December 21, 2022

EPA Finds PCE, NMP, and 1-BP, as Whole Chemical Substances, Pose Unreasonable Risks to Human Health

The U.S. Environmental Protection Agency (EPA) announced on December 14, 2022, the availability of the final revision to the risk determination for the perchloroethylene (PCE) risk evaluation issued under the Toxic Substances Control Act (TSCA). 87 Fed. Reg. 76481. EPA determined that PCE, as a whole chemical substance, presents an unreasonable risk of injury to human health when evaluated under its conditions of use (COU). On December 19, 2022, EPA announced the availability of the final...
December 16, 2022

FTC Seeks Public Comment on Potential Updates to the Green Guides, Will Begin 60-Day Comment Period in January 2023

The Federal Trade Commission (FTC) announced on December 14, 2022, that it is seeking public comment on potential updates and changes to the Guides for the Use of Environmental Marketing Claims (Green Guides). FTC intends the Green Guides to help marketers avoid making environmental marketing claims that are unfair or deceptive under Section 5 of the FTC Act. FTC states that it seeks to update the Green Guides “based on increasing consumer interest in buying environmentally...
December 12, 2022

PHMSA Publishes First Set of FAQs Specific to HMR Applicability, Will Address Incident Reporting Requirements Next

On December 9, 2022, the U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice responding to comments received on its initiative to convert historical letters of interpretation (LOI) applicable to the Hazardous Materials Regulations (HMR) that have been issued to specific stakeholders into broadly applicable frequently asked questions (FAQ). 87 Fed. Reg. 75694. PHMSA also issued the first set of FAQs in final and...
December 7, 2022

EPA Proposes to Add PFAS Subject to TRI Reporting to List of Chemicals of Special Concern

The U.S. Environmental Protection Agency (EPA) proposed on December 5, 2022, to add per- and polyfluoroalkyl substances (PFAS) subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) pursuant to the National Defense Authorization Act for Fiscal Year 2020 (NDAA) to the list of Lower Thresholds for Chemicals of Special Concern (chemicals of special concern). 87 Fed. Reg. 74379. EPA notes that these PFAS already have a...
December 6, 2022

European General Court Annuls Harmonized Classification and Labeling of Titanium Dioxide

On November 23, 2022, the Court of Justice of the European Union (EU) announced a decision of the General Court that annuls the 2019 harmonized classification and labeling of titanium dioxide as a carcinogenic substance by inhalation in certain powder forms. According to the press release, the European Commission (EC) “made a manifest error in its assessment of the reliability and acceptability of the study on which the classification was based and, second, it infringed the criterion...
November 29, 2022

EPA Seeks Comment on Initial Regulatory Flexibility Analysis on Proposed PFAS Reporting Rule

On November 25, 2022, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited comment on an Initial Regulatory Flexibility Analysis (IRFA) and Updated Economic Analysis following the completion of a Small Business Advocacy Review (SBAR) Panel for the Toxic Substances Control Act (TSCA) proposed rule for reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). 87 Fed. Reg. 72439. EPA states that it seeks...
November 23, 2022

EPA Holds First Webinar on Approach for Reviewing MMOs, Including New and Modified CAMs

On November 17, 2022, the U.S. Environmental Protection Agency (EPA) held the first of a two-part webinar series on EPA’s new standardized process to assess risk and apply mitigation measures, as appropriate, for mixed metal oxides (MMO), including new and modified cathode active materials (CAM). Under the Toxic Substances Control Act (TSCA), EPA reviews new chemical substances before they enter the marketplace to ensure they do not present unreasonable risk to human health or the...
November 18, 2022

EPA Issues SNPRM Modifying and Supplementing 2021 Proposed TSCA Fees Rule

On November 16, 2022, the U.S. Environmental Protection Agency (EPA) published a much-anticipated supplemental notice of proposed rulemaking (SNPRM) to modify and supplement its 2021 proposed rule that would amend the 2018 Toxic Substances Control Act (TSCA) fees rule. 87 Fed. Reg. 68647. EPA states that “[w]ith over five years of experience administering the TSCA amendments of 2016, EPA is publishing this document to ensure that the fees charged accurately reflect the level of effort and...
November 11, 2022

EPA Finds Methylene Chloride, as a Whole Chemical Substance, Presents an Unreasonable Risk to Human Health

The U.S. Environmental Protection Agency (EPA) announced on November 10, 2022, the availability of the final revision to the risk determination for the methylene chloride risk evaluation issued under the Toxic Substances Control Act (TSCA). 87 Fed .Reg. 67901. EPA states that the revision to the methylene chloride risk determination reflects its announced policy changes to ensure the public is protected from unreasonable risks from chemicals in a way that is supported by science...
November 8, 2022

EPA Provides Report to Congress on Its Capacity to Implement Certain Provisions of the Lautenberg Act

The U.S. Environmental Protection Agency (EPA) has provided a report to Congress on its capacity to implement certain provisions of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act). The report provides point-in-time estimates of EPA’s current estimated capacity and resources needed to implement the 2016 Lautenberg Act amendments to the Toxic Substances Control Act (TSCA). TSCA Section 26(m) requires EPA to submit an initial report to Congress within...