Elissa Reaves, Ph.D., who is currently Director of the Pesticide Re-Evaluation Division in the U.S. Environmental Protection Agency’s (EPA) Office of Pesticide Programs (OPP), will become the new Director of the Office of Pollution Prevention and Toxics (OPPT), replacing Denise Keehner. Keehner left her position as Assistant Secretary of the Maryland Department of the Environment to return to EPA in April 2022 as OPPT Director. Keehner previously worked in a variety of EPA offices, including...
November 16, 2023
U.S. Tire Manufacturers Association and USGS Partner for Joint Research into 6PPD Alternatives
The U.S. Tire Manufacturers Association (USTMA) announced on November 14, 2023, that it will partner with the U.S. Geological Survey (USGS) on a research project “to assess and refine methods of evaluating potential alternatives to [N-(1,3-Dimethylbutyl)-N′-phenyl-p-phenylenediamine (6PPD)] for use in tires.” As reported in our November 3, 2023, blog item, the U.S. Environmental Protection Agency (EPA) has granted a petition filed under Section 21 of the Toxic Substances Control Act (TSCA)...
The Biden Administration announced on November 9, 2023, that the Office of Information and Regulatory Affairs (OIRA) issued final revisions to Circular A-4, the government-wide guidance on regulatory analysis. Issued in 2003, Circular A-4 has been updated to help agencies more accurately estimate the impacts of their regulations and, according to the press release, “thereby enable them to craft better regulations which, in turn, means lower costs for consumers; cleaner food, air, and water;...
On November 9, 2023, the U.S. Environmental Protection Agency (EPA) invited nominations of scientific experts from a diverse range of disciplines to be considered for appointment to the Science Advisory Committee on Chemicals (SACC), established pursuant to the Toxic Substances Control Act (TSCA). 88 Fed. Reg. 77308. EPA states that it anticipates appointing new SACC members by mid-2024 due to expiring membership terms. Any interested person or organization may nominate qualified individuals to...
On November 2, 2023, the U.S. Environmental Protection Agency (EPA) announced that it granted a petition filed under Section 21 of the Toxic Substances Control Act (TSCA) to address the use of the chemical N-(1,3-Dimethylbutyl)-N′-phenyl-p-phenylenediamine (6PPD) in tires. As reported in our August 9, 2023, blog item, on August 1, 2023, Earthjustice filed a citizen petition asking EPA to establish regulations prohibiting the manufacturing, processing, use, and distribution of 6PPD for and in...
The U.S. Environmental Protection Agency (EPA) will hold a webinar on November 14, 2023, on its proposal to ban trichloroethylene (TCE). In October 2023, EPA released its proposed risk management rule under the Toxic Substances Control Act (TSCA) for TCE. The rule would ban the manufacture (including import), processing, and distribution in commerce of TCE for all uses. If issued in final, most uses of TCE would be prohibited within one year, including TCE manufactured and processed for most...
The U.S. Environmental Protection Agency (EPA) announced on October 20, 2023, the release of a final rule that is intended to improve reporting on per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) by eliminating an exemption that allowed facilities to avoid reporting information on PFAS when those chemicals were used in small concentrations. The final rule will add PFAS subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and...
On October 16, 2023, the U.S. Environmental Protection Agency (EPA) announced the availability of reporting instructions for entities required to report on their use of asbestos under the Toxic Substances Control Act (TSCA). EPA’s July 25, 2023, final rule requires manufacturers (including importers) or processors of asbestos between 2019 and 2022 with annual sales above $500,000 (combined with their parent company) in any of those years to report exposure-related information, including...
October 18, 2023
California Attorney General Issues Enforcement Advisory Letter to Warn Companies of Responsibility to Disclose Presence of PFAS
California Attorney General Rob Bonta announced the release of an enforcement advisory letter on October 17, 2023, to manufacturers, distributors, and sellers of food packaging and cookware, alerting them to their obligations under AB 1200, a recently enacted statute that restricts the presence of per- and polyfluoroalkyl substances (PFAS) in food packaging and imposes labeling disclosure requirements for cookware. Bonta also issued a consumer alert with tips for reducing PFAS exposures. The...
October 13, 2023
Uhlmann Confirms EPA Will Not Pursue PFAS Enforcement Actions against Farmers, Public Airports, and Municipal Wastewater Facilities
The American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER) is holding its 31st fall conference October 11-13, 2023, in Washington, D.C. On October 12, 2023, in his remarks at the conference, David Uhlmann, Assistant Administrator for the U.S. Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA), stated that EPA will not pursue per- and polyfluoroalkyl substances (PFAS) enforcement actions against farmers who used biosolids,...
