Register Now For “Regulation Without Borders: The EUDR and the New Era of Global Due Diligence,” August 5, 2025, 10:00 a.m. – 11:15 a.m. (EDT): Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®); EPPA; and Preferred by Nature (PBN) are pleased to present “Regulation Without Borders: The EUDR and the New Era of Global Due Diligence,” a complimentary webinar providing a detailed exploration of the European Union Deforestation Regulation (EUDR) and how it applies to manufacturers, suppliers, operators, traders, processors, and exporters or importers. During this webinar, Diana Borcea, Senior Account Manager, EPPA; Jennifer Mleczko, Senior Manager Tailored Services, PBN; and L. Claire Hansen, Regulatory Analyst, Acta, will discuss the current state of EUDR implementation in the United States and European Union (EU), as well as the real world consequences to businesses that are not compliant, and case studies demonstrating how to determine if you fall within the scope of this regulation.
Bergeson & Campbell, P.C. And LexisNexis Publish 2025 Edition Of Guide to the Toxic Substances Control Act (TSCA): B&C is pleased to announce publication of the 2025 edition of Guide to the Toxic Substances Control Act (TSCA), LexisNexis (Guide to TSCA). Authored by members of B&C’s renowned TSCA practice group, including Lynn L. Bergeson, Heather J. Blankinship, Lisa R. Burchi, Richard E. Engler, Ph.D., Kelly N. Garson, Lara A. Hall, RQAP-GLP, and Carla N. Hutton, the 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.
TSCA/FIFRA/TRI
EPA Appoints Former ASA Government Affairs Director As OCSPP DAA For Pesticides: Mr. Kyle Kunkler has been appointed the Deputy Assistant Administrator (DAA) for Pesticides at the U.S. Environmental Protection Agency (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). Since February 2020, Kunkler has been directing government affairs for the American Soybean Association (ASA) in Washington, D.C., with a focus on the biotech and crop protection portfolio. Kunkler, before joining ASA, spent three years with the Biotechnology Innovation Organization (BIO), managing federal government affairs on food, agriculture, energy, and environmental policy. Previously, he served on the legislative teams for Representative Dan Newhouse (R-WA) and former Representative Cathy McMorris Rodgers (R-OR), as well as with the National Association of Insurance and Financial Advisors. More information on Mr. Kunkler’s background is available in our July 11, 2025, blog item.
PPG Withdraws TSCA Section 21 Petition To Amend Final TCE Risk Management Rule For Specialty Polymeric Microporous Sheet Materials Manufacturing: As reported in our May 13, 2025, blog item, on March 24, 2025, PPG Industries, Inc. (PPG) submitted a petition seeking an amendment to EPA’s December 2024 final risk management rule for trichloroethylene (TCE). PPG requested an amendment to the exemption for the industrial and commercial use of TCE as a processing aid for specialty polymeric microporous sheet materials manufacturing that would allow PPG to meet an interim existing chemical exposure limit (ECEL) of five parts per million (ppm) and an action level of 2.5 ppm. According to EPA’s June 11, 2025, letter, PPG withdrew its petition on June 11, 2025, and EPA now considers the petition closed.
EPA Announces Availability Of Updated Interim Maps Developed Under Its Endangered Species Protection Program: On June 12, 2025, EPA announced the availability of updated refined interim core maps that identify areas that EPA states are important to 12 threatened or endangered (listed) species and their critical habitats as designated by the U.S. Fish and Wildlife Service (FWS). These refined interim maps are based on information developed by FWS and were developed by EPA’s Office of Pesticide Programs (OPP), the Center for Biological Diversity (CBD), and Compliance Services International (CSI). The maps identify areas where listed species are likely to be located and areas where they are not, thus attempting to ensure that measures to protect listed species are only required in the areas where listed species are located. According to EPA, releasing these maps is “another important step to reduce potential impacts to farmers while continuing to protect endangered species.” EPA states these maps will be used for developing pesticide use limitation areas (PULA), which EPA notes will allow it to protect listed species from the use of pesticides through geographically specific mitigations. For more information on these maps, please read our June 24, 2025, blog item.
