TSCAblog®

As reported in our May 29, 2025, memorandum, on May 22, 2025, the Minnesota Pollution Control Agency (MPCA) held a public hearing on its proposed per- and polyfluoroalkyl substances (PFAS) reporting rule. Administrative Law Judge (ALJ) Jim Mortenson facilitated the hearing. To allow the proposed rule to move forward, the ALJ must conclude that MPCA has the legal authority to adopt the rule; that MPCA has fulfilled all relevant legal and procedural requirements to promulgate the rules; and that...

The U.S. Environmental Protection Agency (EPA) announced on September 18, 2025, that it will prioritize the review of submissions for new chemicals that are intended for use in data center projects or in the manufacturing of covered components, in each case, which pertain to a data center project that is a qualifying project, as defined by Executive Order (EO) 14318, “Accelerating Federal Permitting of Data Center Infrastructure.” EPA states that new chemical manufacturers may also seek to...

The U.S. Environmental Protection Agency (EPA) announced on September 17, 2025, its next steps regarding regulatory efforts to address cleanup of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). On May 8, 2024, EPA designated PFOA, PFOS, and their salts and structural isomers as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Under the rule, entities are required to report immediately releases of PFOA and PFOS...

As reported in our April 11, 2025, memorandum, on April 8, 2025, New Mexico Governor Michelle Lujan Grisham (D) signed the Per- and Poly-Fluoroalkyl Substances (PFAS) Protection Act (HB 212), which will phase out intentionally added PFAS in certain consumer products before banning intentionally added PFAS in most products on January 1, 2032. The Act also requires manufacturers to report information about intentionally added PFAS by January 1, 2027. The Act states that the New Mexico...

The U.S. Environmental Protection Agency (EPA) announced on September 10, 2025, that it is seeking nominations of scientific and technical experts to be considered as ad hoc reviewers assisting the Science Advisory Committee on Chemicals (SACC) with the peer review of the draft risk evaluation of octamethylcyclotetrasiloxane (D4) under the Toxic Substances Control Act (TSCA). EPA states that these nominations will help it select approximately seven to eight ad hoc reviewers to assist SACC with...

Under the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) amendments to the Toxic Substances Control Act (TSCA), most confidential business information (CBI) claims will expire after ten years unless reasserted and substantiated. This means that a CBI claim made in 2016 will expire in 2026 unless the claim is reasserted and resubstantiated before the end of the ten-year period. The U.S. Environmental Protection Agency (EPA) issued in June 2023 a final rule with...

The U.S. Department of Defense’s (DOD) Office of the Assistant Secretary of Defense for Energy, Installations, and Environment is developing a proof of concept to conduct chemical alternatives assessments (AA) in collaboration with industry.  As a first step, DOD will conduct a pilot project to assess alternatives for a chemical of emerging concern to DOD and industry. According to DOD, a consortium of universities will assist DOD in the AA. To help with the chemical selection for the pilot...

On September 4, 2025, the Office of Management and Budget (OMB) published the Trump Administration’s Spring 2025 Unified Agenda. The U.S. Environmental Protection Agency’s (EPA) Unified Agenda includes the following rulemakings regarding per- and polyfluoroalkyl substances (PFAS): PFAS Requirements in National Pollutant Discharge Elimination System (NPDES) Permit Applications: EPA notes that the list of pollutants in the NPDES application regulations has not been updated since 1987 and...

As reported in our May 30, 2025, blog item, 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...

On August 25, 2025, the New York State Department of Environmental Conservation (NYS DEC) held a pre-rulemaking stakeholder meeting on its implementation of New York’s per- and polyfluoroalkyl substances (PFAS) in apparel law. Section 37-0121 of the Environmental Conservation Law (ECL) prohibits the sale of apparel containing PFAS as intentionally added chemicals beginning January 1, 2025. No later than January 1, 2027, Section 37-0121 prohibits the sale of apparel containing PFAS at or above...