TSCAblog®

The House Committee on Oversight and Accountability will hold a full committee hearing on July 10, 2024, on “Oversight of the U.S. Environmental Protection Agency.” According to the Committee’s July 3, 2024, press release, “[t]he hearing will conduct oversight and gather information from U.S. Environmental Protection Agency (EPA) Administrator Michael Regan on the Biden Administration’s push of excessive environmental regulations and abuse of environmental protection authorities.”...

The U.S. Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) is hosting the fully virtual 2024 Chemical Security Seminars on July 11 and 18, 2024, from 10:00 a.m. – 3:00 p.m. (EDT). The sessions will cover a range of topics related to the security of dangerous chemicals. The preliminary agenda includes: The seminars are free to attend and open to the public....

As reported in our July 27, 2023, memorandum, in July 2023, the U.S. Environmental Protection Agency (EPA) proposed an expansion of the Safer Choice and Design for the Environment (DfE) programs to include certification of additional product categories. According to EPA’s website, “EPA thanks the many commenters for their input. EPA reviewed the comments and understands several categories are of interest to stakeholders and Safer Choice partners. With the 2024 decrease in EPA’s funding,...

The Minnesota Department of Health (MDH) recently noted that Health Risk Assessment scientists at MDH have published two articles in the Journal of Environmental Exposure Assessment related to per- and polyfluoroalkyl substances (PFAS): MDH notes that the work was supported by the Clean Water Fund, funded by the 2008 Clean Water, Land and Legacy Amendment....

Bergeson & Campbell, P.C.’s (B&C®) June 18, 2024, webinar, “There Is More to TSCA Reporting Than CDR: TSCA Sections 8(a), (c), (d), and (e),” is now available for on-demand viewing. During this one-hour webinar Dave Turk, Supervisor for the Toxics Release Inventory (TRI) Regulatory and Policy Branch, U.S. Environmental Protection Agency (EPA) Office of Pollution Prevention and Toxics (OPPT); Stephanie Griffin, Acting Supervisor of the Data Collection Branch, EPA...

During the June 26, 2024, “TSCA Reform — Eight Years Later” conference, presented by Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute, (ELI), and the George Washington University Milken Institute School of Public Health, Michal Ilana Freedhoff, Ph.D., Assistant Administrator, Office of Chemical Safety and Pollution Prevention, U.S. Environmental Protection Agency (EPA) provided the keynote address. During her remarks, Freedhoff announced four new initiatives...

The Minnesota Pollution Control Agency (MPCA) will hold two public webinars in July to provide updates and answer questions on Minnesota’s per- and polyfluoroalkyl substances (PFAS) in products law (Amara’s Law), which takes effect in stages between 2025 and 2032: As reported in our January 12, 2024, blog item, MPCA published a request for comments (RFC) on planned new rules governing CUU determinations for products containing PFAS. According to the RFC, the main purpose of...

The U.S. Environmental Protection Agency (EPA) announced on June 13, 2024, the change in the peer review mechanism from the letter peer review to a Science Advisory Committee on Chemicals (SACC) peer review; the addition of the draft human health hazard assessment for 1,2-dichloroethane for peer review; and the availability of and solicitation of comment on the list of candidates under consideration for selection as ad hoc peer reviewers that will assist SACC with its...

TSCA Reform — Eight Years LaterJune 26, 2024, 8:00 a.m. – 4:30 p.m. (EDT) In person at George Washington University Milken Institute School of Public Health, Washington, D.C.,and virtually via livestream Register now to attend in person or virtually the complimentary “TSCA Reform — Eight Years Later” conference, presented by Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of...

On June 10, 2024, the U.S. Court of Appeals for the Fourth Circuit affirmed the U.S. District Court for the Eastern District of North Carolina’s decision to dismiss a case challenging the U.S. Environmental Protection Agency’s (EPA) response to a petition seeking a test order for 54 per- and polyfluoroalkyl substances (PFAS) for lack of jurisdiction. CEH v. EPA, No. 23-1476. The district court granted EPA’s motion to dismiss, finding that EPA granted the petition...

