TSCAblog®

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...

On August 13, 2025, the U.S. Environmental Protection Agency (EPA) announced the relaunch of EPA’s Guidance Portal, “a streamlined website for accessing important guidance documents related to air quality, water protection, hazardous waste management, and more.” According to EPA, the website serves as a resource for all guidance documents managed across EPA's headquarters environmental programs. EPA designed the website to be a “one-stop shop to help users and small businesses easily and...

On August 11, 2025, the U.S. District Court for the District of Minnesota granted the Minnesota Pollution Control Agency’s (MPCA) motion to dismiss the Cookware Sustainability Alliance’s (CSA) suit for failure to state a claim. CSA v. Kessler (No. 0:25-cv-00041). As reported in our January 14, 2025, blog item, CSA filed suit in January 2025, claiming that Minnesota’s January 1, 2025, ban on the sale of cookware containing intentionally added per- and polyfluoroalkyl substances (PFAS)...

The U.S. Environmental Protection Agency (EPA) announced on August 6, 2025, the availability of the draft Toxic Substances Control Act (TSCA) risk evaluations for the phthalates butyl benzyl phthalate (BBP) and diisobutyl phthalate (DIBP) for public comment. 90 Fed. Reg. 37855. According to EPA, the purpose of TSCA risk evaluations is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use (COU), including...

The U.S. Environmental Protection Agency (EPA) announced on August 8, 2025, that it seeks self-nominations from small businesses, governments, and not-for-profits to participate as Small Entity Representatives (SER) providing advice and recommendations for two separate Small Business Advocacy Review (SBAR) Panels. One SBAR Panel will focus on EPA’s development of a proposed rule to address unreasonable risk identified in the Toxic Substances Control Act (TSCA) risk evaluation for asbestos part...

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...

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...