TSCAblog®

On May 27, 2025, the American Chemistry Council (ACC) petitioned the U.S. Environmental Protection Agency (EPA) under Section 21 of the Toxic Substances Control Act (TSCA) to reconsider the final risk management rule for trichloroethylene (TCE). ACC requests that EPA reconsider and amend two provisions of the rule: To give EPA adequate time to consider the issues raised in the petition, ACC also hereby requests that EPA take immediate action to revise the TCE rule...

Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to present “TSCA Reform — Nine Years Later” on June 25, 2025, from 8:30 a.m. – 4:30 p.m. (EDT). This complimentary virtual conference marks the ninth Toxic Substances Control Act (TSCA) Annual Conference. As with our previous TSCA events, a stellar faculty of speakers from government, non-governmental...

The U.S. Environmental Protection Agency (EPA) issued a final rule on June 9, 2025, that extends the reporting deadlines 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Toxic Substances Control Act (TSCA) requiring manufacturers (including importers) of 16 chemicals to report data from unpublished health and safety studies to EPA. 90 Fed. Reg. 24228. EPA notes that these health and safety studies “will help inform EPA’s prioritization, risk evaluation, and risk management of chemicals under...

President Trump’s fiscal year (FY) 2026 budget request for the Chemical Safety and Hazard Investigation Board (CSB) states that the President’s budget proposes to eliminate funding for CSB as part of the Trump Administration’s plans “to move the Nation towards fiscal responsibility and to redefine the proper role of the Federal Government.” The President’s budget request proposes $0 for CSB in FY 2026 with the expectation that CSB begin closing down during FY 2025. CSB’s...

On May 27, 2025, the U.S. Department of Defense (DOD) issued a request for information (RFI) to gather information to identify and assess critical applications for DOD and the 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 states that it will help the Office of the Assistant Secretary of Defense for Energy, Installations,...

On May 15, 2025, the Center for Environmental Accountability (CEA) filed a petition under Section 21 of the Toxic Substances Control Act (TSCA) requesting that the U.S. Environmental Protection Agency (EPA) reconsider the 2024 final rule regarding procedures for chemical risk evaluation under TSCA and initiate a rulemaking to amend certain provisions in 40 C.F.R. Part 702, subpart B. According to CEA, the current process “has led to overly conservative risk conclusions and, in turn,...

As reported in our May 4, 2025, blog item, on May 2, 2025, a coalition of chemical companies petitioned the U.S. Environmental Protection Agency (EPA) for an amendment of the Toxic Substances Control Act (TSCA) Section 8(a)(7) rule requiring reporting for per- and polyfluoroalkyl substances (PFAS). The petitioners ask that EPA revise the reporting rule to exclude imported articles, research and development (R&D) materials, impurities, byproducts, non-isolated intermediates, and PFAS...

On May 20, 2025, the U.S. Environmental Protection Agency (EPA) released a proposed rule that would extend certain compliance dates in the final risk management rule for methylene chloride under the Toxic Substances Control Act (TSCA) “to ensure long-term compliance with the rule’s requirements.” The proposed rule would extend the Workplace Chemical Protection Program (WCPP) compliance dates for non-federal laboratories by an additional 18 months to align with the dates allowed for federal...

On May 15, 2025, the U.S. Food and Drug Administration (FDA) announced the launch of “a stronger, more systematic review process for food chemicals already on the market — especially those that concern consumers most.” Over the coming months, FDA will roll out the following key actions: FDA notes that until now, it has conducted post-market reviews “on a case-by-case basis, often in response to citizen petitions or new scientific evidence.” FDA states that the...

On May 5, 2025, the U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) issued a consent agreement and final order between EPA and Cytonix, LLC (Cytonix). According to the consent agreement, in 2022, EPA inspectors discovered Cytonix’s potential noncompliance with requirements under Section 5 of the Toxic Substances Control Act (TSCA) for a manufactured chemical substance consisting of short-chain polyfluorinated materials (Chemical A) that was developed as a...

