TSCAblog®

The U.S. Environmental Protection Agency (EPA) announced on January 9, 2024, the automatic addition of seven per- and polyfluoroalkyl substances (PFAS) to the list of chemicals covered by the Toxics Release Inventory (TRI). For TRI Reporting Year 2024 (reporting forms due by July 1, 2025), reporting is required for these seven additional PFAS, bringing the total PFAS subject to TRI reporting to 196. The Fiscal Year (FY) 2020 National Defense Authorization Act (NDAA) includes a...

On January 4, 2024, the Washington Department of Ecology (WDOE) submitted a petition to the U.S. Environmental Protection Agency (EPA) under Section 21 of the Toxic Substances Control Act (TSCA) seeking a rulemaking to eliminate the current allowances for polychlorinated biphenyls (PCB) in consumer products. WDOE states that its research found that when PCBs are found in consumer products, “they are byproducts known to be associated with pigments, paints, or inks used in the manufacturing...

The Minnesota Pollution Control Agency (MPCA) has published a request for comments (RFC) on planned new rules governing currently unavoidable use (CUU) determinations for products containing per- and polyfluoroalkyl substances (PFAS). According to the RFC, the main purpose of the rulemaking is to establish criteria and processes through which MPCA will make decisions on what uses of intentionally added PFAS will qualify as CUUs in products sold, offered for sale, or distributed in Minnesota. Any...

The U.S. Environmental Protection Agency (EPA) will hold a webinar on January 25, 2024, on its October 2023 per- and polyfluoroalkyl substances (PFAS) reporting rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The rule is a statutory requirement under the fiscal year (FY) 2020 National Defense Authorization Act that requires all manufacturers (including importers) of PFAS and PFAS-containing articles in any year since 2011 to report information related to chemical identity,...

The U.S. Environmental Protection Agency (EPA) will hold a webinar on January 18, 2024, from 2:00 p.m. to 4:00 p.m. (EST) for an informational webinar to preview the 2024 Chemical Data Reporting (CDR) tool and learn how to sign up for and participate in the testing period before the tool is formally launched. Under the CDR rule, manufacturers (including importers) of chemicals listed on the Toxic Substances Control Act (TSCA) Inventory that meet specific production...

In 2021, Maine enacted “An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution.” Under the statute, beginning January 1, 2030, any product containing intentionally added PFAS may not be sold in Maine unless the use of PFAS in the product is specifically designated as a currently unavoidable use (CUU) by the Maine Department of Environmental Protection (MDEP). According to MDEP’s website, CUU determinations must be made through major substantive rulemaking, meaning that...

On December 28, 2023, the U.S. Environmental Protection Agency (EPA) released comments from the letter peer review for its 2023 white paper presenting EPA’s quantitative approach for the human health risk assessment for part 2 of the Toxic Substances Control Act (TSCA) risk evaluation for asbestos. EPA notes in its December 28, 2023, press release that under the previous Administration, it narrowed the scope of the asbestos risk evaluation by reviewing only ongoing uses and...

Click here for a PDF brochure of the memorandum Bergeson & Campbell, P.C. (B&C®) and its global consulting affiliate The Acta Group (Acta®) and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are delighted to share with you our Forecast 2024. This carefully curated document represents our seasoned team’s collective take on what to expect regarding global industrial, agricultural, and biocidal chemical initiatives in the New Year. Given the...

The Organization for Economic Cooperation and Development (OECD) has published a draft report entitled Draft Report on Per- and Polyfluoroalkyl Substances and Alternatives in Coatings, Paints and Varnishes (CPVs): Hazard Profile. OECD intends the draft report to complement its 2022 report, Per- and Polyfluoroalkyl Substances and Alternatives in Coatings, Paints and Varnishes (CPVs), by compiling information on the hazard profile of the fluoropolymers, short-chain PFAS, and non-fluorinated...

The U.S. Postal Service (Postal Service) published a proposed rule on December 15, 2023, that would amend Publication 52, Hazardous, Restricted, and Perishable Mail (Pub 52), by requiring specific outer packaging strength standards when mailing hazardous materials (HAZMAT) or dangerous goods (DG) and remove quantity restrictions for nonregulated toxic materials. 88 Fed. Reg. 86868. The Postal Service proposes to allow mailers to use poly or padded bags as outer packaging for shipments containing...