TSCAblog®

As reported in our September 12, 2025, blog item, 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...

The U.S. Environmental Protection Agency (EPA) announced on December 23, 2025, that under the Trump Administration, EPA “is dramatically expanding its imports investigative capacity and enforcement scope beyond the limited efforts of previous years, launching broader investigations that target illegal pesticide and chemical smuggling operations across multiple sectors to safeguard communities, agricultural integrity, and national security.” According to EPA, this increased enforcement...

On January 15, 2026, the Organisation for Economic Co-operation and Development (OECD) will hold a webinar on its recent report, Synthesis Report on Understanding Fluoropolymers and Their Life Cycle. As reported in our December 15, 2025, blog item, the report provides a synthesis of the global fluoropolymer market, exploring the identities and life cycles of fluoropolymers, the presence of other per- and polyfluoroalkyl substances (PFAS) in commercial products, their degradation through...

The New York State Department of Environmental Conservation (NYS DEC) issued on December 11, 2025, a suite of per- and polyfluoroalkyl substances (PFAS) response actions and resources intended to protect communities. The materials released include a new progress report detailing New York State’s leadership in addressing PFAS; a new study on the presence of PFAS on the landscape; final wastewater treatment plant guidance that protects drinking water and other surface waters; proposed new...

On November 14, 2025, the Organisation for Economic Co-operation and Development (OECD) published a report entitled Synthesis Report on Understanding Fluoropolymers and Their Life Cycle. The report provides a synthesis of the global fluoropolymer market, exploring the identities and life cycles of fluoropolymers, the presence of other per- and polyfluoroalkyl substances (PFAS) in commercial products, their degradation through processing, use, and end-of-life treatment, as well as their...

On December 18, 2025, the House Energy and Commerce Subcommittee on Environment will hold a hearing on “Examining the Impact of EPA’s CERCLA Designation for Two PFAS Chemistries and Potential Policy Responses to Superfund Liability Concerns.” In May 2024, the U.S. Environmental Protection Agency (EPA) issued a final rule designating perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers as hazardous substances under the Comprehensive...

The United Nations (UN) Special Rapporteur on toxics and human rights has called for input on a thematic report on “forever chemicals (PFAS) and human rights.” According to the UN, the report will identify how the adverse impacts of per- and polyfluoroalkyl substances (PFAS), including pathways to exposure, relate to potential human rights violations. The report “will also analyze gaps and shortcomings in the national, regional, and multilateral legal frameworks governing forever...

On December 8, 2025, the Minnesota Pollution Control Agency (MPCA) published in the Minnesota State Register a final rule regarding per- and polyfluoroalkyl substances (PFAS) in products reporting and fees. MPCA revised the proposed rule to correct defects identified by an August 2025 administrative law judge’s (ALJ) report. MPCA also made other non-substantial changes. Under the final rule, manufacturers of products containing intentionally added PFAS are required to report certain...

Beginning July 1, 2026, Connecticut will require that certain consumer products containing intentionally added per- and polyfluoroalkyl substances (PFAS) be labeled. The products subject to the labeling requirement include apparel; carpets or rugs; cleaning products; cookware; cosmetic products; dental floss; fabric treatments; juvenile products; menstruation products; textile furnishings; ski wax; or upholstered furniture. Under an order that took effect December 1, 2025, the following phrases...

Headlines regarding the U.S. Environmental Protection Agency’s (EPA) most recent proposed update to the one-time per- and polyfluoroalkyl substances (PFAS) reporting rule under Toxic Substances Control Act (TSCA) Section 8(a)(7) have been dominated by the rule’s new exemptions and the significant narrowing of responsibility and burden that industry stakeholders will face if the rule becomes final. But, buried in the preambular text -- Unit III.A.2 to be precise -- are a few paragraphs that...

On November 14, 2025, the U.S. Environmental Protection Agency (EPA) further postponed the effective date of the Toxic Substances Control Act (TSCA) Section 6(g) exemption requirements in the final risk management rule for tricholoroethylene (TCE) until February 17, 2026. 90 Fed. Reg. 51027. According to EPA’s November 13, 2025, press release, “[t]his will ensure that the timing of EPA’s administrative stay aligns with the court’s timeframe for this action.” EPA’s December 17, 2024,...

