TSCAblog®

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...

According to the Office of Management and Budget (OMB) website, on August 29, 2025, the U.S. Environmental Protection Agency (EPA) submitted a proposed rule entitled “Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Data Reporting and Recordkeeping under the Toxic Substances Control Act (TSCA); Revision to Regulation” to OMB for review. Because the proposed rule has not been published in a Unified Agenda, no summary is available. When EPA postponed the reporting period from July 11,...

On August 13, 2025, Public Employees for Environmental Responsibility (PEER) announced that it petitioned the Make America Healthy Again (MAHA) Commission to remove per- and polyfluoroalkyl substances (PFAS) from the food chain. PEER notes that its petition highlights three human exposure pathways it asks the MAHA Commission to address: Biosolid fertilizers made from sewage sludge contain high levels of PFAS. According to PEER, nearly 20 percent of U.S. agricultural land is estimated to use...

Bergeson & Campbell, P.C. (B&C®) is pleased to announce publication of the 2025 edition of Guide to the Toxic Substances Control Act (TSCA), LexisNexis (Guide to TSCA). Guide to TSCA is the definitive comprehensive treatise on TSCA, written for lawyers, regulatory affairs specialists, and commercial and business people who need to understand the details of this law. The 2025 edition of Guide to TSCA was thoroughly updated, revised, and expanded by the lawyers, scientists, and regulatory...

On August 20, 2025, the U.S. Environmental Protection Agency (EPA) extended the postponement of the effectiveness of certain regulatory provisions of the final Toxic Substances Control Act (TSCA) risk management rule for trichloroethylene (TCE) to November 17, 2025. 90 Fed. Reg. 40534. EPA is postponing certain requirements most recently postponed in June 2025. EPA notes that these requirements relate only to the TSCA Section 6(g) exemptions in the final TCE rule. As reported in our April 15,...

The U.S. Government Accountability Office (GAO) announced on August 14, 2025, a WatchBlog item entitled “EPA’s New Chemicals Program Could Improve Safety If Better Managed” that examines GAO’s January 2025 report on the U.S. Environmental Protection Agency’s (EPA) New Chemicals Program (NCP). According to GAO, EPA assesses new chemicals using a 13-step process that includes an eco hazard review, a human health hazard review, and several other risks assessments. In its January 2025...