Register now to join Dave Turk, Supervisor for the Toxics Release Inventory (TRI) Regulatory and Policy Branch, EPA Office of Pollution Prevention and Toxics (OPPT); Stephanie Griffin, Acting Supervisor of the Data Collection Branch, EPA OPPT; Richard E. Engler, Ph.D., Director of Chemistry, B&C; and Lynn L. Bergeson, Managing Partner, B&C, for “There Is More to TSCA Reporting Than CDR: TSCA Sections 8(a), (c), (d), and (e).” The U.S. Environmental Protection Agency (EPA) has...

Cherokee Concerned Citizens watchers will be interested to know that on June 6, 2024, the U.S. Environmental Protection Agency (EPA) filed an unopposed motion in the U.S. Court of Appeals for the District of Columbia Circuit to extend the deadlines in Cherokee Concerned Citizens v. EPA, (No. 23-1096). As reported in our April 17, 2023, blog item, Cherokee Concerned Citizens filed suit in April 2023 seeking review of an Order for a New Chemical Substance...

On May 28, 2024, the U.S. Government Accountability Office (GAO) publicly released a report entitled Priority Open Recommendations: Environmental Protection Agency. According to the report, since GAO’s May 2023 letter, the U.S. Environmental Protection Agency (EPA) implemented four of GAO’s 15 open priority recommendations, including three recommendations related to assessing and controlling toxic chemicals: GAO’s report states that in April 2023, it issued its biennial update to its...

Please note that the date of this webinar has moved forward one day, from Wednesday, June 12, 2024, to Thursday, June 13, 2024, 11:00 a.m. – 12:00 p.m. (EDT). Register now to join Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) for “Sponsor’s Role in Regulatory Testing — Complying with GLP Standards,” a complimentary webinar covering the roles and responsibilities of Study Sponsors, as defined by Good Laboratory Practices (GLP) regulations and related advisory...

The Internal Revenue Service (IRS) published a notice of determination on May 31, 2024, that the list of taxable substances is modified to include polyoxymethylene. 89 Fed. Reg. 47238. As reported in our December 29, 2022, blog item, the IRS announced in December 2022 that it received a petition requesting the addition of polyoxymethylene to the list of taxable substances under Section 4672(a) of the Internal Revenue Code. Celanese Ltd., an exporter of polyoxymethylene, submitted...

The U.S. Environmental Protection Agency (EPA) announced on May 23, 2024, that it has updated the Toxic Substances Control Act (TSCA) Inventory. EPA states that this biannual update to the public TSCA Inventory is part of its regular posting of non-confidential TSCA Inventory data. EPA notes that this update coincides with the 2024 Chemical Data Reporting (CDR) cycle submission period beginning June 1, 2024. According to EPA, “[m]anufacturers (including importers) should refer to the latest...

On April 16, 2024, Governor Janet Mills (D) signed LD 1537, amending An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution. On May 20, 2024, the Maine Department of Environmental Protection (MDEP) updated its “PFAS in Products” web page to reflect the amendments, which include eliminating the general notification requirement that was scheduled to take effect January 1, 2025. The legislation also creates new sales prohibitions for products with intentionally added per- and...

On May 20, 2024, the Public Employees for Environmental Responsibility (PEER) announced that on May 17, 2024, they filed a notice of intent to sue (NOI) the U.S. Environmental Protection Agency (EPA) “to stop the manufacture and distribution of hundreds of millions of plastic containers with dangerous levels of a carcinogenic per-and polyfluoroalkyl substance (PFAS) called perfluorooctanoic acid (PFOA).” Filed with the Center for Environmental Health (CEH), the NOI states that EPA “has...

The U.S. Environmental Protection Agency (EPA) published a final rule on May 17, 2024, to update the list of chemicals subject to Toxics Release Inventory (TRI) reporting to include seven additional per- and polyfluoroalkyl substances (PFAS) for Reporting Year 2024(reporting forms due by July 1, 2025). 89 Fed. Reg. 43331. The Fiscal Year (FY) 2020 National Defense Authorization Act (NDAA) includes a provision that automatically adds PFAS to the TRI list upon EPA’s adoption of...