EPA Releases Draft Charge Questions For SACC Meeting On Phthalates And Memorandum On Proposed Refinement For Estimating Dibutyl Phthalate (DBP) Skin Exposures: On June 16, 2025, EPA announced the release of the draft charge questions for discussion at the upcoming Science Advisory Committee on Chemicals (SACC) meeting to review all documents released thus far on the risk evaluations of five phthalates. EPA will hold the virtual public meeting of SACC on August 4-8, 2025, where the charge questions will guide the discussion. EPA will also hold a preparatory virtual public meeting on July 21, 2025, for SACC and the public to consider and ask questions regarding the scope and clarity of the draft charge questions. If the public would like their comments on the documents related to the phthalates to be considered by the SACC during the peer review meeting, they must be submitted by July 21, 2025. Registration for the meetings is available on the SACC website.
EPA Withdraws Motion To Hold Asbestos Case In Abeyance, Will Explore Using Guidance To Clarify Workplace Protection Requirements: As reported in our June 28, 2025, blog item, on June 16, 2025, EPA filed a motion with the U.S. Court of Appeals for the Fifth Circuit requesting that litigation over its 2024 final risk management rule regulating chrysotile asbestos under TSCA be held in abeyance for an additional six months. Texas Chemistry Council, et al. v. EPA, No. 24-60193. According to the filing, EPA intended to initiate a new notice-and-comment rulemaking to reconsider certain provisions of the final rule. On July 7, 2025, EPA filed a notice of withdrawal of its motion to hold the case in abeyance and requested that the court set an August 8, 2025, deadline for filing motions to govern further proceedings. EPA submitted a declaration from Lynn Ann Dekleva, Deputy Assistant Administrator for OCSPP, in support of its withdrawal of its motion to hold the case in abeyance. According to Dekleva, “EPA plans to explore whether guidance could provide further clarity to stakeholders as they implement the Rule, particularly with respect to any workplace protection measures.” As a result, EPA does not intend to conduct notice-and-comment rulemaking to evaluate potential changes to the final rule at this time.
EPA Extends Postponement Of Effective Date Of Certain Provisions Of TCE Risk Management Rule: On June 23, 2025, EPA extended the postponement of the effective date of certain regulatory provisions of its December 17, 2024, final risk management rule for TCE until August 19, 2025. 90 Fed. Reg. 26453. EPA states that, in light of the fact that the pending litigation is still ongoing and for the same reasons as set forth in April 2025, it “has determined that justice requires a 60-day extension of the postponement of the effective date (i.e., until August 19, 2025)” of the conditions for each of the TSCA Section 6(g) exemptions.
EPA Issues SNURs On Certain Chemical Substances: On June 23, 2025, EPA issued final significant new use rules (SNUR) under TSCA for certain chemical substances that were the subject of premanufacture notices (PMN) and are also subject to an Order issued by EPA pursuant to TSCA. 90 Fed. Reg. 26437. The SNURs require persons to notify EPA at least 90 days before commencing the manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use in the SNUR. The required notification initiates EPA’s evaluation of the conditions of that use for that chemical substance. In addition, the manufacture or processing for the significant new use may not commence until EPA has conducted a review of the required notification; made an appropriate determination regarding that notification; and taken such actions as required by that determination. The SNURs will be effective August 22, 2025.
EPA Determines 1,1-Dichloroethane Presents An Unreasonable Risk To Human Health Due To Three COUs: EPA announced on June 23, 2025, the availability of the final risk evaluation under TSCA for 1,1-dichloroethane. 90 Fed. Reg. 26581. The purpose of risk evaluations under TSCA 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 unreasonable risk to potentially exposed or susceptible subpopulations identified as relevant to the risk evaluation by EPA, and without consideration of costs or non-risk factors. EPA used the best available science to prepare this final risk evaluation and determined, based on the weight of scientific evidence, that 1,1-dichloroethane presents unreasonable risk to human health driven by three COU because of risks to workers.
