January 13, 2025

EPA Issues Final Risk Management Rules for Trichloroethylene, Perchloroethylene, and Carbon Tetrachloride

The U.S. Environmental Protection Agency (EPA) released final risk management rules under the Toxic Substances Control Act (TSCA) for trichloroethylene (TCE) and perchloroethylene (PCE) on December 9, 2024, and for carbon tetrachloride (CTC) on December 11, 2024. EPA states that all uses of TCE will be banned over time, with “the vast majority of identified risks eliminated within one year,” and safer alternatives readily available for the majority of uses. The PCE rule will ban manufacture,...
January 13, 2025

EPA Adds Nine PFAS to Toxics Release Inventory for Reporting Year 2025

The U.S. Environmental Protection Agency (EPA) announced on January 6, 2025, that it is updating the list of chemicals subject to toxic chemical release reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). 90 Fed. Reg. 573. Specifically, the final rule updates the regulations to identify nine per- and polyfluoroalkyl substances (PFAS) that must be reported pursuant to the National Defense Authorization Act for Fiscal Year 2020...
January 10, 2025

Senate Committee Hearing on Nomination of Lee Zeldin to Be Administrator of U.S. Environmental Protection Agency Scheduled for January 16, 2025, at 10:00 a.m.

Senator Shelly Moore Capito (R-WV), Chair of the Senate Committee on Environment and Public Works (EPW), has scheduled a hearing on the Nomination of Lee Zeldin to be Administrator of the Environmental Protection Agency (EPA) for Thursday, January 16, at 10:00 a.m. The hearing will be held in room 406 of the Senate Dirksen Office Building and will be viewable by webcast as well. It will be interesting to hear what Mr. Zeldin shares about his priorities as EPA Administrator and how the Trump...
January 10, 2025

EPA Further Extends Review Period for CBI Claims for the Identity of Chemicals on the TSCA Inventory

On January 6, 2025, the U.S. Environmental Protection Agency (EPA) announced the extension of the review period for confidential business information (CBI) claims for specific identities of all active chemical substances listed on the confidential portion of the Toxic Substances Control Act (TSCA) Inventory submitted to EPA under TSCA. 90 Fed. Reg. 645. As reported in our February 7, 2024, blog item, EPA previously extended the review period by one year, to February 19, 2025. According to EPA,...
January 10, 2025

Lynn L. Bergeson, Compliance Advisor: What to Expect from EPA in 2025, Chemical Processing, January 10, 2025.

Much speculation is growing about what to expect from the U.S. Environmental Protection Agency (EPA) in 2025 under the Trump administration. Donald Trump’s presidential campaign focused on downsizing the federal government, especially the EPA. The first Trump administration tried hard to cut the agency’s workforce and funding while working to decrease regulations it viewed as burdensome.  The new administration will likely follow a similar path, taking significant steps to roll back...
January 8, 2025

EPA Proposes Partial Waiver of 2024 Cellulosic Biofuel Volume Requirement and Extension of 2024 Compliance Deadline

The U.S. Environmental Protection Agency (EPA) published a proposed rule on December 12, 2024, that would partially waive the 2024 cellulosic biofuel volume requirement and revise the associated percentage standard under the Renewable Fuel Standard (RFS) program due to a shortfall in cellulosic biofuel production. 89 Fed. Reg. 100442. As a result of this proposed change, EPA proposes to extend the RFS compliance reporting deadline for the 2024 compliance year. According to the proposed rule, EPA...
January 7, 2025

Appellate Court Vacates Requirement that Downstream Entities Reporting by Non-Confidential Accession Number Assert CBI Claims

On December 20, 2024, the U.S. Court of Appeals for the District of Columbia Circuit denied the Environmental Defense Fund’s (EDF) petition and granted the American Chemistry Council (ACC) and American Fuel and Petrochemical Manufacturers’ (AFPM) petition for review of the U.S. Environmental Protection Agency’s (EPA) final rule updating the requirements concerning the assertion and treatment of confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA)....
January 7, 2025

United States Prevails in USMCA Dispute on Genetically Engineered Corn

The U.S. Department of Agriculture (USDA) announced on December 20, 2024, that the United States prevailed in its dispute under the United States-Mexico-Canada Agreement (USMCA) challenging certain Mexican biotechnology measures concerning genetically engineered (GE) corn. Under a February 2023 presidential decree, Mexico banned immediately the use of GE corn in dough and tortillas and instructed government agencies to eliminate gradually the use of GE corn for other food uses and in animal...
January 6, 2025

The 119th Congress — Day 1 — A Tale of Two Legislative Bodies and the Beginning of a Busy Year

The opening hours of the 119th Congress provided an interesting look at the two bodies of Congress, the United States House of Representatives (House) and the United States Senate (Senate), and offered a glimpse of what to expect from the leaders of those bodies during the next two years. While Republicans control the House and the Senate, their slim majorities will present challenges in legislating during the 119th Congress. In the House, it will take only a handful of Republican defections to...
January 6, 2025

2025 Forecast for U.S. Federal and International Chemical Regulatory Policy

Bergeson & Campbell, P.C. (B&C®), its global consulting affiliate The Acta Group (Acta®), and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are pleased to share with you our 2025 Forecast. For all the reasons you might imagine, our seasoned team was especially challenged this year in speculating on what to expect in 2025 regarding global industrial, agricultural, and biocidal chemical regulatory and policy initiatives. Given the European Parliamentary...