The Chemical Data Reporting (CDR) rule requires manufacturers (including importers) to report data to the U.S. Environmental Protection Agency (EPA) every four years. The 2024 submission period will begin June 1, 2024, and end September 30, 2024. On May 16, 2024, EPA announced the creation of CDR GuideME, a new resource portal, and improvements to the reporting tool to make the reporting process easier. Data that must be reported include information concerning the manufacturing, processing,...

Chemical Watch’s “TSCA Fundamentals” course, taught by Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), will provide in-depth training on the very latest Toxic Substances Control Act (TSCA) regulatory and policy developments, their impact, and how to anticipate their requirements, comply with the law, and remain commercially competitive. Chemical Watch will offer a 15% discount for B&C clients and friends. To redeem this discount, please...

The House Energy and Commerce Subcommittee on the Environment, Manufacturing, and Critical Materials held a hearing on May 7, 2024, on “EPA’s RMP Rule: Failures to Protect the American People and American Manufacturing.” The May 3, 2024, hearing memorandum states that the U.S. Environmental Protection Agency’s (EPA) March 11, 2024, final rule amending the Risk Management Program (RMP) “include[s] several changes to the accident prevention program requirements for natural hazards, power...

On April 18, 2024, Representative Betty McCollum (D-MN) announced that she and Senator Dick Durbin (D-IL) introduced the Forever Chemical Regulation and Accountability Act (H.R. 8074, S. 4187), “bicameral legislation to address the excessive use of per- and polyfluoroalkyl substances (PFAS) across the nation’s supply chain, which has led to the harmful compounds contaminating water sources, as well as surrounding environments and communities.” According to McCollum’s press release, the...

The U.S. Environmental Protection Agency (EPA) announced on May 8, 2024, that, in collaboration with the PETA Science Consortium International (PSCI), the Institute for In Vitro Sciences (IIVS), and the California Department of Pesticide Regulation (CDPR), on Wednesday, May 29, 2024, it will hold a webinar on the use of new approach methodologies (NAM).  The webinar, “Advancing Eye Irritation Assessment with Non-Animal Methods for Industrial Chemicals and Agrochemicals: Progress at the US...

The Physicians Committee for Responsible Medicine (PCRM) New Approach Methodologies (NAM) Use for Regulatory Application (NURA) program will hold a webinar on May 23, 2024, on “Validation, Qualification, and Regulatory Acceptance of New Approach Methodologies: An ICCVAM Report.” National Toxicology Program (NTP) Interagency Center for the Evaluation of Alternative Toxicological Methods (NICEATM) Director Dr. Nicole Kleinstreuer will present on the 2024 Interagency Coordinating Committee on...

The Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies will hold a hearing on May 1, 2024, to review President Biden’s fiscal year (FY) 2025 budget request for the U.S. Environmental Protection Agency (EPA). The Subcommittee will hear from EPA Administrator Michael S. Regan. As reported in our March 15, 2024, Monthly Federal Developments Memorandum, according to EPA’s March 11, 2024, statement on President Biden’s FY 2025 budget, the $11 billion proposed for...

The U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance (OECA) has posted an April 17, 2024, memorandum regarding “Strategic Civil-Criminal Enforcement Policy” from David M. Uhlmann, OECA Assistant Administrator. The Strategic Civil-Criminal Enforcement Policy sets forth requirements to ensure that EPA’s enforcement program maintains and strengthens the strategic partnership between civil and criminal enforcement. According to the Policy, to promote...

The House Appropriations Subcommittee on Interior, Environment, and Related Agencies will hold a hearing on April 30, 2024, on the fiscal year (FY) 2025 budget request for the U.S. Environmental Protection Agency (EPA). EPA Administrator Michael S. Regan will testify, and he will be accompanied by EPA Chief Financial Officer Faisal Amin. As reported in our March 15, 2024, Monthly Federal Developments Memorandum, according to EPA’s March 11, 2024, statement on President Biden’s FY 2025...

The U.S. Government Accountability Office (GAO) published a report on April 15, 2024, entitled “Persistent Chemicals: Navy Efforts to Address PFAS at Joint Base Pearl Harbor-Hickam.” GAO states that it was asked to examine the Department of Defense’s (DOD) efforts to address per- and polyfluoroalkyl substance (PFAS) contamination at Joint Base Pearl Harbor-Hickam. The report describes DOD’s response to a November 2022 aqueous film-forming foam (AFFF) release at the installation; DOD...