TSCA Reform — Nine Years Later: B&C, ELI, And GWU Conclude Another Amazing Conference: On June 25, 2025, B&C, the Environmental Law Institute (ELI), and the George Washington University (GWU) Milken Institute School of Public Health presented “TSCA Reform — Nine Years Later.” This virtual conference marked the ninth TSCA Annual Conference, reflecting on the accomplishments and challenges since the implementation of the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) and where TSCA stands today. Speakers covered a variety of topics, including risk management rules; the risk evaluation framework; new chemical review; key TSCA considerations in the production, use, and recycling of plastics; the role chemicals play in chronic disease; and the prospects for TSCA reform. The fact that there were almost 900 registrants demonstrates the growing and continuous interest in EPA’s challenging implementation of TSCA. A recording of the conference is available online. The conference materials are available on the ELI website. More information is available in our July 8, 2025, memorandum.
EPA Withdraws Proposed SNURs For 18 Chemicals Made From Plastic Waste-Based Feedstocks: On July 9, 2025, EPA withdrew proposed SNURs under TSCA for 18 chemical substances that were the subject of PMNs and a subsequent TSCA Order. 90 Fed. Reg. 30216. EPA states that it is withdrawing the proposed SNURs because it withdrew the 2022 TSCA Order that was the basis of the rules on December 18, 2024. According to the notice, EPA withdrew the TSCA Section 5(e) Order and associated determinations regarding the PMNs on December 18, 2024. EPA states that at the time it withdrew the TSCA Section 5(e) Order, manufacture of the chemical substances had not yet commenced. EPA notes that, in addition, since publishing the proposed SNURs, EPA has received 30 comments, including adverse ones, that encouraged the Agency to remand or modify the TSCA Section 5(e) Order and proposed SNURs. The proposed SNURs were withdrawn as of July 9, 2025. More information is available in our July 11, 2025, blog item.
Community And Environmental NGOs File Suit After EPA Denies TSCA Section 21 Petition Concerning Prohibition Of Hydrogen Fluoride In Domestic Oil Manufacturing: As reported in our May 14, 2025, blog item, on May 12, 2025, EPA denied a petition filed under TSCA Section 21 seeking to prohibit the use of hydrogen fluoride in domestic oil refining through a TSCA Section 6(a) rulemaking. The Natural Resources Defense Council (NRDC) announced on July 9, 2025, that after EPA denied their petition, community and environmental non-governmental organizations (NGO) filed suit in the U.S. District Court for the Central District of California “to force [EPA] to address the threat of an unnecessary and dangerous chemical used in dozens of American refineries despite its potential to form toxic acid clouds.” The Clean Air Council (CAC), Communities for a Better Environment (CBE), and NRDC claim that more than 40 oil refineries across the country use hydrogen fluoride, even though several refineries have started to replace it with safer commercial-scale alternatives.
RCRA/CERCLA/CWA/CAA/PHMSA/SDWA
PHMSA Proposes To Update Definition Of An Aerosol: The Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) on July 1, 2025, proposing to update the definition of an aerosol to eliminate unnecessary regulatory burdens and maintain consistency with current international transportation standards. 90 Fed. Reg. 28540. PHMSA notes that the Hazardous Materials Regulations (HMR) currently define an aerosol as “an article consisting of any non-refillable receptacle containing a gas compressed, liquefied or dissolved under pressure, the sole purpose of which is to expel a nonpoisonous (other than a Division 6.1 Packing Group III material) liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.” In September 2017, PHMSA received a petition to revise the HMR definition to align with the definitions found in the United Nations Recommendations on the Transport of Dangerous Goods — Model Regulations (UNMR), the International Maritime Dangerous Goods (IMDG) Code, the International Civil Aviation Organization Technical Instructions on the Safe Transport of Dangerous Goods by Air (ICAO TI), and the Regulations governing European Road Transport (ADR). The petitioners noted that the HMR definition is inconsistent with its international counterpart, which does not include the limitation for gas to be used to expel a liquid, paste, or powder. According to petitioners, without harmonization, this results in pure gases being shipped as fully regulated compressed gases under the HMR. On April 2, 2019, PHMSA responded to the petitioners by stating that the proposed revision merited further consideration. PHMSA states that lack of harmonization between the HMR and international standards “creates significant challenges for industry stakeholders engaged in global commerce, leading to confusion, increased compliance costs, and logistical inefficiencies, particularly for companies that manufacture, package, or transport hazardous materials across borders.” PHMSA notes that it is not aware of any transportation-related safety concerns that justify the inconsistency. Therefore, PHMSA proposes to revise the definition of an aerosol to align with the international definition and no longer require that an aerosol be designed for the sole purpose of expelling a liquid, paste or powder. Comments are due September 2, 2025.
