -- are a few paragraphs that...

On November 14, 2025, the U.S. Environmental Protection Agency (EPA) further postponed the effective date of the Toxic Substances Control Act (TSCA) Section 6(g) exemption requirements in the final risk management rule for tricholoroethylene (TCE) until February 17, 2026. 90 Fed. Reg. 51027. According to EPA’s November 13, 2025, press release, “[t]his will ensure that the timing of EPA’s administrative stay aligns with the court’s timeframe for this action.” EPA’s December 17, 2024,...

On November 19, 2025, the U.S. Senate Committee on Environment and Public Works will hold a hearing examining per-and polyfluoroalkyl substance (PFAS) cleanup and disposal policy. The Committee is scheduled to hear from the following witnesses: Eric Gerstenberg, Co-Chief Executive Officer, Clean Harbor; Leah Pilconis, General Counsel, Associated General Contractors of America; and Kate R. Bowers, Supervisory Attorney, Congressional Research Service.

On November 10, 2025, the U.S. Environmental Protection Agency (EPA) announced that it is rescheduling the November 18, 2025, preparatory meeting for the Science Advisory Committee on Chemicals (SACC). The meeting to consider the scope and clarity of the draft charge questions for SACC’s peer review of EPA’s draft risk evaluation for octamethylcyclotetrasiloxane (D4) will now be held virtually on December 1, 2025. Registration for the meeting is open. To present oral comments during the...

The U.S. Environmental Protection Agency (EPA) announced on November 10, 2025, that it will publish a final rule extending the compliance date for laboratories using methylene chloride to ensure long-term compliance with the requirements of the May 2024 final risk management rule. According to EPA, the final rule will extend the Workplace Chemical Protection Program (WCPP) compliance dates for non-federal laboratories by an additional 18 months, aligning them with the dates required for federal...

On October 29, 2025, Public Employees for Environmental Responsibility (PEER) announced that it filed an Information Quality Act (IQA) request with the U.S. Environmental Protection Agency (EPA) regarding statements on EPA’s website that perfluorooctanoic acid (PFOA) has been phased out of domestic production. According to PEER, two EPA publications on its website contain erroneous information about PFOA: “EPA Questions and Answers About TSCA,” Q8 states: “[Is] … perfluorooctanoic acid...

The New Mexico Environment Department (NMED) has posted frequently asked questions (FAQ) regarding New Mexico’s Per- and Polyfluoroalkyl Substances (PFAS) Protection Act labeling requirements. As reported in our October 15, 2025, memorandum, NMED petitioned New Mexico’s Environmental Improvement Board (EIB) to adopt a proposed rule to implement the PFAS Protection Act, including labeling requirements, and EIB voted to proceed with the rulemaking during its October 24, 2025, meeting....

On October 29, 2025, the Senate Committee on Environment and Public Works favorably reported several nominations, including Jeffrey Hall to be an Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA) at the U.S. Environmental Protection Agency (EPA) and Douglas Troutman to be Assistant Administrator for Toxic Substances at EPA, each by a vote of ten to nine along party lines. The Committee considered Hall’s nomination during a July 23, 2025, hearing, during...

On October 23, 2025, the Environment and Public Works Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight Subcommittee will hold a hearing on “Examining the Beneficial Use and Regulation of Chemicals.” The Committee is scheduled to hear from the following witnesses: Peter Huntsman, President and Chief Executive Officer (CEO), Huntsman Corporation; Dr. Gwen Gross, Senior Technical Fellow, The Boeing Company; and Dr. Tracey Woodruff, Professor and Director,...

Bergeson & Campbell, P.C. (B&C®), The Acta Group (Acta®), and B&C® Consortia Management, L.L.C. (BCCM) are pleased to present “Phthalate Risk Evaluation under TSCA and the Potential Impacts to the Plastics Industry,” on October 30, 2025, from 11:00 a.m. - 12:00 p.m. (EDT). This complimentary webinar will explore the background and current status of the U.S. Environmental Protection Agency’s (EPA) precedent-setting review of seven phthalates under Toxic Substances Control Act...