As reported in our February 14, 2025, blog item, on February 11, 2025, community and environmental groups submitted a petition under Section 21 of the Toxic Substances Control Act (TSCA) to the U.S. Environmental Protection Agency (EPA) to prohibit the use of hydrogen fluoride in domestic oil refining “to eliminate the extreme and unreasonable risks this use presents to public health and the environment.” On May 12, 2025, EPA denied the petition, stating that the...

The U.S. Environmental Protection Agency (EPA) recently updated its website to include two petitions submitted under Section 21 of the Toxic Substances Control Act (TSCA) that seek reconsideration of exemption provisions of EPA’s final risk management rule for trichloroethylene (TCE). On March 24, 2025, PPG Industries, Inc. (PPG) submitted a petition seeking an amendment to the December 2024 final rule’s exemption for the industrial and commercial use of TCE as a processing aid for specialty...

On April 24, 2025, the U.S. Department of Justice (DOJ) filed an unopposed motion in the U.S. Court of Appeals for the Second Circuit for voluntary dismissal of its appeal of an October 2024 decision finding that eBay is immune from liability under Section 230 of the Communications Decency Act. USA v. eBay, No. 24-3104. As reported in our September 28, 2023, memorandum, in September 2023, DOJ, on behalf of the U.S. Environmental Protection Agency...

The U.S. Environmental Protection Agency (EPA) announced on April 30, 2025, that it is requesting public comments on candidates who are interested and available to serve as ad hoc reviewers assisting its Science Advisory Committee on Chemicals (SACC) in the peer review of the Agency’s data, methods, models, and approaches for the draft Toxic Substances Control Act (TSCA) risk evaluations of dibutyl phthalate (DBP), di(2-ethylhexyl) phthalate (DEHP), and dicyclohexyl phthalate (DCHP). According...

The Maine Department of Environmental Protection (MDEP) updated its web page on per- and polyfluoroalkyl substances (PFAS) in products on May 2, 2025. The updated page includes links to the April 2025 final rule on products containing PFAS, instructions for submitting a currently unavoidable use (CUU) proposal, and frequently asked questions (FAQ). The FAQs address several questions related to CUU determinations, including: As reported in our April 11, 2025, blog item, CUU proposals are due...

As reported in our March 31, 2025, blog item, on March 21, 2025, the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in a case challenging the U.S. Environmental Protection Agency’s (EPA) May 3, 2024, final rule amending the procedural framework rule for conducting risk evaluations under the Toxic Substances Control Act (TSCA). United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW) v....

On May 2, 2025, a coalition of chemical companies petitioned the U.S. Environmental Protection Agency (EPA) for an amendment of the Toxic Substances Control Act (TSCA) Section 8(a)(7) rule requiring reporting for per- and polyfluoroalkyl substances (PFAS). Filed under TSCA Section 21 and the February 19, 2025, Executive Order on Ensuring Lawful Governance and Implement the President’s “Department of Government Efficiency” Deregulatory Initiative, the petition states that EPA’s October...

This June marks the ninth anniversary of the enactment of the game-changing Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) that amended the Toxic Substances Control Act (TSCA). With a new Trump Administration and the relentless pace of regulatory developments related to Lautenberg implementation, there are many issues to consider and problems to solve. Save the date to join Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and...

Register now to join Bergeson & Campbell, P.C. (B&C®) affiliate The Acta Group (Acta®) and EPPA for “PFAS Updates: What’s Happening in the U.S. and EU,” a complimentary webinar offering expert updates on per- and polyfluoroalkyl substances (PFAS) regulatory developments. These substances are attracting global legal, regulatory, commercial, and litigation attention as no other “emerging contaminant” has. While the U.S. Administration is new, PFAS regulation continues at a...

On April 17, 2025, the U.S. Environmental Protection Agency (EPA) extended the comment period on a draft risk assessment of the potential human health risks associated with the presence of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in biosolids, also known as sewage sludge. 90 Fed. Reg. 16128. According to EPA, the draft risk assessment “reflects the agency’s latest scientific understanding of the potential risks to human health and the environment posed by the...