EPA Takes Interim Final Action On NESHAP For Integrated Iron And Steel Manufacturing Facilities: EPA published an interim final rule on July 3, 2025, on the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Integrated Iron and Steel Manufacturing Facilities to revise certain compliance deadlines for standards issued in 2024. 90 Fed. Reg. 29485. Specifically, EPA is revising certain compliance deadlines in the 2024 rule to April 3, 2027, “in light of serious concerns that facilities will be unable to comply with the relevant requirements by the existing deadlines.” The interim final rule was effective on July 2, 2025. Comments are due August 1, 2025.
EPA Establishes Public Docket, Will Hold Listening Sessions On Implementation Challenges Associated With CWA Section 401: EPA announced on July 7, 2025, that it will initiate a series of stakeholder listening sessions and invite written feedback on regulatory uncertainty or implementation challenges associated with the Clean Water Act (CWA) Section 401 certification process as defined in the 2023 Water Quality Certification Improvement Rule. 90 Fed. Reg. 29828. EPA states that it will use this input to determine whether guidance or rulemaking are necessary to address identified areas of regulatory uncertainty or implementation challenges regarding the scope of certification. EPA also seeks stakeholder input related to CWA Section 401(a)(2) implementation. EPA will host webinar-based listening sessions on July 16, 2025, and July 30, 2025, to solicit feedback on the questions identified in the Federal Register notice. EPA notes that these sessions are open to states, Tribes, project proponents, and the public. Written comments are due August 6, 2025.
FDA
FDA Launches Artificial Intelligence Tool: On June 2, 2025, the U.S. Food and Drug Administration (FDA) announced the launch of an artificial intelligence (AI) tool that reportedly is designed to “help employees—from scientific reviewers to investigators—work more efficiently.” The tool, named “Elsa,” allows FDA employees to access information securely and to assist in reading, writing, and summarizing information to “support safety profile assessments, perform faster label comparisons, and generate code to help develop databases for nonclinical applications.” FDA intends to integrate AI further in additional processes, such as data processing and generative-AI functions to further support FDA’s mission.
FDA Begins Public Comment Period On Method For Ranking Chemicals In Food For Post-Market Assessments: FDA announced on June 18, 2025, the release of its proposed method for ranking chemicals in the food supply. According to the document, the systematic post-market assessment of food chemicals consists of the following steps: signal detection, triage, prioritization, scoping, scientific assessment (safety, risk, and/or hazard), risk management review, and risk management action. FDA states that it will publish a full description of the process later in 2025 that will describe each of these steps within the context of the systematic post-market assessment process. The document focuses on FDA’s proposed method of prioritizing chemicals identified for post-market assessment using existing information about the food chemical. The method uses Multi-Criteria Decision Analysis (MCDA) to determine a score for each chemical based on evaluating the information about a chemical against a pre-determined set of criteria. The document includes questions for public comment. Comments are due July 18, 2025. More information is available in our July 8, 2025, blog item.
FDA Releases Final Guidance For Remote Regulatory Assessments: On June 26, 2025, FDA announced the availability of a final guidance document titled “Conducting Remote Regulatory Assessments—Question and Answers.” 90 Fed. Reg. 27319. It is intended to help increase industry’s understanding of voluntary and mandatory Remote Regulatory Assessments (RRA) and to facilitate FDA’s process for conducting remote assessments. The final guidance includes changes, among others, to:
- Distinguish more clearly between mandatory and voluntary RRA requests;
- Clarify how FDA intends to inform establishments of the terms of participation in voluntary RRAs and obtain their consent to conduct the RRA; and
- Facilitate transparency and consistency in FDA’s use of RRAs across regulated products, as applicable.