On November 19, 2025, the U.S. Senate Committee on Environment and Public Works will hold a hearing examining per-and polyfluoroalkyl substance (PFAS) cleanup and disposal policy. The Committee is scheduled to hear from the following witnesses: Eric Gerstenberg, Co-Chief Executive Officer, Clean Harbor; Leah Pilconis, General Counsel, Associated General Contractors of America; and Kate R. Bowers, Supervisory Attorney, Congressional Research Service.

On November 10, 2025, the U.S. Environmental Protection Agency (EPA) announced that it is rescheduling the November 18, 2025, preparatory meeting for the Science Advisory Committee on Chemicals (SACC). The meeting to consider the scope and clarity of the draft charge questions for SACC’s peer review of EPA’s draft risk evaluation for octamethylcyclotetrasiloxane (D4) will now be held virtually on December 1, 2025. Registration for the meeting is open. To present oral comments during the...

The U.S. Environmental Protection Agency (EPA) announced on November 10, 2025, that it will publish a final rule extending the compliance date for laboratories using methylene chloride to ensure long-term compliance with the requirements of the May 2024 final risk management rule. According to EPA, the final rule will extend the Workplace Chemical Protection Program (WCPP) compliance dates for non-federal laboratories by an additional 18 months, aligning them with the dates required for federal...

On October 29, 2025, Public Employees for Environmental Responsibility (PEER) announced that it filed an Information Quality Act (IQA) request with the U.S. Environmental Protection Agency (EPA) regarding statements on EPA’s website that perfluorooctanoic acid (PFOA) has been phased out of domestic production. According to PEER, two EPA publications on its website contain erroneous information about PFOA: “EPA Questions and Answers About TSCA,” Q8 states: “[Is] … perfluorooctanoic acid...

The New Mexico Environment Department (NMED) has posted frequently asked questions (FAQ) regarding New Mexico’s Per- and Polyfluoroalkyl Substances (PFAS) Protection Act labeling requirements. As reported in our October 15, 2025, memorandum, NMED petitioned New Mexico’s Environmental Improvement Board (EIB) to adopt a proposed rule to implement the PFAS Protection Act, including labeling requirements, and EIB voted to proceed with the rulemaking during its October 24, 2025, meeting....

On October 29, 2025, the Senate Committee on Environment and Public Works favorably reported several nominations, including Jeffrey Hall to be an Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA) at the U.S. Environmental Protection Agency (EPA) and Douglas Troutman to be Assistant Administrator for Toxic Substances at EPA, each by a vote of ten to nine along party lines. The Committee considered Hall’s nomination during a July 23, 2025, hearing, during...

On October 23, 2025, the Environment and Public Works Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight Subcommittee will hold a hearing on “Examining the Beneficial Use and Regulation of Chemicals.” The Committee is scheduled to hear from the following witnesses: Peter Huntsman, President and Chief Executive Officer (CEO), Huntsman Corporation; Dr. Gwen Gross, Senior Technical Fellow, The Boeing Company; and Dr. Tracey Woodruff, Professor and Director,...

Bergeson & Campbell, P.C. (B&C®), The Acta Group (Acta®), and B&C® Consortia Management, L.L.C. (BCCM) are pleased to present “Phthalate Risk Evaluation under TSCA and the Potential Impacts to the Plastics Industry,” on October 30, 2025, from 11:00 a.m. - 12:00 p.m. (EDT). This complimentary webinar will explore the background and current status of the U.S. Environmental Protection Agency’s (EPA) precedent-setting review of seven phthalates under Toxic Substances Control Act...

The U.S. Environmental Protection Agency (EPA) announced on October 9, 2025, that it is beginning a 30-day comment period on its 2024 final risk management rule for carbon tetrachloride (CTC). 90 Fed. Reg. 48203. As reported in our January 13, 2025, memorandum, EPA published the final rule on December 11, 2024. After the final rule was published, several legal challenges were filed and then consolidated in the U.S. Court of Appeals for the Eighth Circuit. EPA states that it “has since...