According to an April 16, 2024, request for information (RFI), as part of its ongoing commitment to advancing sustainable acquisition, the General Services Administration (GSA) is exploring opportunities to reduce or eliminate potential per- and polyfluoroalkyl substances (PFAS) “with the intent to reduce exposure from products offered to the Government through GSA’s contract solutions.” 89 Fed. Reg. 26887. GSA states that it is publishing the RFI to obtain comments “to help us...

The Public Employees for Environmental Responsibility (PEER) announced on April 11, 2024, that a coalition of public health groups filed a petition under Section 21 of the Toxic Substances Control Act (TSCA) seeking to stop immediately the manufacture and distribution of “hundreds of millions of plastic containers with dangerous levels of per- and polyfluoroalkyl substances (PFAS) that leach from these containers into household products and the environment.” The petition “demands that the...

The U.S. Environmental Protection Agency (EPA) announced on April 8, 2024, that it is directing government contractors to purchase cleaning products for federal buildings that are free of per- and polyfluoroalkyl substances (PFAS). This change is the result of a collaboration between EPA and the U.S. General Services Administration (GSA) to implement President Biden’s Federal Sustainability Plan, which directs federal agencies to prioritize the purchase of sustainable products and services,...

Register now to join Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) for “Harmonizing TSCA Consent Orders with OSHA HCS 2012,” a complimentary webinar covering case studies and practical applications of merging the requirements for consent order language on the Safety Data Sheet (SDS). Toxic Substances Control Act (TSCA) consent orders and Significant New Use Rules (SNUR) are issued under Section 5 for specific chemicals. These U.S. Environmental Protection Agency...

The U.S. Environmental Protection Agency (EPA) published on April 3, 2024, an advance notice of proposed rulemaking (ANPRM) regarding lead for wheel-balancing weights (lead wheel weights). 89 Fed. Reg. 22972. EPA requests comments and information to assist in the potential development of regulations for the manufacture (including importing), processing (including recycling), and distribution in commerce of lead for lead wheel weights under the Toxic Substances Control Act (TSCA). To inform this...

The U.S. Environmental Protection Agency (EPA) is scheduled to publish a notice on April 9, 2024, announcing its denial of the Washington Department of Ecology’s (WDOE) petition 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. EPA states that it “shares the petitioner’s concerns regarding risks to human health and the environment posed by PCBs, and the Agency...

The U.S. Environmental Protection Agency (EPA) provided notice of disclosure on April 2, 2024, to all potentially affected businesses under the Toxic Substances Control Act (TSCA) that submitted information to EPA pursuant to TSCA Section 5 that it will disclose information to the U.S. Government Accountability Office (GAO). 89 Fed. Reg 22713. According to the notice, GAO is initiating a review of EPA’s practices for managing and assessing the performance of EPA’s New Chemicals Review...

The Minnesota Pollution Control Agency (MPCA) announced on March 26, 2024, that it has published new information concerning per- and polyfluoroalkyl substances (PFAS) in products. This information includes: MPCA will publish details on other product categories in response to questions it has received....

On March 13, 2024, the U.S. Environmental Protection Agency (EPA) published notice of a proposed settlement agreement to address a petition for writ of mandamus filed by the Ecology Center, the Center for Environmental Health, United Parents Against Lead & Other Environmental Hazards, and the Sierra Club in the United States Court of Appeals for the Ninth Circuit (Ecology Center v. EPA, No. 23-70158 (9th Cir.)). 89 Fed. Reg. 18408. The petitioners filed a petition...

SAVE THE DATETSCA Reform – 8 Years LaterJune 26, 2024, 8:00 a.m. – 5:30 p.m. (EDT)George Washington University Milken Institute School of Public Health, Washington, D.C., and via livestream Save the date to join Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health for a day-long conference reflecting on the challenges and accomplishments since the implementation of the 2016...

The Senate Committee on Environment and Public Works will hold a hearing on March 20, 2024, on “Examining PFAS as Hazardous Substances.” The scheduled witnesses include:...

