TSCAblog®

On March 19, 2026, Representative Betty McCollum (D-MN) and Senator Dick Durbin (D-IL), Minority Whip, reintroduced the Forever Chemical Regulation and Accountability Act (H.R. 8016, S. 4153) to address the use of per- and polyfluoroalkyl substances (PFAS) in the domestic supply chain. According to McCollum’s March 19, 2026, press release, the bill would: Initiate a National Academies of Sciences, Engineering, and Medicine (NASEM) study to review the persistence, bioaccumulation, and human...

Bergeson & Campbell, P.C. (B&C®) is pleased to present “TSCA CBI Re-substantiation: When, Why, and How to Prepare.” The Toxic Substances Control Act (TSCA) provides critical protections for commercially sensitive information related to a company’s business, processes, and chemicals. The 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act amendments included a ten-year cap on many confidential business information (CBI) claims, absent a U.S. Environmental Protection...

Public Employees for Environmental Responsibility (PEER) announced on March 5, 2026, that through counsel at the Free Information Group (FIG), it filed a series of Freedom of Information Act (FOIA) requests with the U.S. Environmental Protection Agency (EPA) “seeking records related to how the agency is deploying artificial intelligence [(AI)] tools within its workforce and regulatory programs.” PEER states that it “seeks clarity on whether and how AI systems are being used to analyze...

On February 23, 2026, the U.S. Government Accountability Office (GAO) publicly released a report entitled Consumer Product Safety Commission: Opportunities to Strengthen Oversight of Toxic Substances in Children’s Products. Senators Patty Murray (D-WA), Ranking Member of the Senate Committee on Appropriations, and Jon Ossoff (D-GA) asked GAO to review how the Consumer Product Safety Commission (CPSC) addresses children’s products that contain toxic substances such as lead. In the report, GAO...

The Minnesota Pollution Control Agency (MPCA) announced on February 28, 2026, that it has updated the online system for reporting products containing intentionally added per- and polyfluoroalkyl substances (PFAS), the PFAS Reporting and Information System for Manufacturers (PRISM). Manufacturers or their representatives will use PRISM to report on intentionally added PFAS in products sold in Minnesota by July 1, 2026. According to MPCA’s website, PRISM 1.1 includes: Additional chemicals; Open...

The California Department of Toxic Substances Control (CDTSC) released on February 25, 2026, a draft Product-Chemical Profile for Floor Maintenance Products Containing Perfluoroalkyl or Polyfluoroalkyl Substances (PFAS) (draft Profile) for public comment. The draft Profile states that PFAS “are a large class of manufactured chemicals with at least one fully fluorinated carbon atom.” The draft Profile notes that all PFAS are Candidate Chemicals under the Safer Consumer Products (SCP) Program...

On March 4, 2026, the Senate Committee on Environment and Public Works (EPW) will hold a hearing on a discussion draft of S.__, the Toxic Substances Control Act Fee Reauthorization and Improvement Act of 2026. Witnesses will include: Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C.; David Isaacs, Vice President, Government Affairs, Semiconductor Industry Association; and Michal Freedhoff, Ph.D., Senior Policy Advisor, Holland & Knight. As reported in our January...

Before the New Mexico Environmental Improvement Board (NMEIB) began its hearing on February 23, 2026, on the New Mexico Environment Department’s (NMED) proposed rule to implement the Per- and Polyfluoroalkyl Substances (PFAS) Protection Act, NMED posted clean and redline versions of a “Rebuttal Proposed New Rule.” As reported in our January 23, 2026, blog item, NMED posted a revised proposed rule in January 2026. The February 2026 revisions state that the label shall include the symbol of...

On February 18, 2026, the New Mexico legislature passed House Joint Memorial 3, requesting that the New Mexico Environmental Improvement Board (NMEIB) and the New Mexico Environment Department (NMED) provide a report on the implementation of the 2025 Per- and Polyfluoroalkyl Substances (PFAS) Protection Act and recommendations to improve consumer protections from PFAS. Passed less than a week before NMEIB’s February 23, 2026, hearing on NMED’s proposed rule implementing the Act, House Joint...

Safer States released on February 18, 2026, its 2026 Analysis of State Policy Addressing Toxic Chemicals and Plastics. According to Safer States, in 2026, at least 15 major state laws and regulations are taking effect, while 33 states are expected to consider at least 275 policies addressing toxic chemicals and plastics. The 15 laws and regulations taking effect this year include broad restrictions on per- and polyfluoroalkyl substances (PFAS) in consumer products, “first-in-the-nation bans on...