The U.S. Environmental Protection Agency’s (EPA) spring 2023 Unified Agenda, published on June 13, 2023, includes the following rulemakings concerning per- and polyfluoroalkyl substances (PFAS). Prerule and Proposed Rule Stage Addressing PFAS in the Environment (RIN: 2050-AH25): On October 18, 2021, EPA released its PFAS Strategic Roadmap, building on and accelerating implementation of existing plans to address PFAS and committing to new policies to address PFAS in the environment. EPA...
The U.S. Environmental Protection Agency’s (EPA) spring 2023 Unified Agenda, published on June 13, 2023, includes the following rulemakings under the Toxic Substances Control Act (TSCA) or the Toxics Release Inventory (TRI). Proposed Rule Stage Tiered Data Reporting to Inform Prioritization, Risk Evaluation and Risk Management under TSCA (RIN: 2070-AK62): EPA is developing a rulemaking under TSCA Sections 8(a) and (d) to establish reporting requirements based upon a chemical’s status in...
As reported in our June 12, 2023, memorandum, the U.S. Environmental Protection Agency (EPA) published on June 7, 2023, a final rule with new and amended requirements concerning the assertion and treatment of confidential business information (CBI) claims for information reported to or otherwise obtained by EPA under the Toxic Substances Control Act (TSCA). EPA announced on August 10, 2023, that to ensure the “smoothest possible reporting experience” for TSCA submitters using...
The U.S. Environmental Protection Agency (EPA) is launching a webinar series in collaboration with the PETA Science Consortium International (PSCI), Institute for In Vitro Sciences (IIVS), and the California Department of Pesticide Regulation (CDPR). According to EPA, the quarterly series will focus on the use of new approach methodologies (NAM), or alternative methods to reduce vertebrate animal testing, for risk assessment within EPA and CDPR. The first webinar in the series will take place...
On August 1, 2023, Earthjustice filed a citizen petition under Section 21 of the Toxic Substances Control Act (TSCA) asking the U.S. Environmental Protection Agency (EPA) to establish regulations prohibiting the manufacturing, processing, use, and distribution of N-(1,3-Dimethylbutyl)-N’-phenyl-p-phenylenediamine (6PPD) (Chemical Abstracts Service Registry Number® (CAS RN®) 793-24-8) for and in tires. Earthjustice filed the petition on behalf of the Yurok Tribe, the Port Gamble...
August 7, 2023
Maine Invites Stakeholder Comment on Rule Concept Draft Language Prohibiting Sale of Food Packages Containing PFAS
On August 3, 2023, the Maine Department of Environmental Protection (MDEP) announced that it would accept stakeholder comment on its rule concept draft language that would prohibit manufacturers, suppliers, and distributors from offering for sale or for promotional purposes in Maine certain types of food packaging to which per- and poly-fluoroalkyl substances (PFAS) have been intentionally introduced. MDEP states that it has the authority to prohibit the sale of a food package to which...
On August 15, 2023, the U.S. Environmental Protection Agency (EPA) will hold a webinar on its proposed rule to protect workers from exposure to carbon tetrachloride (CTC). EPA published the proposed rule on July 28, 2023. 88 Fed. Reg. 49180. EPA states that if issued in final, “the rule would require a workplace chemical protection program with strict exposure limits for essentially the entire domestic production volume of CTC, workplace controls for laboratory use of CTC, and a ban on...
July 31, 2023
Bipartisan Group of Representatives Calls on EPA to Assess the Risks of PFAS in Fluorinated Containers
On July 25, 2023, 12 members of the House sent a letter to U.S. Environmental Protection Agency (EPA) Administrator Michael Regan urging EPA “to conduct a rigorous, comprehensive, and transparent assessment of the risks of [per- and polyfluoroalkyl substances (PFAS)] in fluorinated containers.” The letter states that EPA is mandated by the Toxic Substances Control Act (TSCA) to address the risks of new PFAS and significant new uses of existing PFAS. According to the letter, the...
On July 25, 2023, the U.S. Environmental Protection Agency (EPA) issued a final rule regarding the reporting and recordkeeping requirements for asbestos under the Toxic Substances Control Act (TSCA). 88 Fed. Reg. 47782. EPA states in its July 6, 2023, press release that under the reporting rule, manufacturers (including importers) or processors of asbestos between 2019 and 2022 with annual sales above $500,000 in any of those years are required to report exposure-related information,...
July 25, 2023
Uhlmann Confirmed as EPA Assistant Administrator for Enforcement and Compliance Assurance
On July 20, 2023, the Senate voted 53 to 46 to confirm David Uhlmann to be Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA) at the U.S. Environmental Protection Agency (EPA). As reported in our September 17, 2021, memorandum, Uhlmann was the Director of the Environmental Policy and Law Program at the University of Michigan Law School. Prior to academia, Uhlmann spent 17 years as a federal prosecutor, including seven years with the U.S. Department of...