A full copy of the guidance is available online.
NANOTECHNOLOGY
NIA Issues Position Paper On Divergent EU Approaches To Nano And Advanced Materials: On June 11, 2025, the Nanotechnology Industries Association (NIA) published a position paper entitled Bridging the Governance Gap: Divergent EU Approaches to Nano and Advanced Materials that highlights industry challenges with divergent approaches to nano and advanced materials in the EU. B&C is a proud member of NIA. More information is available in our June 30, 2025, blog item.
OECD Publishes Case Study On 2D Titanium Carbide MXenes: On June 30, 2025, the Organisation for Economic Co-operation and Development (OECD) published a report entitled 2D Titanium Carbide MXenes: Case Study Report on Advanced Materials. Within OECD’s Working Party on Manufactured Nanomaterials (WPMN), the Steering Group on Advanced Materials conducted a case study on the potential issues of 2D titanium carbide MXenes. The results of the case study were presented during an online international OECD WPMN workshop in 2024, where additional inputs and perspectives on the findings were also gathered. The report identifies potential issues and suggested follow-up actions. More information is available in our July 10, 2025, blog item.
NASEM Will Hold July 17 Webinar On Nanotechnology R&D Infrastructure: Then And Now: The National Academies of Sciences, Engineering, and Medicine (NASEM) will hold a webinar on July 17, 2025, on “Nanotechnology R&D Infrastructure: Then and Now.” The webinar will explore important advances in U.S. nanotechnology research and development (R&D) and future opportunities for the field. During the webinar, members of the Committee on the Quadrennial Review of the National Nanotechnology Initiative (NNI) will be joined by other nanotechnology experts for a roundtable discussion on how modernizing and expanding access to nanotechnology R&D infrastructure can drive U.S. innovation in critical areas.
BIOBASED/RENEWABLE PRODUCTS/SUSTAINABILITY
B&C® Biobased And Sustainable Chemicals Blog: For access to a summary of key legislative, regulatory, and business developments in biobased chemicals, biofuels, and industrial biotechnology, go to https://www.lawbc.com/brand/bioblog/.
PUBLIC POLICY AND REGULATION
White House OSTP Issues Agency Guidance For Gold Standard Science: On June 23, 2025, the White House Office of Science and Technology Policy (OSTP) announced that it issued agency guidance for implementing Gold Standard Science in the conduct and management of scientific activities. As reported in our June 5, 2025, memorandum, on May 27, 2025, President Trump signed an Executive Order (EO) on “Restoring Gold Standard Science.” The guidance defines the nine key tenets that define Gold Standard Science and describes agency responsibilities for each. The guidance states that to align with the EO, federal agencies “shall implement Gold Standard Science tenets in all agency-managed scientific activities, including both intramural and extramural research, from the selection phase throughout closeout.” Agencies must report the actions that they are taking to implement the guidance by August 22, 2025. Future reports will be due to OSTP by September 1 of each year beginning in 2026. More information is available in our July 11, 2025, blog item.