The U.S. Environmental Protection Agency (EPA) announced on October 9, 2025, that it is beginning a 30-day comment period on its 2024 final risk management rule for carbon tetrachloride (CTC). 90 Fed. Reg. 48203. As reported in our January 13, 2025, memorandum, EPA published the final rule on December 11, 2024. After the final rule was published, several legal challenges were filed and then consolidated in the U.S. Court of Appeals for the Eighth Circuit. EPA states that it “has since...

The U.S. Environmental Protection Agency (EPA) announced on October 10, 2025, that it eliminated “an extensive backlog of notifications received from companies regarding chemical risks that needed review and routing across the agency.” Section 8(e) of the Toxic Substances Control Act (TSCA) requires chemical manufacturers, importers, processers, and distributors to report to EPA any information that indicates their chemical may pose substantial risk to human health or the environment. EPA...

The New Mexico Environment Department (NMED) has posted a Public Involvement Plan (PIP) for implementing the Per- and Polyfluoroalkyl Substances (PFAS) Protection Act (HB 212). Effective October 8, 2025, the PIP provides public participation opportunities and information needed for the community to engage in rulemaking, enforcement, and policy development under the Act. The PIP also identifies information about affected communities and resources needed by NMED to incorporate public participation...

The U.S. Environmental Protection Agency (EPA) announced on October 7, 2025, the addition of a per- and polyfluoroalkyl substance (PFAS) to the list of chemicals covered by the Toxics Release Inventory (TRI). EPA added sodium perfluorohexanesulfonate (PFHxS-Na) to the TRI list pursuant to the Fiscal Year 2020 National Defense Authorization Act (NDAA). EPA states that the addition is due to EPA issuing a final toxicity value in 2025 entitled “IRIS Toxicological Review of Perfluorohexanesulfonic...

On October 2, 2025, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) released a report entitled Lessons Learned from Prior Oversight Related to the EPA’s Rulemaking. According to the report, OIG initiated the project to describe the lessons identified from select EPA OIG and U.S. Government Accountability Office (GAO) reports to help inform EPA’s future rulemaking efforts. OIG states that it reviewed 17 reports and identified five lessons from these prior...

Beginning July 1, 2026, Connecticut will prohibit the manufacture, sale, and distribution of certain consumer products that contain intentionally added per- and polyfluoroalkyl substances (PFAS) unless the manufacturer provides prior notification to the Connecticut Department of Energy and Environmental Protection (DEEP) and labels these products. The consumer products are apparel; carpets or rugs; cleaning products; cookware; cosmetic products; dental floss; fabric treatments; children's...

As reported in our May 29, 2025, memorandum, on May 22, 2025, the Minnesota Pollution Control Agency (MPCA) held a public hearing on its proposed per- and polyfluoroalkyl substances (PFAS) reporting rule. Administrative Law Judge (ALJ) Jim Mortenson facilitated the hearing. To allow the proposed rule to move forward, the ALJ must conclude that MPCA has the legal authority to adopt the rule; that MPCA has fulfilled all relevant legal and procedural requirements to promulgate the rules; and that...

The U.S. Environmental Protection Agency (EPA) announced on September 18, 2025, that it will prioritize the review of submissions for new chemicals that are intended for use in data center projects or in the manufacturing of covered components, in each case, which pertain to a data center project that is a qualifying project, as defined by Executive Order (EO) 14318, “Accelerating Federal Permitting of Data Center Infrastructure.” EPA states that new chemical manufacturers may also seek to...

The U.S. Environmental Protection Agency (EPA) announced on September 17, 2025, its next steps regarding regulatory efforts to address cleanup of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). On May 8, 2024, EPA designated PFOA, PFOS, and their salts and structural isomers as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Under the rule, entities are required to report immediately releases of PFOA and PFOS...

As reported in our April 11, 2025, memorandum, on April 8, 2025, New Mexico Governor Michelle Lujan Grisham (D) signed the Per- and Poly-Fluoroalkyl Substances (PFAS) Protection Act (HB 212), which will phase out intentionally added PFAS in certain consumer products before banning intentionally added PFAS in most products on January 1, 2032. The Act also requires manufacturers to report information about intentionally added PFAS by January 1, 2027. The Act states that the New Mexico...