On August 25, 2025, the New York State Department of Environmental Conservation (NYS DEC) will hold a pre-rulemaking stakeholder meeting on its implementation of the prohibitions on per- and polyfluoroalkyl substances (PFAS) in apparel. NYS DEC will present an overview of the enacted law, codified at Section 37-0121 of the Environmental Conservation Law, and discuss the conceptual framework for regulating PFAS in apparel that it is considering for the rulemaking. NYS DEC notes that this will be...
The U.S. Environmental Protection Agency (EPA) announced on August 11, 2025, the results of process improvements to accelerate the review of Low Volume Exemptions (LVE) in the Toxic Substances Control Act (TSCA) New Chemicals Program. At the end of March 2025, EPA identified 79 LVEs waiting for review and established a dedicated team of risk assessors. EPA states that it completed the risk assessments and made preliminary decisions for all 79 cases during April and May 2025. According to EPA, 80...
On August 4, 2025, the Internal Revenue Service (IRS) published a notice of determinations that modifies the list of taxable substances to include the following 21 substances: polyphenylene sulfide, cellulose acetate (degree of substitution = 1.5-2.0), 4,4′-isopropylidenediphenol-epichlorohydrin copolymer, nylon 6, caprolactam, methyl ethyl ketoxime, iso-butanol, diethylene glycol monomethyl ether, ethylene glycol phenyl ether, methoxytriglycol, propylene glycol methyl ether acetate, propylene...
August 8, 2025
Trump EPA Seeks Reversal of Ruling That Typical Levels of Drinking Water Fluoridation Present an Unreasonable Risk to Health
As reported in our February 13, 2025, blog item, on January 17, 2025, the Biden U.S. Environmental Protection Agency (EPA) filed a notice of appeal of the September 2024 lower court decision finding that the plaintiffs established by a preponderance of the evidence that the levels of fluoride typical in drinking water in the United States pose an unreasonable risk of injury to the health of the public. Food & Water Watch v. EPA (No. 25-384). At that time, it was unknown how the Trump EPA...
On August 4, 2025, the U.S. Environmental Protection Agency (EPA) submitted to the Office of Management and Budget (OMB) a proposed rule entitled “Further Reconsideration of Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA).” As reported in our March 14, 2025, memorandum, on March 10, 2025, EPA announced its intent to reconsider the May 2024 rule amending the procedural framework rule for conducting TSCA risk evaluations. According to EPA’s March 10,...
On July 30, 2025, President Trump sent to the U.S. Senate Committee on Environment and Public Works (EPW) the nomination of Mr. Douglas Troutman to be Assistant Administrator for the Office of Chemical Safety and Pollution Prevention (OCSPP) at the U.S. Environmental Protection Agency (EPA). This position is the senior political position responsible for the regulation of pesticides and industrial chemicals under the authority of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and...
The U.S. Environmental Protection Agency (EPA) announced on July 30, 2025, that it seeks public comment to inform its reconsideration of the Toxic Substances Control Act (TSCA) regulation for perchloroethylene (PCE). 90 Fed. Reg. 35858. EPA notes that as promulgated in December 2024, the PCE risk management rule addresses the unreasonable risk of injury to health presented by PCE under its conditions of use (COU) by requiring various workplace exposure controls, prohibiting certain industrial...
On July 23, 2025, Safer States published its takeaways from the 2025 legislative session on toxic chemicals and plastics. According to Safer States, in 2025, ten states have adopted at least 22 policies intended to reduce exposure to toxic chemicals and advance safer solutions. Safer States notes the following trends from the 2025 legislative sessions: States are leading the charge to prevent exposure to per- and polyfluoroalkyl substances (PFAS), toxic plastics, and other harmful chemicals....
The Maine Department of Environmental Protection (MDEP) began a public consultation on July 30, 2025, on a proposed amendment to Chapter 90: Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS). The proposed amendment would add two designations for currently unavoidable uses (CUU) of intentionally added PFAS in cleaning products subject to sales prohibition beginning January 1, 2026. According to the fact sheet, MDEP “held discussions with the Minnesota Pollution Control...
July 29, 2025
EPA Releases Memorandum Providing Additional Context on Occupational Exposure Data for DEHP
The U.S. Environmental Protection Agency (EPA) announced on July 28, 2025, the release of a memorandum with additional context on occupational exposure data for di(2-ethylhexyl) phthalate (DEHP). According to EPA, the memorandum provides clarifying information on the draft DEHP risk assessment by providing a calculation of the number of workers and occupational non-users (ONU) exposed to DEHP for each Occupational Exposure Scenario (OES) identified in the draft risk evaluation. EPA states that...