LEGISLATIVE
Republicans On House Transportation And Infrastructure Committee Introduce Bills To “Cut Red Tape” And Increase CWA Permitting Efficiency: The House Committee on Transportation and Infrastructure announced on June 12, 2025, that Republican members introduced 15 bills to cut red tape, streamline reviews, and provide greater regulatory certainty under CWA permitting processes. According to the Committee, the measures “are targeted, common-sense reforms that will strengthen the permitting process for permit seekers and holders, while providing clearer instruction and standards for permitting agencies.” The bills include:
- The Promoting Efficient Review for Modern Infrastructure Today (PERMIT) Act (H.R. 3898): The bill codifies longstanding Waters of the United States (WOTUS) exclusions for water treatment systems, ephemeral features, groundwater, and prior converted cropland that have been included as part of WOTUS regulations over the years;
- The Clarifying Federal General Permits Act (H.R. 3899): The bill codifies EPA’s existing practice of issuing general permits under the National Pollutant Discharge Elimination System (NPDES) program, requiring EPA to either reissue NPDES general permits or provide two years written notice if they do not intend to reissue the general permit;
- The Water Quality Technology Availability Act (H.R. 3900): The bill protects the regulated community from overburdensome regulation by ensuring that technology they are required to use to comply with effluent limitation guidelines (ELG) for wastewater discharges is technology that is actually commercially available in the United States, therefore making ELGs reasonably obtainable;
- The Farmers Undertake Environmental Land Stewardship (FUELS) Act (H.R. 3909): The bill eases burdens on America’s farmers and ranchers, as well as EPA, by raising the exemption level for a single container of up to 10,000 gallons of fuel, while adjusting the aggregate level for an entire production facility to 42,000 gallons;
- The Improving Water Quality Certifications and American Energy Infrastructure Act (H.R. 3928): The bill clarifies that states, when evaluating water quality, consider only discharges that would result from the federally permitted or licensed activity itself; establishes clear requirements for water quality certification requests; requires states to make final decisions on whether to grant or deny a request in writing based only on water quality reasons; and requires states to inform a project applicant within 90 days whether the states have all of the materials needed to process a certification request;
- The Reducing Regulatory Burdens Act (H.R. 3824): The bill prohibits the EPA or states from requiring permits under the NPDES program for discharges of pesticides into navigable waters if the pesticides are registered, used for their intended purposes, and used in compliance with their pesticide label requirements, as already required;
- The Nationwide Permitting Improvement Act (H.R. 3927): The bill extends the maximum period of reissuance for general permit holders from five to ten years; clarifies that when issuing Nationwide Permits (NWP), only the categories within the confines of CWA Section 404 authority (dredge and fill material discharges) are considered; and provides a clear, predictable process for good actors, including those providing fuels through linear pipelines;
- The Forest Protection and Wildland Firefighter Safety Act of 2025 (H.R. 3300): The bill clarifies that federal, state, local, and tribal firefighting agencies do not need a NPDES permit to use fire retardant from aircraft when responding to wildfires;
- The Reducing Permitting Uncertainty Act (H.R. 3935): The bill prevents EPA from vetoing a CWA Section 404 dredge and fill permit before a permit application has been filed or after a permit has already been issued by the U.S. Army Corps of Engineers (Corps);
- The Water Quality Criteria Development and Transparency Act (H.R. 3888): The bill establishes a more transparent procedure for the development of water quality criteria by EPA often used for NPDES permits;
- The Judicial Review Timeline Clarity Act (H.R. 3905): The bill sets reasonable judicial review timelines for CWA Section 404 dredge and fill permits to help ensure reliable and efficient project authorizations, which will help spur commercial activity;
- The Jurisdictional Determination Backlog Reduction Act (H.R. 3901): This bill requires the Corps to implement expedited procedures and allocate necessary resources to eliminate the existing backlog of jurisdictional determinations, as well as pending applications for CWA Section 404 dredge and fill permits;
- The Water Quality Standards Attainability Act (H.R. 3934): The bill requires that water quality standards (WQS), which are developed by states and approved by EPA, take into account municipal combined storm and sanitary sewer long-term control plans, as well as the attainability of the WQS through commercially available treatment technologies;
- The Confidence in Clean Water Permits Act (H.R. 3897): The bill clarifies that NPDES permits must include only clear, objective, concrete limits on specific pollutants or waterbody conditions, and that as long as permit holders are adhering to these clear effluent limitations, they are in compliance under the law, as outlined in the 2025 San Francisco v. EPA case; and
- The Restoring Federalism in Clean Water Act Permitting Act (H.R. 3902): The bill requires EPA to undertake a review of the current regulations surrounding the state assumption process for CWA Section 404 permits to streamline the process and encourage additional states to take the lead in issuing these permits.