The U.S. Environmental Protection Agency (EPA) announced on March 6, 2024, a settlement requiring Haifa North America, Inc. (Haifa) to pay a civil penalty of $664,267 “for violations of chemical data reporting regulations under the Toxic Substances Control Act (TSCA).” EPA states that it alleged that Haifa failed to submit a data report required under TSCA for 32 chemical substances that Haifa had imported between 2016 and 2019. According to EPA, Haifa imports “various chemicals...

On February 29, 2024, the U.S. Environmental Protection Agency (EPA) requested public nominations of scientific and technical experts for service as ad hoc reviewers assisting the Science Advisory Committee on Chemicals (SACC) with the peer review of the Agency’s evaluation of the risks from di-isodecyl phthalate (DIDP) and di-isononyl phthalate (DINP) being conducted to inform risk management decisions under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 14836. EPA states that it is...

The U.S. Food and Drug Administration (FDA) issued a Constituent Update on March 4, 2024, that updates its “List of Select Chemicals in the Food Supply Under FDA Review.” FDA states that the intent of this update is “…to provide more insight on the status of the FDA’s post-market assessments of chemicals in the food supply.” The information posted today includes many chemicals that FDA has been actively engaged in reviewing for the past several...

The U.S. Environmental Protection Agency (EPA) announced on February 28, 2024, that it is seeking public comment on the candidates under consideration for selection as ad hoc peer reviewers to assist the Science Advisory Committee on Chemicals (SACC) with its peer review of the Agency’s evaluation of the risks from formaldehyde being conducted to inform risk management decisions under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 14648. The SACC peer review will take...

On March 1, 2024, the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) announced a new webinar series, “Pollution Prevention in Action.” On the second Wednesday of the month, Jennie Romer, EPA Deputy Assistant Administrator for Pollution Prevention, will host webinars featuring businesses, Pollution Prevention grantees, and other experts about innovations and successes in implementing source reduction strategies to advance...

The Internal Revenue Service (IRS) announced on February 27, 2024, that it received a petition requested that iso-butanol (also known as isobutanol, iso butyl alcohol, 2-methyl propan-1-ol, or 2-methyl-1-propanol) be added to the list of taxable substances under Section 4672(a) of the Internal Revenue Code. 89 Fed. Reg. 14558. OQ Chemicals Corporation, an exporter of iso-butanol, filed the petition. The notice states: According to the petition, iso-butanol is an isomer of n-butanol. Iso-butanol...

The Environmental Defense Fund (EDF) published a blog item on February 22, 2024, announcing its Chemical Exposure Action Map, a tool “designed to spur the Environmental Protection Agency (EPA) to transform the assessment of risks posed by toxic chemicals in our communities.” EDF states that the map focuses on multiple high-priority chemicals, highlighting the potential for cumulative risks. EDF notes that when conducting risk assessments under the Toxic Substances Control Act (TSCA), EPA...

Beginning January 1, 2030, any product containing intentionally added per- and polyfluoroalkyl substances (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). MDEP is currently accepting requests for proposals from those seeking CUU determinations. Manufacturers may submit proposals individually or collectively. MDEP notes that these determinations will be...

The Internal Revenue Service (IRS) announced on February 22, 2024, that it received petitions requesting that caprolactam (89 Fed. Reg. 13400) and nylon 6 (89 Fed. Reg. 13399) be added to the list of taxable substances under Section 4672(a) of the Internal Revenue Code. AdvanSix Inc., an exporter of caprolactam and nylon 6, filed the petitions. The notice for caprolactam states: According to the petition, caprolactam, a white solid, is primarily used to manufacture nylon...

The U.S. Environmental Protection Agency (EPA) announced on February 20, 2024, that it has released the latest Toxic Substances Control Act (TSCA) Inventory. According to EPA, “[t]his biannual update to the public TSCA Inventory is part of EPA’s regular posting of non-confidential TSCA Inventory data.” EPA plans the next regular update of the Inventory for summer 2024. EPA states that the TSCA Inventory contains 86,741 chemicals of which 42,293 are active in U.S commerce. EPA...