October 12, 2023
ACC Submits Notice of Intent to File Suit for EPA to Complete Manufacturer-Requested Risk Evaluations for DINP and DIDP
The American Chemistry Council (ACC) announced on September 20, 2023, that together with the Texas Chemical Council, it submitted a 60-day notice of intent to file suit for the U.S. Environmental Protection Agency’s (EPA) failure to complete manufacturer-requested risk evaluations (MRRE) for diisononyl phthalate (DINP) and diisodecyl phthalate (DIDP) under the Toxic Substances Control Act (TSCA). ACC states that EPA failed to complete the MRREs by TSCA’s mandatory deadline of three years and...
October 11, 2023
California Governor Vetoes Bill Banning PFAS from Cleaning Products, Floor Sealers, and Floor Finishes
On October 8, 2023, California Governor Gavin Newsom (D) announced that he vetoed a number of bills, including AB 727, which would prohibit, by 2026, the manufacture, distribution, or sale of cleaning products that contain intentionally added per- or polyfluoroalkyl substances (PFAS), and would apply this ban, by 2028, to floor sealer or floor finish products. Newsom’s veto message notes that the bill is one of three single-product chemical bans passed by the legislature to address the...
The U.S. Environmental Protection Agency (EPA) announced on October 6, 2023, that it is deploying application updates, supporting new requirements under the Toxic Substances Control Act (TSCA) Confidential Business Information (CBI) Procedural Rule, within its electronic reporting site Central Data Exchange (CDX). EPA states that the deployments will update the applications requiring CBI substantiations to be provided within the application instead of requiring substantiation documents/templates...
On October 2, 2023, the U.S. Environmental Protection Agency (EPA) announced 30 Safer Choice Partner of the Year award winners, recognizing their achievements in the design, manufacture, and the selection and use of cleaners, detergents, and other products with safer chemicals. EPA states that the Safer Choice program helps consumers and purchasers of facilities, such as schools and office buildings, find cleaning and other products containing chemical ingredients that are safer alternatives for...
October 5, 2023
Minnesota Requests Comments on Planned New Rules Governing PFAS in Products Reporting and PFAS in Products Fees
The Minnesota Pollution Control Agency (MPCA) published two Requests for Comments (RFC) on two planned per- and polyfluoroalkyl substances (PFAS) rulemakings in the September 25, 2023, State Register, the PFAS in Products Reporting Rule (Revisor ID Number R-4828) and the PFAS in Products Fees Rule (Revisor ID Number R-4827). Comments on the RFCs are due by 4:30 p.m. (CST) on Tuesday, November 28, 2023. The PFAS in Products Reporting Rule: The main purpose of this rulemaking is to establish a...
The U.S. Environmental Protection Agency (EPA) announced on September 29, 2023, that it is adding ten chemicals to the Safer Chemical Ingredients List (SCIL). EPA describes the SCIL as “a living list of chemicals that EPA’s Safer Choice program has evaluated and determined meet Safer Choice criteria.” With this update, the SCIL includes a total of 1,071 chemicals that are “among the safest for their functional use.” According to EPA, the SCIL provides increased transparency in safer...
September 29, 2023
GAO Releases Report on Detecting, Limiting Exposure to, and Treating PFAS Contamination
The U.S. Government Accountability Office (GAO) publicly released a report on September 27, 2023, entitled “Persistent Chemicals: Detecting, Limiting Exposure To, and Treating PFAS Contamination.” According to GAO, examples of how per- and polyfluoroalkyl substances (PFAS) enter the environment include: Manufacturing plants: Industrial processes can discharge PFAS-containing wastewater or emit PFAS into the air; Wastewater treatment plants: Effluent discharged from plants can contain PFAS;...
The U.S. Environmental Protection Agency (EPA) announced on September 21, 2023, that the Office of Compliance within the Office of Enforcement and Compliance Assurance has released an updated version of the Per- and Polyfluoroalkyl Substances (PFAS) Analytic Tools. The tools are hosted on EPA’s Enforcement and Compliance History Online (ECHO) website. EPA states that the data visualization tools enable users to evaluate what is known about PFAS manufacturing, releases, and occurrence in...
September 22, 2023
Comments on EPA’s White Paper on Quantitative Human Health Approach to Be Applied in Risk Evaluation for Asbestos Part 2 Due October 2, 2023
On August 3, 2023, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited public comment on the document entitled “White Paper: Quantitative Human Health Approach to be Applied in the Risk Evaluation for Asbestos Part 2 -- Supplemental Evaluation including Legacy Uses and Associated Disposals of Asbestos” (White Paper) and related charge questions. 88 Fed. Reg. 51309. EPA states that it will be soliciting comments from expert ad hoc reviewers on the...
The Environmental Defense Fund (EDF) published a blog item on September 18, 2023, entitled “Now’s the Time -- How EPA Can Use TSCA to Turn Off the PFAS Tap.” According to EDF, for both previously approved per- and polyfluoroalkyl substances (PFAS) and for new PFAS, the U.S. Environmental Protection Agency (EPA) should: Use the Best Available Science: EDF states that EPA’s Toxic Substances Control Act (TSCA) program should rely on the scientific expertise on PFAS across the Agency, such...