Bipartisan Bill Would Codify NPDWR For PFAS: On June 26, 2025, Representatives Brian Fitzpatrick (R-PA) and Debbie Dingell (D-MI), Co-Chairs of the bipartisan Congressional PFAS Task Force, introduced the PFAS National Drinking Water Standard Act of 2025 (H.R. 4168), “bipartisan legislation to codify” EPA’s first-ever national primary drinking water regulation (NPDWR) for perfluoroalkyl and polyfluoroalkyl substances (PFAS). Fitzpatrick’s June 26, 2025, press release states that the legislation would codify EPA’s April 2024 PFAS NPDWR, establishing enforceable maximum contaminant levels (MCL) for six PFAS, including perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), in public drinking water systems. As reported in our May 15, 2025, Monthly Federal Developments Memorandum, EPA announced on May 14, 2025, that it will keep the current NPDWR for PFOA and PFOS. EPA intends to rescind the regulations and reconsider the regulatory determinations for perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), and hexafluoropropylene oxide dimer acid (HFPO-DA or GenX), and the Hazard Index mixture of these three plus perfluorobutane sulfonic acid (PFBS) “to ensure that the determinations and any resulting drinking water regulation follow the legal process laid out in the Safe Drinking Water Act.”
Bipartisan Military PFAS Transparency Act Would Improve Cleanup Around Military Facilities: On June 26, 2025, Representatives Kristen McDonald Rivet (D-MI) and Jack Bergman (R-MI) introduced the bipartisan Military PFAS Transparency Act (H.R. 4192) “to shine a light on PFAS cleanup efforts” by the U.S. Department of Defense (DOD). According to McDonald’s June 27, 2025, press release, the bill would:
- Require annual reporting on DOD PFAS cleanup efforts: The bill requires DOD to submit annual reports detailing site-specific funding, progress, and barriers for all interim PFAS remediation and cleanup efforts. This includes timelines, performance metrics, and the status of the actions;
- Establish better cleanup strategies: The bill requires DOD to commit to more efficient cleanup strategies. These strategies will prioritize cleanup based on risk, increase lab testing capacity, and set standards for evaluating cleanup efforts; and
- Improve transparency through a public dashboard: The bill requires DOD to create a public online dashboard within one year to display updated PFAS cleanup data, funding, timelines, and community points of contact.
House Bill Would Require FDA To Ensure Safety Of Chemicals Added To Food: On July 10, 2025, Representatives Jan Schakowsky (D-IL), Ranking Member of the House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade, and Rosa DeLauro (D-CT) reintroduced the Food Chemical Reassessment Act of 2025 (H.R. 4306), which would require FDA “to ensure that chemicals that have entered the food supply chain through loopholes or that were reviewed by the FDA decades ago are safe to eat.” According to Schakowsky’s July 10, 2025, press release, the bill would require the newly created Office of Food Chemical Safety, Dietary Supplements, and Innovation at FDA to study every three years the safety of at least ten chemicals added to food or food packaging, starting with: tert-butylhydroquinone (TBHQ), titanium dioxide, red dye 40, yellow dye 5, blue dye 1, blue dye 2, green dye 3, perchlorate, butylated hydroxyanisole (BHA), butylated hydroxytoluene (BHT), TCE, methylene chloride, benzene, ethylene chloride, propyl gallate, sodium nitrite, and sodium benzoate. The bill would also re-establish a Food Advisory Council to advise FDA on the best methods to review the safety of food chemicals.
MISCELLANEOUS
Illinois Legislature Passes Bill Banning Intentionally Added PFAS In Certain Consumer Products And Requiring IEPA To Prepare Report On Fluoropolymers By August 1, 2027: On May 31, 2025, the Illinois legislature passed a bill (HB 2516) amending the PFAS Reduction Act to ban certain consumer products containing intentionally added PFAS. As of January 1, 2032, intentionally added PFAS are banned in cosmetics, dental floss, juvenile products, menstrual products, and intimate apparel. The Act defines PFAS as “a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.” The bill defines intentionally added PFAS as “PFAS that are deliberately added during the manufacture of a product if the continued presence of the PFAS is desired in the final product or desired in one of the product’s components to perform a specific function in the final product” and specifically excludes “PFAS that are present in the product due to use of water containing PFAS if the manufacturer took no action that resulted in the PFAS being present in the water.” Under the enacted bill, by August 1, 2027, the Illinois Environmental Protection Agency (IEPA) must submit a report to the General Assembly that includes an assessment of available scientific data regarding fluoropolymers and an assessment of potential critical uses of fluoropolymers and their relation to the supply chain. The bill was sent to the governor for signature on June 24, 2025.
CDTSC Proposes Adding Microplastics To Candidate Chemicals List: The California Department of Toxic Substances Control (CDTSC) announced on June 20, 2025, that it released a rulemaking package that proposes to add microplastics to the Candidate Chemicals List, which would allow CDTSC to identify consumer products containing or generating microplastics for future evaluation and possible regulation as Priority Products. CDTSC notes that a Priority Product is a consumer product that contains one or more Candidate Chemicals that have the potential to harm people or the environment, and that has been formally listed in the California Code of Regulations through rulemaking. Comments are due August 4, 2025.
OECD Publishes Report On Commercial Availability And Current Uses Of PFAS And Alternatives In Hydraulic Oils And Lubricants: On June 20, 2025, OECD published a report entitled Per- and Polyfluoroalkyl Substances (PFAS) and Alternatives in Hydraulic Oils and Lubricants: Report on Commercial Availability and Current Uses. The report examines the commercial availability and current uses of PFAS and non-PFAS alternatives in lubricants and hydraulic oils within the framework of the Global PFAS Group. The report makes a number of specific policy recommendations, highlighting specific actions for different actors, to address the barriers and challenges associated with substitution of PFAS in lubricant and hydraulic oils. More information is available in our July 1, 2025, blog item.
MPCA Will Postpone January 1, 2026, Reporting Deadline On Products Containing Intentionally Added PFAS: In June 2025, the Minnesota Pollution Control Agency (MPCA) posted Parts One and Two of its response to pre-hearing and hearing comments. Part One states that 67 commenters submitted written comments on the April 2025 proposed rule. During the May 22, 2025, hearing on the proposed rule, 11 stakeholders presented verbal testimony. According to the document, MPCA has reviewed the comments and “has identified some parts of the proposed rule that require clarification, or that the agency would consider minor, non-substantive changes to.” According to Part Two of the response to comments, MPCA “has decided outside of the rulemaking process to issue an extension to the initial due date to ensure program success.” MPCA will provide more information on the extension of the January 1, 2026, reporting deadline “in the near future.”
DPR Issues California Notice 2025-08 Adding And Revising Multilingual Translation On Pesticide Labeling: On June 26, 2025, the California Department of Pesticide Regulation (DPR) issued California Notice 2025-08 announcing that pesticide registrants may add or revise multilingual translation of its labels by non-notification. With this change, DPR now is consistent with EPA’s decision to allow pesticide registrants to add the required Spanish-translated sections on its labels by non-notification as part of the Spanish translation requirements under the Pesticide Registration Improvement Act of 2022 (PRIA 5). Prior to Notice 2025-08, if a registrant wanted to add multilingual translations to its marketing labels, it was required to submit these label changes as an amendment. While Notice 2025-08 now allows the addition or revision of multilingual translation to DPR-registered labels to be made as a DPR “non-notification,” DPR adds, however, that registrants may not add or revise “multilingual labeling elements if the English version is not previously listed and has not been reviewed and accepted by DPR.” More information is available in our June 30, 2025, blog.
MDEP Receives 11 CUU Proposals For Products Containing Intentionally Added PFAS Scheduled For Prohibition In 2026, Recommends Two For CUU Determinations: As reported in our April 11, 2025, blog item, applications for currently unavoidable use (CUU) determinations for products containing intentionally added PFAS and scheduled to be prohibited in Maine on January 1, 2026, were due June 1, 2025. The agenda for the July 17, 2025, meeting of the Maine Board of Environmental Protection (MBEP) includes a proposed amendment to Chapter 90: Products Containing PFAS. According to the Maine Department of Environmental Protection (MDEP) Staff Memo hyperlinked in the agenda, MDEP received 11 proposals for CUU determinations in the following product categories: cookware (five proposals); cleaning products (four proposals); cosmetic product containers (one proposal); and upholstered furniture (one proposal). MDEP has recommended that two of the proposals for CUU determinations, both for cleaning products, be granted. For more information, read the full memorandum.